Defendant Moves for Dismissal in Widely Watched Federal Medical Marijuana Case

Defendant Moves for Dismissal in Widely Watched Federal Medical Marijuana Case

SPOKANE, WA — A motion to dismiss has been filed in a widely watched federal medical marijuana case involving a family from rural northeastern Washington State.

Larry Harvey, 71, of the Kettle Falls Five has moved for dismissal of his case or an order preventing further prosecution. The motion relies on a recently enacted Congressional measure that bans funding for medical marijuana enforcement by the Department of Justice (DOJ).

“Prosecuting persons who may be operating in compliance with state medical marijuana laws prevents states from implementing their own laws,” reads the brief 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…

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