A man awaiting sentencing following a federal marijuana cultivation conviction is arguing on appeal that a Congressional action should have halted his prosecution long before he was convicted.
The U.S. Court of Appeals for the 9th Circuit is expected to rule on the case soon, and the outcome could have a significant impact on the future of federal marijuana prosecutions of medical marijuana dispensaries and users in the eight Western states that allow them. It also would overturn or stop half a dozen federal marijuana convictions/ prosecutions in both California and Washington.
Last year, a jury in a Washington state federal court convicted Rolland Gregg, his former wife and his mother for growing about 70 marijuana plants on their property in Washington. The family has insisted in the three years since their arrest that they were doing nothing wrong because that all the marijuana they grew was for the purpose of their own private medicinal use. They insist their actions 100 percent complied with state law. The problem, in the eyes of the government, is that marijuana cultivation is not legal under federal law. So according to prosecutors, it didn’t matter that the actions of Gregg and the others met state law standards. Continue reading