Larry Harvey, a Washington medical marijuana user with stage four pancreatic cancer has had federal drug charges against him dropped, according to the Huffington Post. We reported on the story last week when Harvey and his family were facing years in prison for growing weed on their home.

On Wednesday, Thomas O. Rice, a judge for the U.S. district court dismissed the multiple charges against Harvey because of his deteriorating health. The 71 year-old’s cancer has spread from his pancreas into his liver.

This victory was bittersweet for Harvey as his family still face charges and possibly decades in prison. Harvey has stated in a recent interview that he was thankful for the charges being dropped, so he can focus on living the rest of his life. He also believes that if they had any concerns for his wellbeing, that they would dismiss the charges against his family as well.

If Harvey had been convicted he would have had to serve 10 years in prison, which he might not have lived long enough to see. The average life expectancy for someone who has metastatic pancreatic cancer is 3-6 months. Harvey told the Huffington Post that this would have been nothing short of a death sentence.

Although Harvey has a difficult road ahead battling his cancer, he is worried about his family, as they are his carers. Harvey and his family all grew up on a rural property in Washington and the pot patch they had was in full compliance with state law. Washington State had actually legalised medical marijuana in 1998 however it was not until 2012 when federal law officers raided Harvey’s home, confiscating his marijuana and potentially serving him with a death sentence.