Man sues border patrol, claims harassment over medical pot

According to a criminal complaint filed on Monday, Raymundo Marrufo says he’s living in fear every time he crosses the border patrol check point from Las Cruces to Deming.

The 50-year-old medical marijuana patient is seeking a permanent injunction against the Border Patrol that would require agents to stop questioning U.S. citizens about medical marijuana in states where it is legal.

The complaint states that every time Marrufo reaches the checkpoint, he is asked if he is carrying any illegal drugs.

His attorney, Jason Flores-Williams, says if Marrufo answers yes, he is a drug smuggler subject to felony. If he answers no, he could be guilty of lying to a federal government agent.

Marrufo says there are no dispensaries in Deming and he must go to Las Cruces to fill his prescription. The complaint states since 2013, Marrufo has repeatedly been stopped at these checkpoints and subject to questioning and search concerning possession of cannabis.

Currently under federal law, marijuana is illegal. Under New Mexico law, medical marijuana is not.