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Medical pot users, growers can sue over raids

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Kadie Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Donate to DU! Thu Jul-02-09 12:16 PM
Original message
Medical pot users, growers can sue over raids
Medical pot users, growers can sue over raids
Bob Egelko, Chronicle Staff Writer

Thursday, July 2, 2009

Medical marijuana patients and growers can sue police for illegally raiding their property and destroying their plants, a state appeals court ruled Wednesday.

The 2-1 decision by the Third District Court of Appeal in Sacramento was the first in the state to allow a patient or grower to sue claiming that their rights to cultivate and use medical marijuana have been violated. Those rights are protected by state law but banned by federal law.

Officials in Butte County, where the case arose, argued that patients and suppliers can invoke the medical marijuana law only as a defense to criminal charges, not to sue for damages. The court's dissenting justice said no one is entitled to compensation for the destruction of a drug banned under federal law.

But the court's majority said a marijuana patient or member of a collective has the same right as anyone else to sue officers who violate the constitutional ban on illegal searches and seizures.

more...
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/0...




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   Replies to this thread
   K&R#5 Good.  pleah   Jul-02-09 12:28 PM   #1 
   Yay. Bit by bit, we are winning the War To Make Hemp (in all its forms) Legal.  kestrel91316   Jul-02-09 12:49 PM   #2 
   Good. Make those recalcitrant cops who don't want to obey the law pay.  Flaneur   Jul-02-09 01:12 PM   #3 
   Gee t;here really are pockets of sanity here and there. kr nt  ooglymoogly   Jul-02-09 05:23 PM   #4 
   They need a court to say that you can sue for an *illegal* search?  Canuckistanian   Jul-02-09 09:34 PM   #5 
   How about that! Sounds good to me. n/t  truedelphi   Jul-02-09 10:47 PM   #6 
 
pleah Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Jul-02-09 12:28 PM
Response to Original message
1. K&R#5 Good.
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kestrel91316 Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Jul-02-09 12:49 PM
Response to Original message
2. Yay. Bit by bit, we are winning the War To Make Hemp (in all its forms) Legal.
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Flaneur (916 posts) Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Jul-02-09 01:12 PM
Response to Original message
3. Good. Make those recalcitrant cops who don't want to obey the law pay.
And some of those dickhead county sheriffs, like the guy in Kern County, need to pay at the ballot box, too.

The law is the law. Cops don't get to ignore it just because they don't like it.
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ooglymoogly Donating Member (1000+ posts)  Journal Click to send private message to this author Click to add this author to your buddy list Click to add this author to your Ignore list Thu Jul-02-09 05:23 PM
Response to Original message
4. Gee t;here really are pockets of sanity here and there. kr ntUpdated at 9:44 PM
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Canuckistanian Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Jul-02-09 09:34 PM
Response to Original message
5. They need a court to say that you can sue for an *illegal* search?
That doesn't sound right.
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truedelphi Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu Jul-02-09 10:47 PM
Response to Original message
6. How about that! Sounds good to me. n/t
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DU AdBot (1000+ posts) Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Mon Nov 23rd 2009, 05:28 AM
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