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Man sues Border Patrol over right to carry medical marijuana
LAS CRUCES - A Deming man is suing the U.S. Border Patrol, alleging agents are failing to adhere to a new rule that allow him to carry medical marijuana without risking federal charges.
Raymundo Marrufo, who participates in New Mexico's medical marijuana program, filed the lawsuit Monday in federal court seeking an injunction against the U.S. Border Patrol in connection with questions the agency poses to travelers at border checkpoints.
Marrufo's attorney, Jason Flores-Williams, writes that Marrufo must routinely travel from Deming to Las Cruces to obtain medical cannabis, which requires passing through a U.S. Border Patrol checkpoint on Interstate 10 on his return trip. Federal agents ask him whether he has any illegal drugs — posing a dilemma for Marrufo because marijuana is still a controlled substance under federal law.
"If Marrufo answers 'yes,' he is a drug smuggler subject to felony indictment," the court complaint states.
But if Marrufo answers "no," he could be guilty of lying to a federal agent, according to court records.
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