Medical Marijuana

Big DEA Raid, Medical Cannabis Cultivators Fight Back in Court, Source: http://media.nbcsandiego.com/images/1200*675/Pot-Couple-Ramona-Deborah-L.jpgTwo years ago, in October of 2012, DEA agents and local officers in Ramona, California kicked in the door of the Little’s home and arrested both Mr. and Mrs. Little. Their alleged crime – growing illegal amounts of cannabis. Now they are fighting back in a lawsuit against the officers who raided their home.

In the unincorporated town of Ramona, low flying law enforcement helicopters can be seen seven days a week flying around in search of cannabis fields of all things. In September of 2012, a helicopter flew over the Little’s property and authorities on board reported spotting over 99 plants growing on a 15′ x 60′ plot of land. The next month the house was seized in a militarized raid and officers reported seizing hundreds of pounds of illegally grown cannabis.

Who are these dangerous drug dealers cultivating illicit amounts of pot? Dennis Little is an aged 66 year old man with debilitating neuropathy which he treats with cannabis, as a registered medical cannabis card holder. Dennis planted the cannabis garden in 2011 not for his own ailments so much as for his wife. 61 year old Deborah Little has taken AIDS medication for over 20 years and is currently fighting cancer. A legal card holder as well, Mrs. Little says she uses the majority of the gardens plants to make conveniently dosed cannabis edibles to help her and her husband ease their pains and ailments.

Big DEA Raid, Medical Cannabis Cultivators Fight Back in Court, Source: http://www.utsandiego.com/news/2013/mar/23/ramona-couple-medical-marijuana-prosecution/2/?#article-copyDeborah Little reports that since their plants was seized and they have been unable to grow or use cannabis, she has lost 22 pounds, and her husband experiences frequent pain. “These people don’t have any compassion at all in my opinion,” says Dennis. “They threatened to take everything we own when they were here.” Lace Rogers, the Little’s attorney says, “These are elderly, sick people who are being treated like criminals. They say they only target profiteers or business people. If that is truly the case, I don’t understand why they are being charged.”

So how does the claim from the helicopter officers who reported 99 plus plants stack up? Prosecutors claimed that they confiscated a whopping 640 pounds of marijuana from the raid on the Littles. The warrant indicates that 29 plants were confiscated along with 22 “branches,” that were drying on the ground. Either the officers initial estimates that led to the raid were way off, or the Littles grow some extremely robust cannabis plants. According to Charlotte Kernoven, another lawyer working with the couple, it’s not possible to get that much cannabis from just 29 plants. She explained that officers are including the weight of the soil, stalks and roots to inflate the reported amount seized.

Despite the fact that the officers made a clear blunder when they raided the Little’s home, unsympathetic San Diego County District Attorney Bonnie Dumanis decided to press felony charges in 2013 for cannabis cultivation and distribution. With the help of the San Diego Chapter of Americans for Safe Access, the Little’s defended themselves in court and were acquitted of all charges in a huge victory on March 17th of this year.

Now the Little’s are going on the offensive in a lawsuit against the officers who raided their home. In the lawsuit filed in U.S. District Court, the Little’s argue that their rights as lawful medical cannabis patients were violated by the officers. They also allege unreasonable search, excessive force, and use of police tactics which violated their right to due process.

The couple names San Diego Police Chief Shelly Zimmerman and San Diego County Sheriff William Gore as well as members of the San Diego County Integrated Narcotics Task Force. “Upon information and belief, the NTF officers’ conduct was motivated by evil motive and intent, including discrimination against all users of marijuana, regardless of legal status and California law,” the suit reads. The exact amount of compensation the Little’s seek to be warded remains to be determined in court.