Calif. court backs illegal raid lawsuits

Published: July 2, 2009 at 5:25 PM

SACRAMENTO, July 2 (UPI) -- A state appeals court in California says medical marijuana growers and patients should be allowed to sue police over illegal raids of their properties.

The San Francisco Chronicle said Thursday the ruling by the Third District Court of Appeal in Sacramento gives medical marijuana patients and growers the legal right to file lawsuits alleging their state rights have been violated.

California state law currently protects medical marijuana growers and patients, but federal law does not.

The appeals court case stemmed from Butte County, Calif., where officials denied medical marijuana patients and suppliers the right to sue over illegal police raids.

Plaintiff David Williams alleges he was unfairly forced to destroy 29 of his 41 medical marijuana plants by a sheriff's deputy despite having shown the officer the doctors' recommendations of his seven clients.

The Chronicle said a Superior Court judge ruled not to dismiss Williams' lawsuit, sending the case to the appeals court and a final 2-1 verdict in favor of the medical marijuana supplier.

© 2009 United Press International, Inc. All Rights Reserved.
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