Florida Medical Marijuana Patient Sues Sheriff for Protection

By NORML
Robert and Cathy Jordan
Robert and Cathy Jordan
 
BRADENTON, FL – Longtime Florida activist Cathy Jordan, a 63-year-old woman who consumes cannabis to mitigate symptoms of amyotrophic lateral sclerosis — also known as ALS or Lou Gehrig’s disease — a debilitating condition that she has lived with since 1986, filed a law suit Wednesday against Sheriff Brad Steube of Manatee County, FL.
Ms. Jordan alleges wrongful conduct on the part of the sheriff’s department when, on February 15, 2013, they raided her home and confiscated 23 medical cannabis plants, which were being cultivated for her by Cathy’s husband Robert Jordan.
The Jordans were both cooperative when the sheriff’s department arrived at their home, and they acknowledged they were growing medical marijuana for Cathy’s medical use.
The police raid of the Jordan’s home came just days after lawmakers introduced legislation, theCathy Jordan Medical Cannabis Act, which sought to authorize the physician-supervised use of cannabis for those diagnosed with serious debilitating conditions.
After the Manatee County State Attorney’s office reviewed the facts of the case, they issued a memorandum on April 2, 2013 declining to prosecute either Cathy or her husband.
The Manatee County State’s Attorney’s office found that they could not likely overcome a medical marijuana necessity defense, which would be raised by the defendant should a prosecution be initiated.
However, the sheriff’s department has refused to return any of the cannabis that they confiscated from Ms. Jordan during the February 15 raid.
With this lawsuit, the plaintiffs seek a declaratory judgment finding that they have a legal right to cultivate and possess medical marijuana under Florida law; an injunction barring the sheriff’s department from making further seizures of medical marijuana from Cathy and Robert Jordan; and an injunction barring the initiation of criminal charges against either of the plaintiffs for their continued cultivation and possession of medical marijuana.
 
Full Article:
http://www.thedailychronic.net/2013/17735/florida-medical-marijuana-patient-sues-sheriff-for-protection/