[ladyknight]

May 2009:
How to Respond When Local Law Enforcement Refuses to Uphold CA Medical Marijuana Laws

Although the California Fourth Appellate District unanimously ruled that “it is not the job of local police to enforce the federal drug laws,” patients still occasionally experience harassment from local law enforcement, who claim their particular jurisdiction does not recognize medical marijuana. Don’t let this intimidate you! If you have a current recommendation from your doctor, and do not exceed your local guidelines, you are following CA state law, regardless of the particular city or county in which you reside.

After a negative law enforcement encounter, the most important things a patient can do are to file a complaint against the law enforcement agency involved and to file a Tort claim, if you are interested in pursuing a civil action. Filing a complaint with law enforcement is a relatively easy process, and most of the time you can fill out and submit the complaint online through the law enforcement agency’s website.

If any of your property was destroyed, or the officers used excessive force, you should consider filing a Tort claim for the monetary value of the property, as well as any emotional or physical damage. Visit our website to find several template Tort claims:

If the County Sheriffs were involved: Sample Tort Claim to County Clerk

If the City Police were involved: Sample Tort Claim to City Clerk

Stay in touch with ASA during this process, as we have many resources available to patients and advocates alike and can help address any questions or concerns you have.

[Hoolay13]

Great advice thanks!