Defendant Larry Harvey will argue that new Congressional measure forbids the DOJ from prosecuting his family
A motion to dismiss will be heard in federal court Thursday, February 12, in a widely watched medical marijuana case involving a family from rural northeastern Washington State. Larry Harvey, 71, and other family members of the so-called "Kettle Falls Five" have moved for dismissal of their case, arguing that a recently enacted Congressional measure forbids the Department of Justice (DOJ) from prosecuting them.
What: Hearing on a motion to dismiss in the widely watched federal medical marijuana case of the Kettle Falls Five
When: Thursday, February 12 at 10 am
Where: Courtroom 902 of the Spokane Federal Courthouse, 920 West Riverside Ave, Spokane, WA 99201
"Prosecuting persons who may be operating in compliance with state medical marijuana laws prevents states from implementing their own laws," reads one of the motions to dismiss written by Harvey's attorney Robert Fischer. Harvey's motion argues that state law is undermined by discouraging lawful patients from accessing medical marijuana because of the threat of federal prosecution.
Harvey also argues that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."