Back in July 2007, the Lynn and Erin Compassionate Use Act took effect in New Mexico allowing the use of marijuana for medicinal purposes. But if you have to pass through a U.S. Border Patrol checkpoint while in possession of your medicine, you could be subjected to a dragging over the proverbial coals, regardless of whether or not you’re a licensed patient.
Just ask Raymundo Marrufo, a registered patient with New Mexico’s medical marijuana program. Raymundo’s forced to deal with the Border Patrol each time he reups his supply of medicine due to the fact that the dispensary that he has to travel to in order to legally obtain medical marijuana is located on the other side of a checkpoint.
Each time Raymundo is making the return trip home with his medicine supply, he is at risk of the U.S. Border Patrol shaking him down and locking him up for being in possession of what the federal government still considers to be illegal contraband.
So, what’s a guy to do about the fear of imprisonment for merely being in possession of something he’s licensed with his home state to possess and consume?
Well, you get yourself a lawyer and file an injunction against the U.S. Border Patrol in connection with how folks are questioned by the agency at checkpoints.
Raymundo hired attorney Jason Flores-Williams to do just that.
Flores-Williams said in an interview on Tuesday that his client “doesn’t know if his life, for all intents and purposes, is going to end that day.”
Raymundo’s filed complaint declares that a federal provision referred to as the Rohrabacher Amendment, contained in a 2015 appropriations act, makes it illegal for the U.S. Department of Justice to execute a system of rules that constrains New Mexico’s statutes which permit the “use, distribution, possession or cultivation of medical marijuana.”
“Whether it is a sense of entitlement, indifference or simply ignorance of the law, the court must immediately issue an injunction enjoining the United States Border Patrol from asking questions and conducting searches that violate that Rohrabacher Amendment,” the complaint states.
Good luck, Raymundo!