Wendell pot raid garden

On Sept. 13, a helicopter hovered over a Wendell couple's home, and moments later, five men in plain clothes entered their yard and confiscated about ten outdoor-grown medical marijuana plants, said Francesco Compagnone and Patti Scutari. Now the two are suing Massachusetts State Police, asking for the return of their medical marijuana.

(Mary Serreze photo)

GREENFIELD -- Massachusetts State Police have been summonsed to appear in Franklin Superior Court regarding the legality of a helicopter-driven joint law enforcement raid on a Wendell couple's outdoor medical marijuana garden.

A June 27 pre-trial conference has been set in the case of Compagnone v. State Police, a civil action seeking the return of the seized plants.

Two registered medical marijuana patients, Patti Scutari and Francesco "Appolo" Compagnone, claim they were properly growing for personal use under state law when their property was illegally seized.

On Sept. 13, a black helicopter hovered over Compagnone's home. Moments later, five men in plainclothes entered the fenced yard and confiscated about 10 organically grown plants without a warrant, the couple said. No arrests were made, and no citations issued.

Scutari and Compagnone on Oct. 18 filed their civil lawsuit, represented by Northampton lawyer Marvin Cable.

Authorities later confirmed that the state-authorized Domestic Cannabis Eradication and Suppression program, partially funded with federal dollars, involves trained surveillance personnel in National Guard helicopters communicating with state troopers on the ground, who lead the operation.

The Office of Attorney General Maura Healey agreed to defend state police in the lawsuit. Massachusetts State Police fall under the state's Executive Office of Public Safety and Security.

Cable on Wednesday wrote to Healey, asking her office for a slew of documents and information regarding the state's marijuana eradication program, including specific information about the Sept. 13 raid. He requested an explanation of the legal basis for the seizure and a description of exactly what the plaintiffs did to break the state's medical marijuana law.

The lawyer further sought clarification of the roles played by Healey, Gov. Charlie Baker, state police, the National Guard and the U.S. Drug Enforcement Agency in authorizing and implementing the state's marijuana eradication program.

Massachusetts voters approved medical marijuana in 2012, allowing registered patients to conduct limited cultivation at their primary residence. Such plants must be in "an enclosed, locked area not visible to the public at the patient's or caregiver's primary residence." The rules do not specifically forbid outdoor growing.

Scutari and Campagnone, in a Dec. 12 email to their supporters, announced they would continue their lawsuit.

"The U.S. government spends a phenomenal amount of time, energy and tax dollars trying to wipe out the cannabis plant," the two wrote. "A sacred plant that was given to us by the creator that has the ability to heal, ease pain, improve sleep, relieve stress and a myriad of other healthful benefits."

Cable is no stranger to the world of marijuana law, having written amicus briefs for the National Organization for the Reform of Marijuana Laws, or NORML. One of the cases, Commonwealth v. Overmyer, established that in Massachusetts, the smell of unburnt marijuana does not constitute probable cause for police to search a vehicle.

Mary Serreze can be reached at mserreze@gmail.com