Washington State Trailblazing Progressive Cannabis Legislation
[dropcap class=”kp-dropcap”]R[/dropcap]olland Gregg has been on a long, strange legislative trip. Part of the drug enforcement mess that was the Kettle Falls Five case, Gregg’s life has been forever changed because of failed, outdated drug laws. His saga has lasted for more than three years, with the stakes now higher than ever.
After breaking his back snowboarding, Gregg found pain relief in cannabis. His wife, mother and father all had legitimate medical needs for cannabis as well. So like many before them, they, along with a friend, found growing their own cannabis to be the most economic choice for their medicine. Being legal in Washington, the Gregg’s figured as long as they stayed in their limits, it wouldn’t be an issue. They were wrong.
Despite being compliant with Washington State law, Gregg’s family farm was raided by the Feds, and he and his entire family were arrested. The charges against his father, Larry Harvey were eventually dropped. Unfortunately soon after, Harvey passed away from cancer. Last year, a federal jury found Gregg, his wife and his mother guilty.
“It’s been the hardest thing I’ve ever had to deal with in my life when you see the government coming down on you for simply trying to be healthy,” Gregg told the Associated Press.
Prison is on the horizon, but Gregg and his attorney have pulled out one last trick. A recent congressional amendment that ruled it was illegal for the Department of Justice (DOJ) to use funds distributed by congress for 2015 to 2016, to prosecute medical growers who were following state law. Gregg and his attorney think this includes him, his mother and his wife. And they’ve taken their fight all the way to the United States’ Ninth Circuit Court of Appeals. The Ninth Circuit includes Alaska, Washington, Oregon and California, all of which have legalized either recreational cannabis, medical cannabis or both.
University of Denver Law professor and cannabis regulation expert Sam Kamin spoke to the Associated Press about the case.
“The Ninth 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.”
This ruling will have huge implications for states with legalized cannabis. If the law can be
upheld as intended, the DOJ can no longer prosecute cannabis producers or sellers if they are compliant with their state laws. This kind of progress, though seemingly incremental, can in fact be monumental. The decision will be made soon. Thanks to Gregg’s diligence, and Washington State’s progressive stance on cannabis, his battle may soon come to an end. If justice is upheld, Gregg and his family’s struggle will have a special significance.
