Banda Lawsuit Dismissed by Federal Judge

Garden City, KS (westernkansasnews.com) A 39 year old woman from Garden City who has become the focus for the medical marijuana movement in Kansas had her lawsuit dismissed Tuesday by a federal judge. 

Shona Banda was suing the Garden City Police Department, USD 457 and Department of Children and Families claiming her civil rights were violated when they searched her home and arrested her nearly two years ago. Sources say the investigation was prompted by an in school exercise talking about drug use when Banda’s then 11 year old son defended the use of medical marijuana. Banda uses the drug for her Crohn’s Disease.  

US District Judge J. Thomas Marten ruled that Banda has no right to use the drug which remains illegal in Kansas and that the defendants had limited immunity from being sued.

Banda says she still plans to pursue the lawsuit. She will also have a mental competency exam early next month to see if she is fit to answer criminal charges filed against her. Her next court date is scheduled for January 17th.