Marijuana cardholder challenges registration requirement
A medical marijuana cardholder has filed a lawsuit alleging Nevada‘s patient registration system is unconstitutional.
James Parsons‘ complaint says federal agents raided his house in 2010 after getting his name from a state patient database. He says provisions in the state‘s medical marijuana laws and the actions of state officials violate his Second and Fifth amendment rights and constitutional right to privacy.
Parsons, whose lawsuit identifies him as a Clark County resident and former Marine, filed the case without an attorney Tuesday in Las Vegas Justice Court. He declined to answer questions Wednesday, saying he planned to have a press conference later.
It‘s not clear whether the Justice Court, which normally hears only minor civil cases, even has jurisdiction.
Parsons‘ lawsuit says requiring patients to register violates their Fifth Amendment right against self-incrimination. Because marijuana remains illegal under federal law, the complaint says, making people register before using the drug forces them to incriminate themselves in the eyes of federal authorities.
Parsons said he has been a cardholder since 2008 because of a "private medical condition." The complaint says unspecified federal agents "accessed the patient registration database" in 2010 and used Parsons‘ listing there to get a search warrant for his home. The complaint does not say how he knows authorities got his name from the database or why they might have chosen him to target out of thousands of cardholders in Nevada.
The agents seized computers and cash, some of which Parsons never got back despite the fact no charges were filed, the lawsuit says. The complaint says state health officials violate the constitutional right to privacy and a federal health-privacy law by sharing patient information with the Department of Motor Vehicles and the FBI.
Pam Graber, a spokeswoman for the state Medical Marijuana Program, said the agency doesn’t comment on pending litigation. She said the DMV has access to patients‘ names because it prints their registration cards. Law enforcement agencies can search a database to verify whether someone is a cardholder, but they can only search by the number on an ID card ’ not by name, Graber said.
Parsons‘ lawsuit also challenges a statute that says having a marijuana card does not make a person exempt from prosecution for handling a firearm while impaired.
"Plaintiff has a right to ‘keep and bear arms‘ regardless of whether he is at home or in public, and regardless of whether he is under the influence of a ‘controlled substance‘ (whatever that means)," the complaint says.
The lawsuit asks a judge to strike down the firearm statute and bar the state from requiring patients to register. Parsons also seeks a refund of more than $1,000 he has spent to keep his patient card active for seven years.
’’Contact Eric Hartley at ehartley@reviewjournal.com or 702-550-9229. Find him on Twitter: @ethartley.
