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Backyard pot-growers will be happy to know that CBS reporter Howard Arenstein and his wife Orly Katz might never see the inside of a prison cell—they’re no longer facing charges.

The couple were busted for possession with intent to distribute marijuana. That was due in part to the 11 hulking pot plants sprawling in their backyard when cops raided their home in Georgetown in October. The police were tipped off by a neighbor who was obviously not an Arenstein fan.

But at a preliminary hearing today, charges against the reporter were dropped without prejudice, as prosecutors seemed unable to locate the one and only witness they were supposed to call this morning, likely the arresting officer. Judge Kimberly Knowles dismissed the case for “wont of prosecution,” but then warned the alleged drug dealers that charges might be filed again once the government located its witness.

A month ago, a source close to the case told City Desk that Arenstein and Katz would claim in court that the marijuana found in and on their property was for medical use. D.C.’s new medical marijuana laws, however, don’t allow citizens to grow their own stash.

Photo by Eric Caballero via Flickr/Creative Commons Attribution 2.0