Medical Marijuana Patients in Washington State Must Stand Trial, Judge Rules

Five people involved in a medical marijuana case in Washington state, where recreational use of the drug is legal, must stand trial, a judge has ruled. U.S. District Judge Thomas O. Rice said a measure approved by Congress to end federal prosecutions of medical marijuana patients does not apply in this case.

Four family members and a friend say they grew marijuana for medicinal purposes, according to U.S. News & World Report. If they are convicted on all charges, they each face a mandatory minimum sentence of 10 years in prison.

The five defendants were arrested after a raid in August 2012, several months before Washington voters approved a measure to legalize recreational marijuana. Medical marijuana has been legal in the state since 1998. All of the defendants had qualifying conditions to use and grow marijuana. Federal prosecutors say the amount of marijuana they were growing exceeded the amount they needed, and accused them of drug trafficking.

One of the defendants, Larry Harvey, 71, consumes marijuana cookies to ease his gout pain. The other defendants are his wife, their son, daughter-in-law and a family friend.

In December, President Obama signed a federal spending measure that included a provision to end the federal government’s prohibition on medical marijuana in states where it is legal. The provision prohibits federal drug agents from raiding retail marijuana operations.

Defense attorneys last week tried to convince Judge Rice that he should dismiss the charges against the five defendants in light of the new federal measure. Rice declined to do so.

Marijuana continues to be illegal under federal law. The Drug Enforcement Administration classifies it as a Schedule I drug, which is defined as a drug with no currently accepted medical use and a high potential for abuse.