Pubdate: Mon, 09 May 2016
Source: Orange County Register, The (CA)
Copyright: 2016 The Associated Press
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Author: Sudhin Thanawala, The Associated Press

IMMINENT MARIJUANA RULING MAY LIMIT FEDERAL PROSECUTIONS

SAN FRANCISCO (AP) - Rolland Gregg and his family have fought federal 
marijuana charges for more than three years, arguing that the roughly 
70 marijuana plants investigators found on their Washington property 
were for their own medicinal use and fully complied with state law.

A federal jury last year convicted Gregg, his mother and his 
then-wife of growing 50 to 100 marijuana plants  amounts their 
attorney said are in compliance with state medical marijuana law.

With prison sentences looming, they now have turned to a recent act 
of Congress that they say should have stopped the U.S. Department of 
Justice from prosecuting them because they were doing what their 
state allowed. Marijuana is illegal under federal law, and the DOJ 
disagrees with Gregg's understanding of the new law.

"It's been the hardest thing I've ever had to deal with in my life 
when you see the government coming down on you for simply trying to 
be healthy," Gregg said.

A federal appeals court is expected to issue a ruling soon on the 
scope of the law that could pave the way to end or overturn at least 
six federal marijuana criminal prosecutions and convictions in 
California and Washington, including Gregg's, and limit future 
prosecutions of medical marijuana users and dispensaries in eight 
Western states that allow them.

"The 9th Circuit is the biggest circuit, one that contains lots of 
marijuana states. If they were to say, 'The federal government is 
prohibited from enforcing medical marijuana law,' that would be 
huge," said Sam Kamin, a professor at the University of Denver Sturm 
College of Law who studies marijuana regulation.

The DOJ has interpreted the law narrowly, saying it prevents 
prosecutors from trying to block state medical marijuana laws or 
charging state officials who implement them, yet permits U.S. 
attorneys to go after marijuana dispensaries and growers.
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