Federal Judge Hears Motion To Dismiss Charges Against 'Kettle Falls Five'

[Jacob Redmond]

The 'Kettle Falls Five' returned to federal court for a Thursday hearing on several motions, including a motion to dismiss the charges against them.

Drug enforcement agents confiscated 75 marijuana plants, $700 cash, and some firearms from the family's home near Kettle Falls in August 2012. Marijuana growth and distribution remains a federal crime.

The defense has argued that Washington state law allows each of the five family members to maintain 15 plants on their property because they were approved for medical marijuana consumption.

Furthermore, they say Congress passed a bill in December that would bar the Department Of Justice from prosecuting anyone who complies with state medical marijuana laws, which the defense maintains their clients did.

Instead, the defense argues state courts must be left to judge compliance with medical marijuana laws. However, the prosecution says this isn't an issue of state law.

They argued in court Thursday that state agents found sales records indicating nearly 200 pounds of marijuana processed by the family. Prosecutors say agents also found $40,000 in sales, which would make it an illegal distribution operation.

But the family maintains they have never sold marijuana. "The Department of Justice is pulling straws," defense attorney Phil Telfeyan said.

Telfeyan told KHQ the prosecution seeks to use "expert testimony" to support their claim that the 'Kettle Falls Five' distributed marijuana. The defense questioned that "expertise" in the hearing Thursday.

Judge Thomas Rice is expected to rule on the motions in the coming days. If he declines the defense's motion to dismiss the charges, the case will go to trial February 23rd.

Judge Rice also ruled Larry Harvey, the owner of the home where agents found the plants, won't have to stand trial if he shows proof of his failing health. Harvey is battling pancreatic cancer.

If convicted, each member of the group could face a minimum of 10 years in prison.

News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Federal judge hears motion to dismiss charges against 'Kettle Fa - Spokane, North Idaho News & Weather KHQ.com
Author: Gabe Cohen
Contact: gabe.cohen@khq.com
Photo Credit: The Associated Press
Website: KHQ Home - Spokane, North Idaho News & Weather KHQ.com

 

[gentlhart]

Prosecutors say agents also found $40,000 in sales.

What does that mean, they found receipts?

 

[Radogast]

They say they sold 200 lbs of plants. They say they made $40,000 in "sales"

So their case is the "Kettle Falls Five" sold marijuana at $200 a lb ?

Yeah. Right.

 

[Gfcollective]

The issue I have is a collective isn't allowed more then 3 license on any location (property) and a max of 45 plants. They also had guns on the location and washington medical marijuana laws say that's a no no.

So if they don't punish these guys, what's from stop ing my collective or any other saying hey they got away with 68 (no idea where 75 came from) why can't we?

Sales out of the picture, they had more then allowed.

15 per license
3 license in total
45 plants max (includes vegging)
No guns
No dea.

The sheriff cut the first 23 plants down (to state law of 45) they also did what's state law and reported the grow which had more plants which broke state law to the dea which lead to their down fall.

I&I

 

[Radogast]

The issue I have is a collective isn't allowed more then 3 license on any location (property) and a max of 45 plants. They also had guns on the location and washington medical marijuana laws say that's a no no.

So if they don't punish these guys, what's from stop ing my collective or any other saying hey they got away with 68 (no idea where 75 came from) why can't we?

Sales out of the picture, they had more then allowed.

15 per license
3 license in total
45 plants max (includes vegging)
No guns
No dea.

The sheriff cut the first 23 plants down (to state law of 45) they also did what's state law and reported the grow which had more plants which broke state law to the dea which lead to their down fall.

I&I

So the case is they comingled two collectives on one physical property?
And the guns make it a federal case. Sigh.

 

[Gfcollective]

Exactly. I even asked them on their Facebook page and they replied back with "what we did at the time we believed to be legal by state laws" however if they took 5 minutes to read that medical prescription they would have known you can't grow more then a max of 45 with a collective garden and would have also read that it is not a license to grow marijuana, but a doctor recommendation you can use to help fight a case in court stating it's for medical use. also the 5 member of this group (the one that's not a family member) has a felony in the past for marijuana. You only get those from growing or selling so there is more then they are saying and they are trying to use the medical industry to keep them out of prison. I know what I'm doing is still federally illegal and my medical license is just a excuse in state court. Federal court, they don't care. And Obama just resigned the drug war so it's not stopping anytime soon.

I&I

 

[Radogast]

With you until the almost last there.
I ask curious what part you think Obama plays here.

Eric Holder said everything he could in public.
He even complained that he couldn't fire disobedient prosecutors because of civil service rules.

 

[Gfcollective]

Obama has nothing to do with the kettle falls five, the state of Washington asked the federal government to take over. so the federal government did since it's illegal with them as well.

Obama resigning more money then ever into the drug war means the drug war is far from over. Which is what my statement was suppose to come off as.

I&I

 

[Radogast]

Thanks GF.

You represent the "best" side of collective gardening