Target of medical marijuana raid: 'I feel like I have been raped - WNEM TV 5

Target of medical marijuana raid: 'I feel like I have been raped'

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Gregg Levendoski said he will fight the charges. (Source: KPHO/KTVK) Gregg Levendoski said he will fight the charges. (Source: KPHO/KTVK)

"I feel like I have been raped and given a death sentence," says 54-year-old medical marijuana patient Gregg Levendoski.

Levendoski -- who is HIV positive, has hepatitis C and multiple forms of cancer -- said he was victimized last week when a task force of some 60 law officers, including SWAT teams, raided his remote and isolated property in Apache County at about 4 a.m. It was a multi-agency operation meant to find illegally grown marijuana.

"I was telling them from the moment I was standing there underneath the lights of their tanks, 'We are card-holding medical marijuana patients,'" Levendoski said. "They told me, 'I don’t care.'"

Levendoski, his girlfriend and his son all were arrested during the raid.   

"They are violating the law," Commander Lance Spivey of the Apache County Sheriff’s Office said on the day of the raid. "Even if it is medical marijuana like they are claiming, there are rules and regulations they must follow."

Spivey said there were multiple violations on Levendoski’s property, including too many plants and not enough security.

Levendoski said both he and his son had valid medical marijuana cards that entitle them to cultivate up to 12 plants each. According to court documents, law officers confiscated 33 plants from Levendoski’s land., nine more than two legitimate card holders can legally possess. 

Levendoski disputes ACSO's claim, saying there were 23 plants.

"I’m heartbroken," Levendoski said. "That crop was to heal me."

"It is a mess, the medical marijuana law, in my opinion, poorly written," Spivey said. "And it is a new law, and we are still learning how to deal with it."

Levendoski says he was "bending over backwards" to try to comply with the law. He said he even consulted the state’s Department of Health Services for guidance.

We contacted DSH today but were told they are prohibited from commenting on medical marijuana patients.

In the wake of the raid, Levendoski and his girlfriend now face a single charge of possession.  Levendoski’s son faces charges of possession, cultivation and paraphernalia.

Levendoski is scheduled to be in court later this week. He said he plans to fight the charges.

Copyright 2015 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

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