Lynch Section 538 Motions

USA vs LYNCH

FREE AT LAST!:April 23, 2024 USA vs Lynch dismissed and his Felony convictions expunged. USA vs Lynch the longest most expensive Federal Prosecution in US history is over. US Government spent 17 years and 56 million taxpayer dollars TRYING to lockup Charles Lynch for crimes he did not commit. Scroll down to read the news and see the official court documents.

INCREDIBLE NEWS: February 8, 2024 Lynch signs NEw plea deal to $2500 fine and 72 days of diversion wiping out 5 felonies a 5 year mandatory minimum sentence and ending the nearly 17 year Federal Prosecution. Lynch gets off without even a misdemeanor on his record. Final order was signed on February 8 2024 by the Honorable Judge Wu. Scroll down to read the new deal.

BREAKING NEWS: January 2024 Lynch signs plea deal to misdemeanor possession and $2500 fine wiping out 5 felonies a 5 year mandatory minimum sentence and ending the nearly 17 year Federal Prosecution. Lynch will be left with a misdemeanor possession charge on his record. Final hearing set for February 8, 2024 10am in Los Angeles, CA Superior Court. Scroll down to read the plea agreement.

January 31, 2024 LA Times runs story on USA vs Lynch case exposing prosecutorial misconduct and unfairness of 17 year federal medical marijuana prosecution to the World. Feds scramble to reach deal before story breaks to avoid embarrassment and be able to say case has been resolved. Scroll down for link to the story.

January 22, 2024 Lynch appears in Federal Court for McIntosh hearing. Federal Prosecutor David Kowal puts on a real circus act asking for more time but the Judge tells him time is up and admonishes him for missing previous deadlines. Director of Criminal Division and Prosecutor David Kowal's boss Mack Jenkins watches from the gallery to see a prosecutor in total disarray. Scroll down for the story.

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.

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

"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"

• 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.

McIntosh Hearing Schedule (2022-06-21)

June 21, 2022 New McIntosh Hearing Schedule

Lynch's Motion to enjoin Government from spending on ongoing Prosecution due July 14, 2022 in USA vs Lynch

There will be no further continuances. IT IS SO ORDERED.

Revised McIntosh Hearing Schedule (2021-11-23)

November 23, 2021 New McIntosh Hearing Schedule

McIntosh Hearing Schedule CONTINUED to September 2022 in USA vs Lynch

Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing September 22, 2022 9:30 am

Revised McIntosh Hearing Schedule (2021-09-15)

September 15, 2021 New McIntosh Hearing Schedule

McIntosh Hearing Schedule CONTINUED to Februrary 2022 in USA vs Lynch

Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing February 17, 2022 9:30 am

Revised McIntosh Hearing Schedule (2021-10-14)

October 14, 2020 McIntosh Hearing Schedule

McIntosh Hearing Schedule CONTINUED to April 2021 in USA vs Lynch

Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing April 1, 2021 9:30 am

McIntosh Hearing Schedule (2020-09-11)

September 11, 2020 McIntosh Hearing Schedule

McIntosh Hearing Schedule CONTINUED to 2021 in USA vs Lynch

Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing January 7, 2021 9:30 am

McIntosh Hearing Expert Discovery

May 4, 2020 Feds and Defense disclose McIntosh Expert Discovery

Federal Prosecutors and Federal public defenders file Expert Discovery 2020 in USA vs Lynch

Federal prosecutors file Expert Witness Disclosure. DEA Agent Dennis R. Packer will argue that Lynch's business model was not correct. Federal Public Defenders file Exper Witness Disclosure. Alex Kreit and Ofor Lion will provide expert witness that Lynch complied with State Laws. These disclosure documents are not available online at this time.

McIntosh Hearing ReSchedule

April 29, 2020 Court Reschedules dates for McIntosh Hearing Schedule

Judge Wu approves McIntosh Hearing Schedule May 2020 thru September 2020 in USA vs Lynch

Due the Corona virus pandemic Judge Wu reschedules the McInthosh hearing schedule for Lynch: Expert Discover May 4, 2020; Defendant's motion to enjoin spending June 18, 2020; Government's opposition to motion to enjoin July 16, 2020; Defendant's reply August 13, 2020; Final Discovery Cutoff August 27, 2020; Status Conference September 10, 2020; Evidentiary Hearing September 24, 2020.