Pubdate: Thu, 16 Jul 2015
Source: Las Vegas Review-Journal (NV)
Copyright: 2015 Las Vegas Review-Journal
Contact: http://www.reviewjournal.com/about/print/press/letterstoeditor.html
Website: http://www.lvrj.com/
Details: http://www.mapinc.org/media/233
Author: Eric Hartley

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.
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