Medical marijuana trial pits state vs. federal laws
SPOKANE, Wash. — Federal prosecutors are making an effort to sway a jury that a cancer patient and his family were illegally cultivating and selling pot in the forest outside their northeastern Washington home Although claims by the “Kettle Falls Five” stated that they were actually raising legal medical marijuana for their personal use.
The case against Larry Harvey’s family has become a cause to celebrate with in the cannabis community, which views it as a good example of the continued conflict between state and federal pot laws. Washington state In the summer of 2014 allowed to access to purchase marijuana for recreational use legally, however the raid on the Harvey’s house went down in August 2012. And Congress late last year properly barred the Justice Department from getting in the way with states that have medical cannabis systems.
Legalization advocates state it is a case of misunderstood federal pot laws and overzealous prosecutors not able or unwilling to understand the reality that average Americans would rather like to see people who use cannabis left alone.
Pot growers face charges — in state where pot is legal
“Some federal law enforcement officials are addicted to punishing people for marijuana-related offenses, and in this case the prosecutors are going on quite a bender,” said Robert Capecchi, deputy director of state policies for the pro-legalization Marijuana Policy Project. “They appear to be going out of their way to bring the harshest penalties possible. Nobody should face years in prison for providing medical marijuana to seriously ill people whose doctors recommend it. Surely the DEA and federal prosecutors have more pressing matters to address than this.”
Federal prosecutors argue the group’s medical marijuana claims are just a cover. They say evidence shows the group had been growing far more marijuana than they admit, and seized records they say show the group was paying people to process marijuana for illegal distribution.
“This is clearly a for-profit marijuana grow operation and a criminal act by people who are trying to set up an affirmative defense to their crimes under state law,” prosecutors wrote in rejecting the group’s efforts to have the case dismissed. “The defendant seems to imply that all a person needs to do to avoid federal prosecution for manufacturing marijuana in the state of Washington is to claim that he was manufacturing medical marijuana. It is clear that the defendants are hiding behind the medical marijuana laws in Washington in order to profit from their manufacture of marijuana.”
The judge on Feb. 18 dismissed the charges against Harvey, 71, because he’s suffering from advanced pancreatic cancer, but allowed prosecutors to keep pressing their case against his wife, son and daughter-in-law. Family friend Jason Zucker on Feb. 24 agreed to a plea bargain, the details of which have been sealed. The three remaining defendants face lengthy prison sentences in part because police seized several firearms after spotting the outdoor grow from a helicopter.
“This president campaigned on respecting state medical marijuana and not going after individual patients who are acting in accordance with those laws,” said Tom Angell of the pro-legalization Marijuana Majority. “The fact that his administration is prosecuting this case is shameful and contrary to his campaign pledges. These prosecutions need to be stopped, especially because Congress just passed an amendment in December that is supposed to prevent the Justice Department from interfering with state medical marijuana laws.”
The federal judge in the case has barred the group from claiming protection under medical marijuana laws. In his order, the judge effectively said prosecutors simply had to prove the group was growing marijuana, and that growing and possessing marijuana remains against federal law.
“They can’t put on a medical necessity defense. They can’t talk about state medical marijuana law,” said Kris Hermes of Americans for Safe Access, which supports the family but isn’t paying for its defense. “Normally these cases don’t go to trial, and people typically take plea bargains because they have no defense. Unfortunately, the Obama administration is continuing to aggressively try this case at considerable expense to taxpayers.”
Hermes, who has been showing for trial, stated the family is taking action with these charges because they believe it’s the right move to make. Though he added: “I’ve never seen a jury acquit a federal medical marijuana defendant.”
The trial is said to carry on into next week.
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