For those that thought the Feds would just let it be legalized----WA. Bust!

[Midnight Tokar]

I don't know how many people have been following this story or even know about it.
5 people in Washington state were busted for growing medicinal marijuana, all 5 had State licenses for medical weed. They thought that they could each grow 15 plants (state limits), they had 74 plants. The state came in and said the total limit for a collective is 45 plants and took those over the limit and left. A few days later the Feds came in and busted them and confiscated personal property along with the weed.
Now the Feds are saying they can't use the defense of medical marijuana because the Feds don't recognize any medicinal benefit (Class 1 drug!)

A federal judge won't allow a family of a medical marijuana patients from Washington state to defend themselves against drug trafficking charges by arguing their pot plants were for medical purposes.
U.S. District Judge Fred Van Sickle of the Eastern District of Washington on Tuesday rejected the planned medical marijuana defense of Larry Harvey, 70, his wife Rhonda Firestack-Harvey, 55, and three others facing trial next week, saying they could not argue that growing marijuana was for medical purposes and legal under Washington state law.
"The intent of the defendants is not relevant to the issues," Van Sickle said. "There's this concept of reliance on state law and the like. That's not relevant either."
Because the federal government considers marijuana illegal, federal courts generally don't allow evidence that the drug may have been used for medical purposes, even when medical marijuana is legal under a state's law, as it is in Washington. The Harveys, their son, Rolland Gregg, 33; Gregg's wife Michelle, 35; and family friend Jason Zucker, 38, sought to describe their doctor-recommended medical marijuana cultivation at their upcoming trial on federal drug charges.
"You can tell a portion of the truth, just a bit of the truth and only the truth they want you to tell," said Kari Boiter, the Washington state coordinator for the medical marijuana advocacy group Americans for Safe Access, who accompanied Larry Harvey at Tuesday's hearing. "Forget 'the truth, the whole truth, and nothing but the truth,'" Boiter added.
The group claims they were growing 74 medical marijuana plants for their personal use at the Harveys' rural home near Kettle Falls, Washington. Defense attorneys said the pot patch complied with state law.
Nevertheless, the federal government has charged each with six felonies, including manufacturing, possession and distribution of marijuana, as well as possessing a firearm in furtherance of drug trafficking.
The family kept numerous firearms at the home, in the wilderness of northeast Washington state, near the U.S.-Canadian border, for hunting and defense, their lawyers said. They have encountered black bears, cougars and coyotes at their front door on several occasions, according to the lawyers.
"It doesn't matter that we used the shotgun to hunt turkeys and the hunting rifle for deer," Rhonda Harvey said in a statement to the media last week.
Federal prosecutors say the presence of firearms shows the defendants were involved in drug trafficking.
Defense attorneys argue that the defendants were not "perceived to be violent in any way" and that the guns had nothing to do with the cultivation of medical cannabis.
The home was raided by state authorities on Aug. 9, 2012, according to court documents. State law enforcers found 74 plants growing near the home. Under the presumption that the family was growing this cannabis as a collective, rather than individually, officers seized 29 cannabis plants so that the family would be compliant with state law, which limits collective crops to no more than 45 plants. State authorities did not press charges or seize anything else.
A week later, federal authorities conducted a more comprehensive raid, seizing the Harveys' remaining marijuana plants, as well as about five pounds of raw cannabis and some marijuana-infused edibles from the freezer. The feds also seized a 2007 sedan, several hundred dollars, firearms and some personal belongings.
"This is not the kind of spectacular haul that the DEA is typically called in for," the family's attorneys wrote in a letter to Attorney General Eric Holder in February, urging him to reconsider the charges. "Just the opposite, the evidence seized is consistent with the type of strict medical dosage that occurs with a doctor's supervision."
Washington legalized medical marijuana in 1998 and recreational marijuana in 2012. Still, federal law classifies marijuana a Schedule I substance "with no currently accepted medical use."
Michael Ormsby, the U.S. attorney for the region, filed a court motion last week requesting "any evidence of medical purposes as well as the defendants' belief that they were lawfully engaged in marijuana cultivation" be inadmissible at trial. Ormsby argued that the family's purpose for growing marijuana is not the issue. Rather, he said, the "knowing or intentional manufacturing of marijuana" is what matters.
Defense attorneys argue that there is an "equal justice disparity" created by federal drug laws that contradict state laws.
"Here you have a single family facing a combined 60 years in mandatory minimum sentences for medical marijuana in the same state that plans to allow cannabis distribution on a scale unlike anyone has seen before," the defense attorneys wrote to Holder.
In August, Deputy Attorney General James Cole issued guidelines for all U.S. attorneys, saying it's "not an efficient use of federal resources to focus [medical marijuana] enforcement efforts on seriously ill individuals." Cole's memo also outlined what the federal government still regards as prosecution priorities, including "preventing violence and the use of firearms in the cultivation and distribution of marijuana."
Larry Harvey, a recently retired commercial truck driver of 30 years, ate marijuana-infused cookies to ease symptoms related to gout, chronic pain and inflammation, according to his attorneys. Rhonda Harvey suffers from osteoarthritis and has undergone joint and bone surgeries. Medical cannabis eased her inflammation and pain, the lawyers said. Rolland Gregg and Zucker used medical marijuana to treat back injuries. Michelle Gregg used cannabis for appetite stimulation due to wasting brought on by a medical condition she hasn't disclosed.
In March, Holder announced support for sentencing reform that would reduce prison time for some nonviolent drug crimes. Last week, a White House official told Yahoo News that President Barack Obama may grant clemency to "hundreds and perhaps thousands" of people who have been jailed for nonviolent offenses.
Harvey family lawyers argue that the defendants were "clearly abiding by the rest of the priorities laid out in the latest Cole memo" and the U.S. attorney should therefore drop the charges.
Last week, during pretrial hearings, the five defendants rejected plea deals offered by the prosecution that would have reduced their maximum prison sentences to three years. Without the deals, they each face maximum penalties that range up to 40 years to life in federal prison.
Matt Ferner, [email protected]

This is complete bullshit! How did the Feds happen to show up right after the State put them in compliance? In a previous story, the Feds saw pictures on their computer from a previous grow and said there were over 100 plant being grown which puts them under a special clause that allows them to be sentenced 40 years to life, each!
How did they count plants in a picture? The gun charge is another bullshit issue.

It seems to me that if a state is going to allow medical/recreational marijuana then it has to stop working with and helping the Feds in any way shape or form and start to support its citizens! Otherwise this legalization is all just a ruse!

 

[theJointedOne]

I was thinking of making a move to WA but they just seem way out of touch with reality, and now this?

I mean wtf you can buy it at a store, smoke it, but cant grow it..

babylon system is the vampire

 

[hush]

The feds also seized a 2007 sedan, several hundred dollars, firearms and some personal belongings.

It sounds to me like they are drug dealers and the feds found out about them. I'm not taking sides, and I hate seeing arrests of any kind involving this plant, but come on... they had several hundred thousand dollars in cash laying around the house.

 

[Midnight Tokar]

It sounds to me like they are drug dealers and the feds found out about them. I'm not taking sides, and I hate seeing arrests of any kind involving this plant, but come on... they had several hundred thousand dollars in cash laying around the house.

I can't really tell if you're being sarcastic or not.............but the article said "several hundred dollars" not several hundred thousand dollars.
Several hundred dollars hardly makes anyone a dealer, especially being as these people as described in various stories rely mainly on subsistence living with hunting and veggie growing so caching a few bucks wouldn't be unusual.

 

[hush]

Oh shit, my bad. Nope, not trying to be sarcastic or funny. I just misread it. So I take back my comment. I'm just a dumbass, that's all.

 

[Gry]

This is just the sort of issue I find really frightening. Pretty obvious that these people are not the big players that the feds would be expected to be go after. So what is the deal and what is to keep them from doing the same to anyone. Tired of even having to worry this crap in life. Real sad stuff.

 

[Protea]

When the fuck will the Americans have had enough of their government fucking them over and up is my humble question,

 

[Midnight Tokar]

If the state really cared about state rights and it's laws and citizens this is what they would do:
The State Attorney General should be the one representing them and should use all of their resources to do so! After all it wouldn't be the first time a state has used their resources to go after the Feds in support of their own state laws. Otherwise what is the point in a state having ANY laws of its own?

 

[growshopfrank]

looks like the feds are going to use this as a test case or using these poor souls as a example
kinda like a cautionary tail that even if you are under 100 plant count and complying with state law big brother can still come in and steal all your possessions

 

[Stoner4Life]

fucking feds are whores.......

 

[Arthritis_sucks]

It sounds to me like they are drug dealers and the feds found out about them. I'm not taking sides, and I hate seeing arrests of any kind involving this plant, but come on... they had several hundred thousand dollars in cash laying around the house.

Even if they had that much money its no reason to call them drug dealers. They grew herb my canna brother, a sacrament to the mind, body, an soul. Not so bad to profit from this......is it?

This is the FEDS just trying to scare people outta doin the do. But the 40 to life additions.....seriously! Declassify an make gun ownership a non issue with medical an rec users who own. Nothing will change until we take their safety blanket(sched.1) away. A reschedule will not suffice, because then we can loose all growing rights and big pharma wins. Total removal from the classification list is the only way. Treat it as a homeopathic, an tax like wine. I have yet to see a bill that has all this. Sad.

 

[hush]

you need to take a step back an look at yourself my friend. There is so many things wrong with your statement that I don't know where to start. Even if they had that much money its no reason to call them drug dealers. They grew herb my canna brother, a sacrament to the mind, body, an soul. Not so bad to profit from this......is it?

You are going into territory I honestly don't care to weigh in on. I am not judging people or saying they should do this or shouldn't do that. I was only saying that if in fact they had hundreds of thousands of dollars on hand (which they didn't, I was wrong, and I already owned up to that), that is more than likely what brought the feds to them... because the feds want everyone's money. That's all. I'm not taking an ethical stance on any of that.

But the fact that they actually only had hundreds of dollars on hand, not hundreds of thousands, means there is no reason to believe that the feds were after them for money, so therefore, ONCE AGAIN, i was wrong.

Sorry everyone.

But, for the record, *if* someone does in fact get busted by the feds and it turns out that they had hundreds of thousands of dollars on hand, you can believe this: the feds weren't coming after them because they grow pot. The feds were coming after them because they were tax evaders.

But in this particular case, I have retracted my statement from before. I do not believe someone with a couple hundred dollars in their piggy bank is a drug dealer.

 

[MIway]

looks like the feds are going to use this as a test case or using these poor souls as a example
kinda like a cautionary tail that even if you are under 100 plant count and complying with state law big brother can still come in and steal all your possessions

no test case... happens in each & every med state... go fed court, judges exclude any mention of medical registry... w the goal of eliminating a defense and/or jury nullification.

 

[D. B. Doober]

This is horrible

 

[redlaser]

Definitely no coincidence the feds followed with a raid. The state knew this would be messy and sent in the fed to finish them off. ( to limit their resources to respond) The pork army takes cannabis legalization personally because it cuts into their bottom line, so they will continue to act like it never happened. Leonhart openly criticizes the president's stance on cannabis, what the hell is going to take to make her go away?

 

[BushyOldGrower]

We knew the fight wasn't over but it will become politically incorrect to demonize stoners and growers one day soon.

It's like the hearings after the Viet Nam war when Kerry said something like, how do you ask the last man to die in a war?

Anti pot forces haven't changed their minds about how evil we are. They call us scumbags who never get off the couch. Stereotypes for our kind abound.

Most of our critics are drunken sots actually and this drug war has gone on for thousands of years. It is a culture war and the Jews didn't like those herb using pagan Caananites either.

But don't hate our enemies. Love thy enemies.

Pray for that family...so sad, so evil to harm a hard working family in such an unjust manner.

Eventually change comes but not without a lot of senseless fighting and suffering.

 

[Jhhnn]

It's been clear all along that WA authorities are not pleased with med growers or legal cannabis. The DEA is no different.

It's also clear that US Attorneys have a great deal of independence & latitude, at least in the past. I see this as the US Attorney testing the resolve of Holder & Obama wrt legal cannabis, probably with a known anti-MJ judge, as well.

The fact that WA authorities found the family in violation of state law is what opened the door for the DEA, who are stuck operating within the new federal guidelines. They're seeing how far they can push it.

Which is why I tell my fellow Coloradans to stay 100% Colorado legal. I don't know much about the MMJ/caregiver side of it at all, but I understand the personal growing provisions of A64 & the DoJ guidelines, advise everybody to abide by them scrupulously.

It also helps that the current US Attorney for Colorado isn't a total asshole Crusader, either.

 

[stoned-trout]

when the feds show up your screwed......seen it a few times.....homey don't play that....peace

 

[#1cheesebuds]

If the state really cared about state rights and it's laws and citizens this is what they would do:
The State Attorney General should be the one representing them and should use all of their resources to do so! After all it wouldn't be the first time a state has used their resources to go after the Feds in support of their own state laws. Otherwise what is the point in a state having ANY laws of its own?

well said man...

When the fuck will the Americans have had enough of their government fucking them over and up is my humble question,

that's what I been thinking for the past 14 years.

fucking feds are whores.......

U got that right.

 

[bombadil.360]

We knew the fight wasn't over but it will become politically incorrect to demonize stoners and growers one day soon.

It's like the hearings after the Viet Nam war when Kerry said something like, how do you ask the last man to die in a war?

Anti pot forces haven't changed their minds about how evil we are. They call us scumbags who never get off the couch. Stereotypes for our kind abound.

Most of our critics are drunken sots actually and this drug war has gone on for thousands of years. It is a culture war and the Jews didn't like those herb using pagan Caananites either.

But don't hate our enemies. Love thy enemies.

Pray for that family...so sad, so evil to harm a hard working family in such an unjust manner.

Eventually change comes but not without a lot of senseless fighting and suffering.

Oh no, you too Bog?

I invite you to read:

https://www.icmag.com/ic/showthread.php?t=284550