The MENDOCINO COUNTRY Independent
Cannabis
Policy Updates
SHERIFF UNVEILS MEDICAL MARIJUANA GUIDELINES
by Richard Johnson 5/14/09
In the jury room in the Ukiah courthouse for a noon
presentation to prosecutors and the defense bar on April 3, Mendocino
County Sheriff Tom Allman with great fanfare announced the 2009 version
of his medical marijuana guidelines in the form of a Directive dated
that day. Presumably, this is the standard his deputies will refer to
when investigating gardens.
It may not however, necessarily apply to the Major
Crimes Task Force which does the heavy lifting when it comes to
eradications and arrests. Sheriff Tom said he would be meeting with
commander Bob Nishyama in the next few days to see if they could agree.
The Directive also does not address the
model of cooperative or collective growing under SB420. That is
apparently to come later after consultations with county counsel who is
preparing language in the Medical Marijuana Nuisance Ordinances to
regulate such enterprises.
All in all, the Directive does not reveal any new
approach, but is a seven page codification of the present ambiguities.
Those looking for clear guidance to avoid arrest and or prosecution
will not find it here.
One exception is that the threshold between
criminality and trying to comply with medical marijuana law of sheer
plant count as indicator of the growers' intent is 40 plants, according
to the Sheriff.
Allman said he encourages people to call for
voluntary compliance checks, and that he intends to propose zip ties at
$25 and charge for eradications at the 4/20 BOS meeing.
(Amendments proposed at that meeting were later
voted down.) This author continues to believe the most reliable way to
avoid arrest and prosecution is to avoid all contact with law
enforcement and keep your operations secret from everyone. (See
Johnson's Guide to Growers on www.mendocinocountry.com/
This author warns that cultivators should be aware
that if they are raided they could be eradicated and prosecuted even if
they are not arrested, even if they are within the plant guidelines of
SB420, even if there are no indicia of sales.
There is a high likelyhood of conviction in court if
there is indicia, according to my observation of cases as shown in the
Prosecution Updates page in www.mendocinocountry.com/
Sheriff Tom refused to limit what are indicia,
saying "It could be anything," and it was defined in the evidence code
and this meeting was for lawyers who already knew. But his document
does mention illicit drugs, weapons and excessive amounts of cash.
Famously, scales, accounting documents,
security measures and any kind of separate packaging in baggies are
also considered indicia of sales, even if the amounts are unequal.
The presentation included a list of departmental priorties
for marijuana eradication this year, including commercial grows,
environmentally damaging grows, grows involving water theft or
pollution; grows on public lands; trespass grows as on timber company
property; and complaints from the public. Finally at the end will be
calls for compliance checks.
Allman continues to repeat that last year deputies
investigated 154 gardens they found in compliance and left in place.
However he has not rendered a Measure G report as he promised to do
with data on calls, investigations, arrests and referrals to the DA
about marijuana.
Both the sheriff and DA fielded pointed questions from
marijuana lawyers who had concrete examples showing their deputies had
acted contrary to the polices these elected officials were assuring the
public were in place. They said several sheriffs and deputy DAs treat
any and all marijuana as criminal.
They cited examples such as raids are conducted on
indoor grows with or without warrants with the probable cause of smell
only under conditions in which the smell is everywhere in the
neighborhood or not present at all for example on a rainy windy night.
They also alleged police profile young non-White drivers of new
vehicles especially SUVs, rented vehicles, out of state vehicles, etc.
On May 5, Sheriff Allman sent letters to the editors
of the newspapers calling attention to his advertisement for the
guidelines and stating: "The Mendocino County Sheriffís Office
will continue to respect the rights of legitimate medical marijuana
patients and caregivers. We will likewise continue to arrest illegal
growers, eradicate their gardens, seize their drug-related assets and
submit cases for prosecution. "
The complete presentation or document can be viewed
as a video at ukiahvalley.tv, or downloaded and read on the Sheriff's
webpage, www.mendocinosheriff.com/
ZIP TIES PASS COMMITTEE
5/13/09
On May 11, the BOS committee for Health and Human
Services (McCowen and Smith) approved recommendations concerning the
County's Medical Marijuana Nuisance Law passed last February that
limits gardens to 25 plants per legal parcel. These recommendations
will be passed to the full board.
A second committee meeting was scheduled for June 15
to consider other changes to the remainder of the ordinance.
Supervisor Smith commented that she understood that
the county really cannot legalize marijuana or change the state's
prohibition statutes but in its police powers to adopt civil infraction
ordinances there was a tool to approach comprehensive regulations for
medical marijuana. Thus while it was an imperfect tool, it's all we
have, she repeated several times in her usual roundabout manner.
In the text below, changes were made to clarify who
qualifies for a discount on the zipties. In addition, the committee
agreed to remove all findings from the ordinance, as they were not
necessary and a bone of contention.
The ordinance now being amended is that passed
in 2008 which did not have an eradication fee. That provision was part
of the amended version that died last on May 5.
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Section 9.31.060 "Zip Tie" Provision.
(A) For the convenience of the property owner and to
assist in the enforcement of this ordinance, and to avoid unnecessary
confiscation and destruction of medicinal marijuana plants, marijuana
grown for medicinal purposes in unincorporated Mendocino County may
have "zip ties" issued by the Mendocino County Public Health
Department. For proper identification, such "zip ties" should be
securely attached to the base of individual marijuana plants.
(B) "Zip Ties" can be obtained through the Mendocino
County Public Health Department. All applicants for "zip ties" must
present an identification card or a valid medical recommendation. The
fee for the "zip ties" shall be twenty five dollars ($25.00) with a 50%
discount for Medi Cal recipients, Medicare patients and disabled
veterans. --
LIPMANSON REQUESTS CLARIFICATION:
4/28/09
Santa Rosa based defense attorney Don Lipmanson
wrote sheriff Tom Allman on April 28 seeking clarification on several
points in his medical marijuana guidelines.
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"In hopes of properly advising those of my clients
who want to adhere to Mendocino County medical marijuana guidelines,
would you kindly clarify what I perceive as the following ambiguities
in state and county guidelines:
"1. When does a seedling become an "immature plant"
under HS 11362.77 et seq? 2. How many seedlings may be possessed per
recommendation and per parcel until such time as the "immature plant"
limits are reached? 3. When does an "immature plant" become a "mature
plant?" 4. May 6 mature and 12 immature plants be possessed
concurrently?
And for indoor gardens in Mendocino County:
1. How many cuttings/clones may be possessed per
recommendation and per parcel? 2. When does a cutting or clone become
an "immature plant?"
Your prompt attention to this inquiry would be much
appreciated, in order that I may advise medical marijuana patients how
to comply with the law pending the Kelly decision."
Sincerely yours, Don Lipmanson, Attorney at Law