By Richard Johnson

            The Mendocino Medical Marijuana Advisory Board is to be congratulated on two recent forums, one on April 24 at the Saturday Afternoon Club in Ukiah and another May 14 at the Willits Grange. The idea was to bring information to the cultivation community, and both were well attended.

            Pebbles Trippet is the sparkplug of this organization and it is her mission to bring medical marijuana out of the shadows and create a legitimate industry which is socially recognized and accepted. The purpose of these meetings was to begin a conversation that would bring this to pass.

            Pebbles was a defendant in a 1997 case that involved transportation. The decision in that case is now law post Kelly. It states that the standard to determine medical status is the quantity reasonably related to the immediate need of the patient, possessed in a manner consistent with that need. 

            The impetus for the meetings came from a similar conference in Humboldt County focused on the economic impact of eventual legalization. Organizer Anna Hamilton had set a theme for discussion there which revolved around her prediction that legalization would depress the price drastically, depriving tens of thousands of trimmers and growers in her area of jobs and income. The Ukiah meeting did not consense to this view, however.

            What was recognized was the need for a professional economic analysis of the impact of the marijuana industry on the region. Another suggestion was a Joint Powers Authority among Mendocino, Humboldt and other counties to regulate marijuana cultivation and sales.

Ukiah Forum:

            The Saturday Afternoon Club was packed on April 24. There was an intense but mostly groovy vibe. People sat at tables that completely crowded the ballroom while genially networking in the dining room and noshing on excellent finger food being reasonably priced and sold by Sacred Tarts.

            There was a general agreement that legalization was coming, but little understanding of what laws currently apply and what legalization might consist of.

            There was disagreement whether legalization would drive prices down or not.

            There was general agreement that outdoor growing with organic methods was to be supported.

            There was agreement that dispensaries are paying lower prices for outdoor bud because they were becoming vertically integrated with indoor growers. Prices of $1,500 to $2,000 per pound were mentioned.

            There was disagreement about taxes. Some said it would lead to legitimacy, others said it would be wrong to tax herbal medicine.

            There was general interest in promoting brands and certifications like “Homegrown .” There was interest in cannabis tourism and tasting rooms like Amsterdam coffee shops.

            There was widespread dissatisfaction with the November initiative sponsored by Richard Lee, who finally did show and  shared his time with a conventional labor union organizer who stated that the initiative could generate tens of thousands of dispensary jobs at union wages.

            The Tax and Regulate 2010 Initiative would absolutely decriminalize possession of an ounce of cannabis by adults for personal use and cultivation of 25 square feet for personal use.

            Defense attorney Omar Figueroa urged support for the initiative stating it was a step in the right direction, and its defeat would signal the public does not support legalization. He pointed out the initiative also allows counties and incorporated cities to form their own ordinances to tax and regulate the sale of marijuana.

            There was little recognition that while the initiative might have a short term downward impact on prices by increasing access through legalized marketing, it would have and even greater long term upward impact on prices as numerous new consumers came into the market who were formerly deterred by the legal risks and stigma.

             Figueroa is the  co-founder of the Cannabis Law Institute, where attorneys instruct other attorneys how to represent cannabis patients. Figueroa has represented defendants in 31 California counties and federal court. He received his undergraduate degree from Yale College and was a graduate of both the Stanford Law School and the Trial Lawyers College. He also pointed out that despite fears to the contrary, corporations would not get involved in marijuana production while it’s still a violation of the federal Controlled Substances Act.

            Other speakers included Edie Lerman is the lead attorney for the Jim Hill lawsuit against  Mendocino County’s medical marijuana cultivation ordinance. I have analyzed ths suit at www.mendocinocountry.com/ in a word, it is political theater. It keeps getting delayed and the first hearing date is now June 18. The plaintiffs say they are awaiting a decision in Anaheim concerning the city’s authority to regulate dispensaries. But the Mendocino ordinance 9.31 does not cover dispensaries.

            Ellen Komp is the deputy director of California’s National Organization for the Reform of Marijuana Laws – CalNORML

            Tim Blake, a Mendocino County resident and medical marijuana patient and grower, is the proprietor of Area 101, a spiritual sanctuary and multi-cultural event center where the Mendocino Farmers Cooperative is soon to open shop.

            The executive director of the Ukiah Chamber of Commerce was there and spoke not very convincingly about the impact of marijuana cultivator spending at his members businesses. Laura Hamburg asked him explicitly if growers could get a “buy-in” for the legitimacy of their industry, but he demurred. One young man asked if he made a $40,000 donation to the Chamber would that make a difference. He dodged again. The following week he was laid off by Chamber president Brett Cooperrider because the organization is broke.

Willits Forum:                        MARIA BROOK convened the meeting

            Some 150 citizens were on hand for the May 14 forum at the Willits Grange. A no-photo zone was established to make growers comfortable while the speakers were being recorded by numorous videographers.

            Third District Supervisor John Pinches, Sheriff Tom Allman, physician William Courtney, former attorney Hannah Nelson and MMMAB member Pebbles Trippet responded to audience questions fielded by 5th District supervisorial candidate and moderator Dan Hamburg. Following that, the three candidates for District Attorney answered questions moderated by Hannah Nelson.

            The main event was the presentation of a laboriously worked out Open Letter to Sheriff Allman from MMMAB, meticulously detailing how deputies are to be instructed concerning marijuana investigations.

            The sheriff rejected it, commenting he didn’t want to complicate his communication with deputies. He then stated he had a written list of priorities that his office would use for investigating, eradicating, and arresting in marijuana cases.

            As stated last year at this time, the list goes like this:

            1) Commercial Operations.

            2) Public Land Grows.

            3) Trespass on Private Land.

            4) Illegal Water Diversion

            5) Environmental Degradation.

            6) Nuisance Complaints

            7) Compliance Checks

            In addition, the sheriff handed out a three-page summary of current count medical marijuana law as well as the entire county code of 9.31.

            All this assumes that Allman controls his deputies. In some respects, he does, but not concerning where, when and how the deputies conduct cannabis raids.

            In the first place, most marijuana actions are undertaken by the Major Crimes Task Force under the command of Bob Nishyama who reports to the state “Department of Justice.”

            In the second place, the deputies for the most part are in business for themselves and may not even tell the sheriff where they are going to raid next.

            For some time, deputies have been getting warrants for search and PG&E records based on alleged odor, even when there is none. These are actually based on complaints or tips.

            Allman indirectly alluded to this by stating that he did not want to even hear allegations about crooked cops unless it was first hand personal knowledge. He recommended that anyone shaken down for cash contact the Santa Rosa FBI office.

            One deputy who is a “special agent” of the Task Force testified under oath in one court case that he “never” considers written doctors’ recommendations for medical marijuana when conducting a bust. His first question in that case was “Where’s the money,” just like a home invasion robber.

            Allman stated that his deputies do not eradicate or arrest in medical cases that are just a few plants over the limit. He said he would allow a grower to select which plants he wanted to eliminate and come back in two weeks to assure compliance with the 25 plant per parcel limit.  Defense attorney Katherine Elliot contradicted him from the back of the room.

            The Sheriff reminded the audience that his department is selling numbered zip tags up to 25 per doctor recommendation to medical growers. He also emphasized that county supervisors would consider fee schedules for the 99-plant exemption under 9.31 on June 8. After that, the application form would be available on his website. 

            Pebbles re-inforced the widespread confusion between the county nuisance ordinance which is civil with the state prohibition statutes which are criminal. She stated that Prop 215, SB420, various court decisions and the 2008 Attorney General Guidelines enumerate “Eleven Rights” to cultivate, transport, sell and transport cannabis. In supporting the lawsuit against 9.31, she seems to agree with plaintffs’ attorneys that everyone has the right to grow as much marijuana as they want, wherever the want.

            She stated that 9.31 was a violation of constitutional rights. Hanna Nelson agreed with her, urging non-compliance with the law.

            Trippet stated she opposes the law because she could not comply with the requirements for a 99-plant permit because her land was slightly less than 5 acres. But nothing prevents her from purchasing a five acre plot elsewhere.

            Doctor Bill Courtney stated that the medical benefits from marijuana came from CBD and not THC, and that he advises patients to juice and consume the leaves of one plant per day, implying that each consumer could possess up to 365 plants per year as “reasonably necessary” for their treatment under law, now that the Kelly decision has eliminated the previous per patient plant limits.        

            "They want the anti-inflammatory benefits of cannabis, which can halt the spread of cancer, diabetes and Alzheimer's," Courtney asserts.

The DA Candidates:

            District Attorney candidates Matt Finnegan, Meredith Lintott and David Eyster debated for an hour at the end of the program, moderated by Hannah Nelson.

            Concerning the issue of putting charging policies in writing, Lintott explained she had prior problems with written policies in that an internal memo rejecting cases of less than 200 plants had become national news. Lintott mentioned staff is currently rewriting and reviewing an in-house policy manual that would not be made public.

            Eyster supported publishing general but not specific guidelines on a website

            Finnegan distinguished himself from the other two by stating that each patient should possess no more than 6 plants, and that there was no authority for absentee members of a collective. “ They should all be engaged in cultivation,” he stated. But he’s wrong on the law on both counts.

            While Lintott and Eyster appeared the most qualified, Eyster for the most part did not make his case that the incumbent should be removed. As she is the only woman in the race, Lintott is heavily favored for re-election.

             "This District Attorney doesn't understand that folks are being prosecuted who shouldn't be," said Eyster. But he didn’t cite specific remedies he would undertake to change the situation.

            The candidates did generally agree that  collectives have the right to transport aggregate amounts of cannabis to members.

            Concerning 9.31, Finnegan said it passed constitutional muster, whereas Lintott correctly stated it had nothing do do with her duties. (It’s a civil matter).

            The sheriff is reportedly in consultation with local police chiefs about a “trip ticket” or letter of authorization from local dispensaries to growers that would assure police that a bulk shipment of marijuana was legal under the law.

            Finnegan said he would like to see asset forfeiture money used to support substance abuse counseling, but Eyster pointed out that while he was the forfeiture prosecutor he didn’t do that.      

            Lintott fired Finnegan last year and in his civil service action he came up looking like a sexist pig, publicly using an obscene name for his perceived rival, prosecutor Jill Ravitch.

`           Lintott confirmed the sheriff department purchased a "Bear Cat" assault vehicle was purchased with asset forfeiture dollars for use in a SWAT or Columbine-style emergency.

             "Each department has a different amount" of asset forfeiture dollars, according to Lintott, who says $700,000 to $800,000 dollars in asset forfeiture money is currently available to her department.

            There is no doubt that MMMAB deserves credit for getting all three DA candidates there to address an audience of growers, although most had left the room by that time which was 8pm.

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