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About The skanner. (Portland, Or.) 1975-2014 | View Entire Issue (May 11, 2016)
Page 10 The Skanner May 11, 2016 News By Sudhin Thanawala, Associated Press SAN FRANCISCO— Rolland Gregg and his family have fought feder- al marijuana charges for more than three years, arguing that the rough- ly 70 marijuana plants investigators found on their Washington prop- erty were for their own medicinal use and fully complied with state law. A federal jury last year convicted Gregg, his mother and his then-wife of growing 50 to 100 mar- ijuana plants — amounts their attorney said are in compliance with state medical marijuana law. With prison sentences looming, they have now turned to a recent act of Congress that they say should have stopped the U.S. Department of Jus- tice from prosecuting them because they were doing what their state al- lowed. Marijuana is illegal under federal law, and the DOJ disagrees with Gregg’s understanding of the new law. “It’s been the hardest thing I’ve ever had to deal with in my life when you see the government com- ing down on you for sim- ply trying to be healthy,” Gregg said. A federal appeals court is expected to issue a rul- ing soon on the scope of the law that could pave the way to end or over- turn at least six feder- al marijuana criminal prosecutions and convic- tions in California and Obituary: Gladys Farve December 12, 1941 – May 4, 2016 Gladys Farve passed New Orleans, LA, her away peacefully on parents Amos Mott and Wednesday May 4th, Helen Hawkins, step Fa- 2016. She was born on ther, Robert Taylor and December 12, 1941 in Bo- four siblings. nita, Louisiana to Amos A viewing will be held and Helen Mott. from 4 p.m. to 7 p.m. on In addition to Antio- the evening of Wednes- ne, her loving husband, day, May 11th at Terry Gladys is survived by Family Funeral Home, her children, Gail Farve 2337 N. Williams Ave- of New Orleans, LA, An- nue, Portland, OR 97227 Gladys Farve tione J. Farve IV of Port- and a Mass of Christian land, OR, Desiree Farve burial will be held at of Gaithersburg, MD, Antionette 10:00 a.m. Friday, May 13, 2016, at Robinson of Portland, OR, Delaney St. Andrew, 806 NE Alberta Street, Farve, Vancouver, WA, five grand- Portland, OR 97211. The repast will children, five great grandchildren, follow at 11:30 a.m. in the church eight siblings and host of nieces, community center. nephews and cousins. In lieu of flowers, remembrances Gladys was preceded in death by may be made to the Alzheimer’s As- her two children, Andre Farve of sociation. Portland, OR and Denise Farve of Washington, including Gregg’s, and limit future prosecutions of medical marijuana users and dis- pensaries in eight West- ern states that allow them. “The 9th Circuit is the biggest circuit, one that contains lots of marijua- na states. If they were to say, ‘The federal govern- ment is prohibited from enforcing medical mari- juana law,’ that would be huge,” said Sam Kamin, a professor at the Univer- sity of Denver Sturm Col- lege of Law who studies marijuana regulation. At issue is a Congres- sional amendment that said the DOJ could not use funding Congress al- located to it for 2015 and 2016 to prevent states that have legalized med- ical marijuana from “ AP PHOTO/ELAINE THOMPSON Looming Marijuana Ruling Could Limit Federal Prosecutions In this photo taken Tuesday, May 3, 2016, Rolland Gregg poses with a John Lennon poster at his home in Kirkland, Wash. Lennon is a heroic figure for him.Gregg and his family have fought federal marijuana charges for more than three years, arguing that the plants investigators found on their Washington property were for their own medicinal use and fully complied with state law. charging state officials who implement them, yet permits U.S. attorneys to go after marijuana dis- pensaries and growers. The 9th Circuit is ex- uel Doyle, met Wash- ington’s requirements for collective cannabis grows for medical mari- juana patients, his attor- ney Douglas Hiatt said. The 9th Circuit is the biggest circuit, one that contains lots of marijuana states. If they were to say, ‘The federal government is prohibited from enforcing medical marijuana law,’ that would be huge implementing laws that permit its use, distribu- tion and possession. The amendment’s bi- partisan sponsors — Cal- ifornia Congressmen Sam Farr, D-Carmel, and Dana Rohrabacher, R-Costa Mesa,— say it prohibits the DOJ from prosecuting people who are complying with state medical marijuana laws. California and more than 20 other states have le- galized marijuana for medical use. The drug, however, remains illegal under federal law. The DOJ has interpret- ed the law more narrow- ly, saying it prevents prosecutors from try- ing to block state med- ical marijuana laws or pected to clarify the amendment in appeals by three sets of defen- dants who have cited it as grounds for judges to dismiss their marijuana charges. Steve McIntosh, a dis- pensary owner in Los Angeles, had permits from local officials that show him in compliance with state law, according to his attorney, Marc Zil- versmit. Under the Congres- sional amendment, the most the federal govern- ment can do is refer him to state authorities for prosecution, Zilversmit said. Another defendant, marijuana grower Sam- “He was growing medi- cal marijuana for people who needed it, whether they could afford it or not,” Hiatt said. The DOJ says McIn- tosh’s dispensary had ties to a street gang, and Doyle and his co-defen- dants did not meet the legal requirements for medical marijuana in Washington. Investigators found more than 550 plants growing on the Spokane property Doyle oversaw, and at least one of Doyle’s co-defendants indicated the marijuana was being sold, prosecutors said. The DOJ did not re- spond to a request for further comment.
