Kettle Falls Five await ruling in battle between state and federal marijuana laws
Oct 2, 2015, 9:20 AM | Updated: 11:33 am
The so-called Kettle Falls Five are shown outside U.S. District Court in Spokane earlier this year. Pictured from left are Rhonda Firestack-Harvey, Jason Zucker, Rolland Gregg, Michelle Gregg, Larry Harvey (seated). (Courtesy photo)
(seated)
A verdict in the case for the Kettle Falls Five is expected anytime Friday, Oct. 2. Details of this story may be updated.
Today is the day Seattle alternative energy developer Rolland Gregg and his family have been awaiting ever since a DEA SWAT team raided his parents’ small farm outside Spokane, trashing the place and ultimately arresting the whole family.
“This happened in August of 2012, so this is almost three years that we’ve been dealing with this,” Gregg said. “To be honest, I’m nervous, but I’m excited because I want this to move to the next stage so we can actually tell our story — the truth, through the appeals process.”
At the time of their arrest, all four members of the family faced some medical condition. Stepdad Larry had pancreatic cancer. Mom Rhonda has a variety of painful conditions. Rolland and wife Michelle were recovering from various injuries.
All had medical marijuana prescriptions which are legal under state law, and decided to follow state law by growing their own marijuana to save money.
They planted what they thought was a legal crop on the family farm, and even put up a big green cross sign so law enforcement would know what they were up to.
Why not? After all, they were following the law.
“If you had five people, it was legal to have those 75 plants on one parcel,” Gregg said. “After they passed this little change in the law, it became 45 plants for the limit, but it wasn’t very specific on how that was to be policed and regulated.”
But one day local authorities raided the place. They took some plants saying they had exceeded recently changed state law, but that was it. Then a week later, the feds stormed in and trashed the house, seizing personal vehicles, cash, and even old hunting rifles.
“The whole time it’s kind of been like a twilight zone because of all these people were growing recreationally and medically and selling, and we just grew these plants for our own consumption. And the evidence throughout the case proves it,” Gregg said. “We have no idea. Why us?”
Why the Greggs were targeted is a mystery and the feds won’t explain.
KIRO Radio has reached out to US Attorney’s office in Eastern Washington for a comment, or any explanation why the Greggs were targeted. They have repeatedly refused to respond.
At trial, the judge refused to allow them to even mention medical marijuana, saying there is no such thing under federal law.
Supporters in the courtroom were even ordered to remove green ribbons and any other signs of support.
Still, the jury acquitted them on all counts from distribution to weapons violations — except for one modified charge of growing over 50 plants.
“The whole time the federal government was arguing that we were over the plant count, therefore, it gave them some right because we violated the state law,” Gregg said. “But the state didn’t press charges and they won’t press charges.”
The state has remained silent in the case. Gregg and his attorney are mystified and angered attorney general Bob Ferguson has not come to their defense and refused to even file a friends brief.
A spokesman for Ferguson told me it wasn’t appropriate for the office to get involved in the case.
“I’d say, Bob, you need to look at who you’re representing and what your job is. Your job is to uphold the state laws that are passed by the people, and not to pick and choose which ones,” Gregg said. “Because your office has taken an interest in certain cases…and becoming an interested party specifically with the passage of I-502.”
Gregg, his family and lawyer will get a chance to address the judge Friday morning before the judge hands down a sentence.
They could get as much as 20 years in prison and the judge could order them to be taken away on the spot. Or he could let them off for time served.
After their trial ended this year, the US Attorney went so far as asking the judge to jail them while awaiting sentencing — again with no justification or explanation.
Since then, Rolland’s step dad Larry died from his pancreatic cancer, leaving his mom devastated and terrified for her future — fending for herself with the help of friends and family.
“My mom is not old enough to get her social security that they were living off of, so I’m having to help out with the property and pay the mortgage and the bills and all the regular stuff that you have to do to keep up a 33 acre ranch,” Gregg said. “And if I go to jail, and she goes to jail, we lose the 33 acre property and everything that she’s worked for, and I’ve worked for is gone.”
Regardless of today’s outcome, the family vows an appeal to clear their names and their previously criminal free records. And you can expect an appeal that could become a landmark in the battle between state and federal laws over marijuana.
