looks like judge Wu tried to not impose a sentence but his hands were tied.
"Pot dispensary owner sentenced to a year and a day in prison"
"...U.S. District Court Judge George H. Wu. Lynch declined the opportunity to address the court moments earlier... Wu said he saw no way around imposing a sentence of at least one year..."
"Lynch’s case made headlines nationwide and came to symbolize the tension between conflicting state and federal
marijuana laws. Cultivating, using and selling doctor-recommended
marijuana is allowed under some circumstances in California and about a dozen other states, but such activities are banned entirely under federal law."
"Lynch was prosecuted for illegally distributing
marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay’s mayor, city attorney and other civic leaders."
"During a two-week trial last summer, Lynch’s attorneys attempted to mount a defense based on the service they contend he provided to chronically ill patients who relied on
marijuana to ease their suffering. They were barred from doing so, however, because the Supreme Court has ruled that medical necessity is not a legitimate defense for violating federal drug laws."
ref:
http://latimesblogs.latimes.com/lano...les-lynch.html