Medical Marijuana: New Mexico Paraplegic Sues Over Seizure of Plants, Grow Equipment
One of New Mexico's first registered medical marijuana patients is suing Eddy County Sheriff's deputies for seizing his marijuana plants and grow equipment and turning them over to the DEA. Leonard French of Malaga received a license to grow and use marijuana for pain resulting from a spinal cord injury, but that didn't stop the Pecos Valley Drug Task Force, headed by Dave Edmundson of the Eddy County Sheriff's Department, from seizing his plants and equipment shortly after he began growing last summer.
California medical marijuana bags (courtesy Daniel Argo via Wikimedia)
"The New Mexico state legislature, in its wisdom, passed the Compassionate Use Act after carefully considering the benefits the drug provides for people who suffer from uncontrollable pain, and weighing those benefits against the way federal law considers cannabis," said Peter Simonson, ACLU executive director, in a press release announcing the lawsuit. "With their actions against Mr. French, Eddy County officials thwarted that humane, sensible law, probably for no other reason than that they believed federal law empowered them to do so."
When at least four Eddy County deputies acting as members of the Pecos Valley Drug Task Force showed up at French's home last September 4, he thought they were checking his compliance with the medical marijuana law, so he presented them with his license, and showed them his grow, which consisted of two small plants and three dead sprouts. They then turned the plants and the grow equipment over to the DEA, which does not recognize medical marijuana or the state laws that permit its use. French has not been charged with any offense under either state or federal law.
"With the Compassionate Use Act, New Mexico embarked on an innovative project to help people who suffer from painful conditions like Mr. French's," said Simonson. "The law cannot succeed if the threat of arrest by county and local law enforcement hangs over participants in the program. With this lawsuit, we hope to clear the way for the State to implement a sensible, conservative program to apply a drug that traditionally has been considered illicit for constructive purposes."
And maybe teach some recalcitrant cops a lesson about obeying the law.
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redditAre state officers obligated to enforce federal law?
Comment posted by Anonymous on Fri, 01/25/2008 - 11:41amObviously, the ACLU has decided to test the Tenth Amendment with the question of whether state law enforcement officers are bound to enforce federal law. There's no doubt in my mind that the state law enforcement officers in this case think they do have the right and the obligation to enforce federal law. That's why its critical to point out that federal law, 21 U.S.C. 903, does give the state the ultimate authority to define accepted medical use according to the U.S. Supreme Court decision in Gonzales v. Oregon, 546 U.S. 243 (2006). The state law enforcement officers in this case were violating federal law. Without making this critical argument, there's a good chance this case will not be decided correctly.
Sue the state for failing to protect patients
Comment posted by Anonymous on Fri, 01/25/2008 - 11:34amIf it were me, I'd be suing the state of New Mexico for leaving marijuana in schedule 1 of the state version of the Uniform Controlled Substances Act. I would be arguing that the state medical marijuana law is newer and supersedes the older scheduling. According to 21 U.S.C. 903 and the U.S. Supreme Court ruling in Gonzales v. Oregon, 546 U.S. 243 (2006), Congress reserved the power to the states to determine accepted medical use. And, according to U.S. v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001), the federal government must reschedule marijuana if it has any accepted medical use in the United States. It might be wrong to rely on Gonzales v. Oregon prior to being arrested, but for people who have already been arrested or injured by forfeiture of property, it's insane not to bring this up. Come on people - this is important to the patients. Do it now.
Iowans for Medical Marijuana
Comment posted by Anonymous on Fri, 01/25/2008 - 11:49amI've posted quotes from Oregon v. Gonzales, 546 U.S. 243 (2006), at: http://www.iowamedicalmarijuana.org/States/
I've also posted my letter to New Mexico Governor Bill Richardson, at: http://www.iowamedicalmarijuana.org/pdfs/imm_press_release_20071208.pdf
Carl E. Olsen
Iowans for Medical Marijuana
http://www.iowamedicalmarijuana.org/
Eddy County Neighbor
Comment posted by Anonymous on Sat, 09/13/2008 - 9:45amI am an approved patient in the NM program. I live within 20 miles of Mr. French. In the southern part of NM the attitudes are quite different than in our urban centers. Old fears and prejudices against marijuana use are an intrinsic part of this very conservative culture. However the concept of the individual over bureaucracy runs strong here in the southern part of NM and I hope this spills over to local law enforcement. In actuality, the Eddy County Drug Task Force should be outraged at being used as pawns by the DEA. I hope Leonard is OK and not the target of further attacks. Mr. French, you are to be commended for your heroism and dedication. You are truly an icon for the patients in NM.
Law Enforcement Employer
Comment posted by Anonymous on Fri, 01/25/2008 - 11:14amIsn't it the duty of law enforcement to enforce the laws of the the STATE if they are employed by the state for STATE regulation? I was not aware that STATE law enforcement was authorized to perform FEDERAL law enforcement. Would they (STATE Law Enforcement) not also be in some kind of violation of their oath to the state, to uphold STATE law?
Just Curious.