Pubdate: Thu, 17 Jan 2008
Source: Carlsbad Current-Argus (NM)
Copyright: 2008 Carlsbad Current-Argus
Contact:  http://www.currentargus.com/
Details: http://www.mapinc.org/media/2549
Author: Tom Moody
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

ACLU FILES SUIT OVER RAID

CARLSBAD -- A paraplegic Malaga man who holds a medical  marijuana
permit from the state of New Mexico filed a  lawsuit Thursday against
Eddy County and several county  law officers for their part in a drug
raid that seized  his marijuana plants and growing equipment,
attorneys  announced.

Also named as defendants in the suit are David  Edmondson, commander
of the Pecos Valley Drug Task  Force, and four unidentified Eddy
County Sheriff's  deputies. The suit was filed in state district court
in  Carlsbad.

Leonard French, 44, was using his marijuana to control  pain and
muscle spasms that resulted from a spinal cord  injury he received in
a 1987 motorcycle accident, he  said in an earlier interview.

French had received a license to cultivate and use  small quantities
of marijuana for medicinal purpose  under the Lynn and Erin
Compassionate Use Act, the  complaint stated.

The American Civil Liberties Union of New Mexico, which  is
representing French, said the deputies violated  several laws
including a constitutional prohibition  on unreasonable searches and
seizures.

In addition to asking the court to bar the state from  interfering
with his right to use marijuana under the  medical marijuana law,
French also seeks compensatory  damages and attorney fees.

Eddy County Sheriff Kent Waller said Thursday that he  had not seen
the lawsuit yet.

"To my knowledge we have not actually received anything  yet," he
said. "We had received a notice that they were  reserving the right to
sue."

On Sept. 4, Eddy County deputies working with the Pecos  Valley Drug
Task Force arrived at French's house in  Malaga.

"They said they were here about the marijuana," French  said. "I
thought they were here to make sure I was in  compliance with the new
law."

French showed the deputies his state license to grow  marijuana and
then showed them his equipment and his  plants, he said.

The deputies took the equipment and the plants, turning  them over to
the federal Drug Enforcement  Administration. French has not been
charged with any  violations of federal drug laws, attorneys stated.

"With the Compassionate Use Act, New Mexico embarked on  an innovative
project to help people who suffer from  painful conditions like Mr.
French's," Peter Simonson,  ACLU executive director, stated in a news
release. "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."

- --------------

The ACLU complaint is available online 
at  http://aclu-nm.org/PDF/French-1-17-08.pdf.
- ---
MAP posted-by: Steve Heath