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. - --- MAP posted-by: Jay Bergstrom