Lynch Section 538 Motions

USA vs LYNCH

BREAKING NEWS: November 2023 Federal Prosecutors miss deadline to file in McIntosh hearing in USA vs Lynch two times in a row. Lynch files for motions to dismiss. Scroll down for latest updates

January 2023 Court again re-schedules McIntosh hearing in USA vs Lynch for August 7, 2023. Government pushes the blame off to Lynch for all his delays in hearings in the past.

October 2020 Court re-schedules McIntosh hearing in USA vs Lynch for April 2021. In 2020 Lynch's case was stalled by the Corona Virus Outbreak. The McIntosh hearing will determine if Lynch was following State Law 14 years ago. The McIntosh hearing is now scheduled for April 1, 2021.

April 2, 2020 Federal Prosecutors schedule McIntosh hearing in USA vs Lynch. In 2019 Lynch took his arguments to Supreme court which paused the Section 531 Arguments. Lynch lost at the Supreme Court but won a McIntosh Hearing. The McIntosh hearing will determine if Lynch was following State Law 13 years ago. The McIntosh hearing is scheduled for March 2020 through August 2020.

March 3, 2017 Free Federal Public Defenders file Notice and Request for a McIntosh Remand or Relief to end ongoing 10 year Federal Medical Marijuana Prosecution of Charles Lynch.

Appropriations Action Section 538 of 2015 was renumbered to Appropriations Act Section 542 in 2016. The Section expires in April 2017 if not renewed. The rider was renewed in 2018, 2019 and 2020. The 2020 version is numbered Section 531.

February 24, 2015 Charles Lynch filed Appropriations Act, 2015 Section 538 Motion to end his prosecution for operating a medical marijuana dispensary in 2006. The series of Government and Lynch motions follows with most recent first.

SEC. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Government Misses Deadline to File November 15th, 2023

November 15, 2023 Government Misses Deadline to File Again

For Second time in a row Federal Prosecutor David Kowal misses deadline of November 15th by one month to file paperwork for McIntosh Hearing in USA vs Lynch. Free Federal Public Defenders file motion to Dismiss.

Federal Prosecuter David Kowal missed his own deadline AGAIN to file paperwork in Lynch's McIntosh hearing. Free Federal Public Defenders file motion to dismiss and at a minimum motion to enjoin spending

"This is the second time the government has failed to oppose the defense’s motion to enjoin spending. Each time, the government has set its own date to file its opposition. And, each time, it has completely ignored its obligation to this Court, to Mr. Lynch, and to justice. Once again, an entire month has elapsed after the government’s chosen date to file its opposition and nothing has been filed. The government’s egregious conduct cannot be sanctioned by this Court.
The government has prosecuted Mr. Lynch for operating a medical marijuana dispensary for sixteen years. He has been subject to supervision for sixteen years. He has dealt with the uncertainty of whether he would be jailed for sixteen years. He has diligently defended himself against every indignity he has suffered as a result of this prosecution. " "The Hoffman court found dismissal particularly appropriate because, just as occurred here, “the government here did not even attempt to meet the court-ordered deadlines.” Id. at *3. Like in Hoffman, here, the government has twice ignored the deadlines set by the court. Each time, a month has passed after its self-selected deadlines. How many times can one “erroneously miscalendar[]” a deadline? (Dkt. No. 555 at 5.) No excuse can justify the government’s egregious disregard for the Court’s order. It is not the defense or the Court’s obligation to remind the government of its obligations to Mr. Lynch and to this Court. (Id. (attempting to blame the defense for missing the first time it disregarded its opposition deadline, complaining that the defense had “not contacted me previously about missing the earlier opposition date”).)"

~~A dismissal hearing is set for December 14, 2023 although Honorable Judge Wu may dismiss the case at any time sooner than that.~~
12-22-2023 Judge Wu reschedules hearing for dismissal to January 22, 2024 8am

~~• Defendant’s Hearing for Dismissal: December 14, 2023~~
• Defendant’s Hearing for Dismissal: January 22, 2024 8am

March 27, 2024 will mark 17 years free loading Federal prosecutor David Kowal has spent trying to lock up Lynch for petty marijuana crimes he did not commit. I did not send Abe Baxter to sell a pound on the street. Meanwhile more than Half the entire nation #cannagarchs build ill begotten schedule I empires operating in Felonious violation of federal law at RICO levels because THC>.03% is still schedule I. Stock brokers like ETRADE sell stocks of Illegal marijuana companies while closing Lynch's IRA for a "marijuana arrest". Politicians like Former Speaker of the House John Boehner are on the board of illegal marijuana companies Acreage Cannabis and earn millions of dollars a year conspiring to distribute a schedule I drug. If Russian/Canadian #cannagarch Boris Jordan CEO of Curaleaf whose illegal marijuana company is traded on the stock market and who has 100's of Armed Marijuana Stores across the nation held to same legal standard as Charles Lynch he be doing 50 years for operating a continuing criminal enterprise with Firearm enhancements. Equal Justice in American when it comes to Marijuana is a pipe dream. Democrats in Congress trying to Pass MORE Act which would deschedulize THC>.3%, expunge records and restore constitutional rights of millions being blocked by Republicans who oppose marijuana reforms.

Government Misses Deadline to File June 26th, 2023

June 26, 2023 Government Misses Deadline to File

Federal Prosecutor David Kowal misses deadline of May 24th by one month to file paperwork for McIntosh Hearing in USA vs Lynch

Federal Prosecuter David Kowal missed his own deadline to file paperwork in Lynch's McIntosh hearing. Free Federal Public Defenders file motion to enjoin spending

"Since the filing of the motion, the government has filed two unopposed requests to continue its deadline to file an opposition. (Dkt. Nos. 550, 552.) Most recently, on January 23, 2023, the government requested that the Court continue its opposition deadline by 180 days. (Dkt. No. 552.) The Court granted the government’s request and set the deadline for the government to file its opposition to the motion to enjoin spending on May 24, 2023. (Dkt. No. 553.) The Court also set the reply deadline for June 26, 2023. (Id.) To date, over a month after its self-selected deadline, the government has filed no opposition. Mr. Lynch respectfully requests that the Court grant its motion to enjoin spending due to the government’s non-opposition and put a halt to this now sixteen year prosecution."

Federal Prosecutor Dave Kowal woke from his high paid nap and filed a motion saying he "miscalendared" and asked the court for yet another extension based on the idea Lynch has had so many extensions

"I am filing this request late, after the prior date for the government’s response, because I erroneously miscalendared the date for the government’s response and the time to request this continuance. I had been anticipating that current status conference date of July 31, 2023 was the date for my response. I had expected to file a request for more time after the completion of the trial on July 11, 2023 was complete. I was not aware of my error until the defense filed their reply today (Dkt. 554), as they had not contacted me previously about missing the earlier opposition date. Certainly, given the time I have expended on this matter, I would have not let the time pass for a response without filing something had I realized my error previously. I apologize to the Court and the defense for my mistake"

Judge Wu grants Government request for extension with new dates:

• Government’s Opposition to Motion to Enjoin Spending: October 11, 2023
• Defendant’s Reply to Motion to Enjoin Spending: November 15, 2023
• Final Discovery Cut Off: December 13 2023
• Status Conference: January 8, 2024, at 9:30 a.m.
• Evidentiary Hearing: January 22, 2024, at 9:30 a.m

June 28, 2023 Judge Wu approves Government extension for more time

Request for Delay by Government January 24, 2023

January 24, 2023 McIntosh Hearing Postponed Again

Federal Prosecutor David Kowal submits a request for another extension of McIntosh Hearing in USA vs Lynch

Federal Prosecuter David Kowal filed for an extension to respond to Lynch's McIntosh hearing

"The government’s request is also proper and fair in light of the time that defendant was given to prepare his motion. Defendant filed his recent motion almost exactly three years after the Court had ruled on the preliminary legal issue on remand, in July 2019. (Dkt. 498). Defendant also had over two years to prepare his motion since the parties exchanged expert disclosures in early May 2020, during which time the Court granted the defense approximately seven further different ex parte requests for further time. (Dkts. 525-531, 534, 536, 539)."

• Government’s Opposition to Motion to Enjoin Spending: May 24, 2023
• Defendant’s Reply to Motion to Enjoin Spending: June 26, 2023
• Final Discovery Cut Off: July 22 2023
• Status Conference: July 31, 2023, at 9:30 a.m.
• Evidentiary Hearing: August 7, 2023, at 9:30 a.m

March 27, 2023 will mark 16 years free loading Federal prosecutor David Kowal has spent trying to lock up Lynch for petty marijuana crimes he did not commit. I did not send Abe Baxter to sell a pound on the street. Meanwhile more that Half the entire nation #cannagarchs build ill begotten schedule I empires operating in Felonious violation of federal law at RICO levels because THC>.3% still schedule I.

January 25, 2023 Judge Wu approves Government extension for more time

McIntosh Hearing Delayed Till 2023

August 24, 2022 McIntosh Hearing Postponed

Federal Prosecutor David Kowal submits a request for extension of McIntosh Hearing in USA vs Lynch

Federal Prosecuter David Kowal filed for an extension to respond to Lynch's McIntosh hearing

• Government’s Opposition to Motion to Enjoin Spending: January 23, 2023
• Defendant’s Reply to Motion to Enjoin Spending: February 20, 2023
• Final Discovery Cut Off: March 6, 2023
• Status Conference: March 20, 2023, at 9:30 a.m.
• Evidentiary Hearing: March 27, 2023, at 9:30 a.m.

March 27, 2023 will mark almost 16 years free loading Federal prosecutor David Kowal has spent trying to lock up Lynch for petty marijuana crimes he did not commit. I did not send Abe Baxter to sell a pound on the street. Meanwhile more that Half the entire nation operates in Felonious violation of federal law because THC>.3% still schedule I.

McIntosh Hearing Begins (2022-07-19)

July 19, 2022 McIntosh Hearing Begins

Lynch's Motion to enjoin Government from spending in ongoing Prosecution was submitted July 19, 2022 in USA vs Lynch

Free Federal Public Defenders file a Motion to enjoin Government from spending more money in USA vs Lynch based on the Appropriations rider Section 538-542 2015-2022. Expert Witness This email address is being protected from spambots. You need JavaScript enabled to view it. concludes:

"As discussed above, it is my assessment that, consistent with Section 11362.765 of the California Health & Safety Code, as in effect in 2006 and 2007, it appears that Mr. Lynch did not “cultivate or distribute marijuana for profit” through his operation of Central Coast Compassionate Caregivers. While not required under Section 11362.765 of the California Health & Safety Code, Mr. Lynch’s operation of CCCC generally appears to have been consistent with the operation of a taxable, unincorporated nonprofit association, a type of legal entity recognized under California law which may be formed without filing articles of organization or similar documents with any federal, state, or local government agency."

Federal Prosecutors having hard time locking Lynch up so now they going after his business model saying he was not a non profit and was making millions. Now they putting Lynch on State Trial in Federal court to see if Lynch was following state law 15 years ago.

Lynch said "what a bunch of crap!, These free loading Pot Nazis at the Department of Justice have spent 15 years, 25% of my life, and 55 Million taxpayer dollars trying to lock me up for petty marijuana crimes I did not commit. Congress has created a nation of un indicted drug felons without constitutional rights 2 or 10 in federal court because THC>3% is still schedule I. Cannagarchs like Willie Nelson, Mike Tyson and Jay-z are busy building ill begotten natioal schedule I empires while others locked up for years for much less. This is not a battle in racism as some claim. Mike Tyson and Jay-z profit from a schedule I drug, its more a popularity and power contest. DEAHQ wont fk with Mike Tyson the guy who bites off ears, beats up people on Air planes and sells THC laced Gummy Ears he'd kick their ass, and Willie Nelson who sells weed nation wide under Willies Reserve he would write a song about em and Jay-z well... Some folks much too popular to prosecute and we can see that same treatment when it come to Donald J Trump. Hell prosecuting Trump for tyring to overthrow the US Government and elections could cause civil war, but it's ok to prosecute Lynch for 15 years. America home of the #potnazis and #cannagarchs. Get these free loading #potnazis at the Department of Justice off my prosecutorial back.

If Department of Justice held #cannagarchs Willie Nelson, Mike Tyson and Jay-z to the same legal standard as Lynch they'd be doing 30 years for operating continuing criminal enterprises THC>3% still schedule I. And if Department of Justice held Cannagarchs Boris Jordan who operates hundreds of Armed dispensaries across 25 states to the Same legal standard as Lynch he be doing 50 years for operating a continuing criminal enterprise with firearm enhancements.

July 21, the Great Senator Chuck Schumer submitted the Cannabis Administrative Opportunity Act which would probably end Lynch's 15 year case and expunge records and restore constituional rights of millions across the nation. These acts let all those walk away with thier ill begotten schedule I empires but at this point and all along all I want is my/our freedom.

Follow Charles Lynch's rants on Twitter at This email address is being protected from spambots. You need JavaScript enabled to view it.

Pre Trial Release Conditions (2022-06-23)

June 23, 2022 : MODIFICATION OF PRETRIAL RELEASE CONDITIONS

Pre Trial Services recommeneds ending lynch Weekly phone call Reports

Lynch has been reporting by phone and in person to Pre Trial Services Officers for over 15 years. Pre Trial Services officers recommended dropping Lynch reporting all together or a more limited plan. So instead of reporting once a week, now Lynch to report by phone once a month.