New Mexican Caught in a 'Catch-420'

The Border Patrol forces a medical marijuana patient to break a law every time he passes a checkpoint, the man claims in Federal Court.

The only choice he has, Raymundo Marrufo says, is whether to violate a state law or a federal one.

Marrufo suffers from PTSD and has been prescribed medical marijuana under the Lynn and Erin Compassionate Use Act, New Mexico's medical marijuana program. To get his medicine, Marrufo must drive past a permanent Border Patrol checkpoint. There, a Border Patrolman asks him: "Do you have any illegal drugs?"

Because marijuana is a Schedule I drug under federal law, it is illegal under the Controlled Substances Act. So if Marrufo answers "Yes," he risks being charged as a drug smuggler, but if he answers "No," he could be charged with lying to a federal government agent.

In the Nov. 30 lawsuit, Marrufo says the Border Patrol's standard question...

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