Washington state is plowing ahead with licensing people to grow and sell recreational pot to adults as medical marijuana dispensaries become a common site, but a federal trial scheduled to begin in the coming weeks for five people in Spokane suggests not all is OK with weed in the state, according to the Associated Press.
Larry Harvey, a 70-year-old medical marijuana patient with no criminal history, three of his relatives and a family friend each face mandatory minimum sentences of at least 10 years in prison after they were caught growing about 70 pot plants on their rural, mountainous property, the AP reported. The Harveys did have guns at their home, which is part of the reason for the lengthy possible prison time.
Medical marijuana advocates have cried foul, arguing the prosecution violates Department of Justice policies announced by Attorney General Eric Holder last year that nonviolent, small-time drug offenders shouldn't face lengthy prison sentences, according to the AP.
"This case is another glaring example of what's wrong with the federal policy on cannabis," said Kari Boiter, Washington state coordinator for the medical marijuana group Americans for Safe Access, the AP reported.
Assistant U.S. Attorney Joe Harrington, a spokesman for the U.S. Attorney's Office in Spokane, said he could not discuss the upcoming trial or the office's general approach to pot crimes, according to the AP.
The case illustrates discrepancies in how law enforcement officials are handling marijuana cases as Washington moves ahead with its grand experiment in pot legalization, the AP reported.
Under Initiative 502 about 30 people have so far been licensed to grow marijuana for sale at recreational pot shops slated to begin opening in July, according to the AP. Commercial medical marijuana dispensaries also operate in many cities, especially in Western Washington, generally considered the liberal half of the state.
Under federal law, marijuana remains illegal, and what the licensed growers are doing differs little from what Harvey and his family did, the AP reported.
Harvey, along with his wife, Rhonda Firestack-Harvey; her son, Rolland Gregg, and his wife, Michelle Gregg; and their friend, Jason Zucker, all had medical authorizations to use marijuana under state law, according to the AP.
The Greggs and Zucker live in the Seattle area, and lawyers in the case say Zucker is the only one with previous criminal history, a conviction for marijuana growing, the AP reported. Harvey said he eats pot-laced cookies to ease pain from gout.
Douglas Phelps, a lawyer for Rolland Gregg, said many defendants feel they have no choice but to plead guilty to avoid long sentences, but the family feels strongly they did nothing wrong, according to the AP.
