- About About
Medical Patient Resources Becoming a State-Authorized Patient Talking to your doctor The Medical Cannabis Patient’s Guide for U.S. Travel Patient's Guide to CBD Patient's Guide to Medical Cannabis Guide to Using Medical Cannabis Condition-based Booklets Growing Cannabis Cannabis Tincture, Salve, Butter and Oil Recipes Leaf411 Affordability Program Tracking Treatment & Gathering Data with Releaf App Medical Professional Resources CME for Medical Professionals Cannabis Safety Medical Cannabis Research
- Legal Legal
Advocacy ASA Chapters Start an ASA Chapter Take Action Campaigns No Patient Left Behind End Pain, Not Lives Vote Medical Marijuana Medical Cannabis Advocate's Training Center Resources for Tabling and Lobby Days Strategic Planning Civics 101 Strategic Messaging Citizen Lobbying Participating in Implementation Movement Building Organizing a Demonstration Organizing Turnout for Civic Meetings Public Speaking Media 101 Patient's History of Medical Cannabis
Policy Model Federal Legislation Download Ending The Federal Conflict Public Comments by ASA Industry Standards Guide to Regulating Industry Standards Recognizing Science using the Data Quality Act Fact Sheet on ASA's Data Quality Act Petition to HHS Data Quality Act Briefs ASA Data Quality Act petition to HHS Information on Lawyers and Named Patients in the Data Quality Act Lawsuit Reports 2020 State of the States Medical Cannabis in America Medical Cannabis Access for Pain Treatment
- Join Join
Ryan Parker, Los Angeles Times
A marijuana-growing family in Washington state was acquitted Tuesday on most of the federal charges against them, but convicted of one count that reportedly could put them behind bars for five years.
They face at least a five-year prison sentence under federal sentencing minimums, the Spokesman-Review reported.
The three will be sentenced June 10 but remain free until then, according to the news release. Another defendant in the group, dubbed the "Kettle Falls Five," took a plea deal. Charges were dismissed against a fifth defendant, who has cancer.
Americans for Safe Access works to ensure safe and legal access to cannabis for therapeutic uses, according to its website.
The case was an indication of whether the federal government would pursue a criminal case involving marijuana in a state where it is legal for medical and recreational purposes.
"The jury saw through the deceit of the federal government and rightly acquitted on almost all charges," Kris Hermes of Americans for Safe Access said in the statement. "This should signal to the Department of Justice that prosecutions such as the Kettle Falls Five are a waste of time and money and, if anything, should be left to state courts."
Throughout the trial, the defense was not allowed to argue that some of the defendants had medical marijuana cards. Nor could the defense raise how public opinion on marijuana has substantially changed, and how that change has led some states to legalize the drug, the Spokesman-Review reported.
The U.S. Drug Enforcement Administration raided the Harvey property and seized 68 marijuana plants in August 2012. In addition to the charge on which they were convicted, the family members were charged with conspiracy to manufacture and distribute marijuana, manufacture and distribution of marijuana, maintaining a drug-involved premises and possession of a firearm in furtherance of a drug-trafficking crime, according to the release.
The federal government agreed to dismiss charges against Larry Harvey, 71, a codefendant who was recently diagnosed with Stage 4 pancreatic cancer, according to the release. Codefendant and family friend Jason Zucker, 39, took a plea deal before the trial began in exchange for a felony conspiracy conviction and a recommended sentence of 16 months.
“It’s not a complete win,” said Firestack-Harvey’s attorney, Jeff Neisen, the Spokesman-Review reported. “But it’s the best we could have hoped for with a criminal conviction.”