Federal Judge to Hear Motion to Dismiss Thursday in Widely Watched Medical Marijuana Case

Defendant Larry Harvey will argue that new Congressional measure forbids the DOJ from prosecuting his family

SPOKANE, WA — A motion to dismiss will be heard in federal court Thursday 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.

“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…