Pubdate: Mon, 12 May 2014
Source: Philadelphia Inquirer, The (PA)
Copyright: 2014 Philadelphia Newspapers Inc
Contact:  http://www.philly.com/inquirer/
Details: http://www.mapinc.org/media/340
Author: Nicholas K. Geranios and Gene Johnson, Associated Press
Page: A6

U.S. SEEKS JAIL FOR POT GROWERS

Even Though Washington State Allows Medical Marijuana, 10-Year
Sentences Are Possible.

SPOKANE, Wash. (AP) - The green-cross storefronts of medical marijuana
dispensaries are common in much of Washington, and the state is
plowing ahead with licensing people to grow and sell recreational pot
to adults.

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.

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 Harveys did have guns at their home, which is part of the reason
for the lengthy possible prison time. They say the weapons were for
hunting and protection, but prosecutors say two of the guns were
loaded and in the same room as a blue plastic tub of pot.

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.

"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.

Assistant U.S. Attorney Joe Harrington, a spokesman for the U.S.
Attorney's Office in Spokane, said he could not discuss the coming
trial or the office's general approach to pot crimes.

But the case illustrates discrepancies in how law enforcement
officials are handling marijuana cases as Washington - with the
Justice Department's blessing - moves ahead with its grand experiment
in pot legalization. Medical marijuana gardens the size of the
Harveys' rarely draw attention from authorities in the Seattle area.

Under Initiative 502, about 30 people have so far been licensed to
grow marijuana for sale at recreational pot shops scheduled to begin
opening in July. 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.
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