In the first ruling of its kind, the California 3rd District Court of Appeal in Sacramento held Wednesday that medical marijuana patients and growers can sue police for illegally raiding their properties and destroying their plants. The ruling came in County of Butte v. Butte County Superior Court [16].
In that case, a Butte County sheriff's deputy went to the home of medical marijuana grower David Williams and demanded he destroy all but 12 of the 41 plants he was growing for a seven-person collective. Williams had complete documentation for his grow, but, threatened with arrest, he complied with the unlawful order. He then sued the county and won in Superior Court.
The county appealed, arguing that patients and providers could invoke the state's medical marijuana law only as a defense to criminal charges, not to sue for damages. But the appeals court sided with the lower court, holding that medical marijuana patients and providers have the same right as any other citizens to sue officials who violate the constitutional ban on illegal searches and seizures.
Williams was relying on "the same constitutional guarantee of due process available to all individuals," wrote Justice Vance Raye for the 2-1 majority. Medical marijuana patients and providers do not need to suffer "the expense and stress of criminal proceedings," to assert their rights, he wrote.
In a dissenting opinion, Justice Fred Morrison wrote that Congress should ease the federal ban on marijuana to accommodate the 13 states that allow medical use. But in the meantime, he argued, no one has the right to use marijuana, and police can legally confiscate it.
The county is likely to appeal to the state Supreme Court. But unless and until that happens, law enforcement in California should be on notice that any misbehavior regarding medical marijuana could turn out to be very expensive.