Pubdate: Mon, 12 May 2014
Source: Washington Times (DC)
Copyright: 2014 Associated Press
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Nicholas K. Geranios, Associated Press
Page: A4

FEDERAL AUTHORITIES SEEK PRISON FOR RURAL WASHINGTON POT GROWERS

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 H. Holder Jr. last year that nonviolent, smalltime 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 upcoming 
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 slated 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 Mr. Harvey and his family 
did. In Colorado, the other state to legalize recreational marijuana, 
many pot shops even have armed security guards. Under federal law, 
that looks a lot like possessing a firearm in furtherance of a drug 
trafficking crime.

Mr. 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. The Greggs and Mr. Zucker live in the Seattle area, and lawyers 
in the case say Mr. Zucker is the only one with previous criminal 
history, a conviction for marijuana growing.

Douglas Phelps, a lawyer for Mr. 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.

"Most people wouldn't take the chance of being convicted at trial," he said.
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MAP posted-by: Jay Bergstrom