On December, 3rd 2011 my wife and I were traveling from Tucson, Arizona to El Centro, California. We left Tucson at approximately 7:00 AM heading west on Interstate 8. At approximately 11:00 AM we approached the US Border Patrol checkpoint on Interstate 8 located in California just west of Yuma.
To:
The American Civil Liberties Union
Will Humble, Director, Arizona Department of Health Services
Alan Bersin, Commissioner, U.S. Customs and Border Protection
Senator John McCain
Senator Jon Kyl
Senator Barbara Boxer
Senator Diane Feinstein
Representative Raul Grijalva
Representative Gabrielle Giffords
Representative Bob Filner
Editors Imperial Valley Press
Editors Arizona Daily Star
Dear Sir or Madam,
On December, 3rd 2011 my wife and I were traveling from Tucson, Arizona to El Centro, California. We left Tucson at approximately 7:00 AM heading west on Interstate 8. At approximately 11:00 AM we approached the US Border Patrol checkpoint on Interstate 8 located in California just west of Yuma.
We were traveling to obtain a meal for my Father. My Father grew up in El Centro and then worked in the agricultural business of California's Imperial Valley for over 40 years. Since 1948 his favorite meal has been a #2 Combination plate from Camacho's Restaurant located on Wahl Road just outside El Centro, California. His fondest memories revolve around his family, his work and eating at Camacho's. My Father was recently diagnosed with Stage 4 Lung Cancer by the Oncology Doctors of St. Joseph's Hospital in Tucson Arizona. Just before being hospitalized My Father had asked that we take him to Camacho's for a last meal, but his sudden decline in health would not allow the journey. His disappointment was apparent and led to a mild depression that was affecting his health and my Mother's well being.
My Loving Spouse, Dianna J. Moffitt and I decided to drive to El Centro and get him his meal and deliver it to him in his hospital bed. We approached the US Border Patrol checkpoint where a US Border Patrol Officer asked if everyone in the vehicle was a US Citizen. We are and answered to confirm that we were US Citizens. We were also asked if we had any illegal substances or narcotic prescription medicines in our vehicle. We did not and answered the questions to confirm we had no such materials in the vehicle.
The stated mission of the US Border Patrol:
CBP: Securing America's Borders
U.S. Customs and Border Protection’s top priority is to keep terrorists and their weapons from entering the United States. While welcoming all legitimate travelers and trade, CBP officers and agents enforce all applicable U.S. laws. CBP prevents narcotics, agricultural pests and smuggled goods from entering the country and also identifies and arrests those with outstanding criminal warrants. On a typical day last year, CBP officers welcomed 1.1 million people at the nation’s 327 land, air and seaports while almost 2,800 we apprehended at and between the ports of entry for illegal entry.
This is a mission that I fully support as a US Citizen. Dianna had a picture from 1954 showing the border crossing in Nogales Arizona framed and presented it to the current Officers at the Morley Street Station as a gift in appreciation of their service to the United States. We often travel into Nogales, Sonora for lunch and have always enjoyed a friendly and professional relationship with everyone serving at that station.
That is why the next event has left me confused and angry.
The US Border Patrol Officer asked if we had any medical marijuana in the vehicle. We did, Dianna has a valid Arizona Medical Marijuana Card and presented it to the Officer. We were directed to pull off the highway to a designated area. We were then removed from the vehicle and ordered to a holding area where we were searched and told to take a seat while the vehicle was searched.
The Medical Marijuana was found exactly where Dianna had indicated it was located, a small hand bag she carries in addition to her normal purse. This handbag contains all her medical supplies to keep them separate from other items she keeps on her person.
After locating the Medical Marijuana Dianna was told she could dispose of the medicine in a very specific manner and be free to leave, or she could wait for an Imperial County Sheriff's Officer to be called for and ticketed for possession of less than 28.5 grams of Marijuana.
The Officer stated that California law only allowed transport of Medical Marijuana from the patient's dispensary to their home and that possession outside that limited scope was punishable by fines in California.
When we asked for the names of the officer's they denied that request as well as our request to take photos of the entire process.
Due to the time sensitive nature of out trip we felt that our only option was to follow the suggestion to dispose of the medicine and continue on our mission.
My Father enjoyed his meal that evening. I thank the wonderful people at Camacho's for assembling a meal fit for travel. The expression of joy on my Father's face more than made up for the expense, time and labor of the trip.
In 2000 Dianna was diagnosed with a severe form of Irritable Bowel Syndrome. This disease caused Dianna to lose over twenty pounds within a few years. Not only was the disease wasting away her body it also caused her to avoid eating food. At only 5'5" in height and slim of frame, 110 pounds was her normal weight. When her weight fell under 95 pounds we became increasingly concerned for her health. After traditional methods failed, Medical Marijuana was suggested as a way to induce an appetite and thus increase her nutrient retention. Like a miracle it worked and since using Medical Marijuana she has regained weight and I can happily report she now weighs a much more healthy 113 pounds.
The State Of Arizona and The State of California have both recognized that Medical Marijuana is a useful tool in combating her specific ailment and have written laws to allow it's usage by qualifying patients.
Dianna was not transporting her Medical Marijuana across International Borders or into a State that has no Medical Marijuana program.
Dianna was acting in accordance to the intent of the law in both states. She had applied for and received a license allowing her to possess Medical Marijuana. Arizona allows a patient to possess 2.5 ounces, The State of California Law as implemented by the County of Imperial allows a patient to possess up to eight ounces of Medical Marijuana. Dianna was in possession of less than four grams.
We were going to Camacho's, while waiting for my Father's meal to be prepared we expected to eat lunch there and enjoy the food and hospitality I remember from my youth. Dianna had brought a small amount of Medical Marijuana with her to use privately before eating.
This brings me to the point of this letter. I am not sure what I expect from you today, but what if Dianna had suffered from some ailment that would have more serious or life threatening implications beyond a simple suppressed appetite at lunch?
Should US Border Patrol Officers be making these important medical decisions for US Citizens by the side of the highway?
Is this really a good use of the Officer's limited time and resources?
Respectfully,
Jimmy L Moffitt II
Tucson, Az