About
Many familiar with legalization of marijuana in Massachusetts credit this lawsuit as a major reason for victory. Several months before the votes, polls showed that voters were about even, for and against. Then, several weeks before the vote, the State Police raided a couple, peacefully growing medical marijuana in full compliance with state laws. Days later, the couple sued the police. News of the suit flooded the media outlets and public debates about legalization. The overwhelming public issue became: why are we spending massive resources going after people who are following the law and are doing so peacefully; instead, let’s legalize marijuana, stop this outdated stigma, while we tax (make money) and regulate (make safer) marijuana?
Below is the chair of the campaign to legalize marijuana, Dick Evans, on the night of legalization, November 8, 2016, jokingly thanking the state police.
This page is a resource page for lawsuit involving a raid by Massachusetts State Police seizing medical marijuana plants.
The Plaintiffs seek return of the plants from the police, claiming the raid was unlawful. This page will be updated as new developments unfold. (Page last updated: July 22, 2020.)
Lawsuit Documents
Press
- No-warrant ‘state police’ raid of homegrown medical marijuana plants in Wendell raises questions – Springfield Republican – MassLive – Mary Serreze – September 26, 2016
- Wendell medical marijuana seizure worries residents, town officials – Recorder & Gazette – Tom Relihan – September 27, 2016
- Editorial: Wendell pot bust excessive – Recorder – October 3, 2016
- Legal marijuana debate heated at GCC – Gazette – Shelby Ashline – October 6, 2016
- Drug cops raid an 81-year-old woman’s garden to take out a single marijuana plant – Washington Post – Christopher Ingraham – October 8, 2016
- Delay leaves medical-pot growers vulnerable – Sentinel – Todd Feathers – October 16, 2016
- Wendell couple sues Massachusetts State Police over no-warrant medical marijuana raid – Springfield Republican – MassLive – Mary Serreze – October 20, 2016
- Wendell couple sues state, want medical pot back – Recorder & Gazette – Tom Relihan – October 20, 2016
- Couple sues police for return of seized marijuana plants – Associated Press – October 20, 2016
- Massachusetts Couple File Lawsuit Against State Police for Return of Seized Cannabis Plants – Merry Jane – Mike Adams – October 21, 2016
- State tracks pot plants with helicopters – Commonwealth Magazine – Mary Serreze – October 23, 2016
Statement by Attorney Marvin Cable
“The actions of the Massachusetts State Police were fundamentally wrong and unconstitutional. They violated the basic notions of privacy as granted by our state and national constitutions. Their actions lacked the prudence, reasonableness, and caution as also required by our constitutions.”
“They came onto lawful citizens land and seized property with no probable cause, no search warrant, no satisfactory exception to the search warrant requirement. This is what our nation’s founders were seeking to avoid.”
“This case is not just about medical marijuana, it’s about the government not respecting important civil rights.”