Pubdate: Thu, 15 Jan 2004
Source: Oakland Tribune, The (CA)
0,1413,82%257E1726%257E1892644,00.html
Copyright: 2004 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Harry Harris, Staff Writer
Bookmark: http://www.mapinc.org/people/Ed+Rosenthal (Rosenthal, Ed)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

OAKLAND POLICE SEIZE 250 POT PLANTS

OAKLAND -- An irrational-acting man found vandalizing a car early Wednesday 
at a West Oakland live-work space prompted police to seize at least 
$100,000 worth of marijuana and arrest the suspected grower.

Joshua Betts, 47, claimed the 250 plants were for a medicinal marijuana 
club and some were for personal use, police said.

"He said he was trying to make up for what (marijuana activist) Ed 
Rosenthal was not able to produce," said Officer Tim Bergeron, adding 
police have not been able to confirm if he was supplying the clubs.

But Bergeron said Betts, a construction worker, had more than the allowable 
number of plants under city ordinances and had no documentation for being a 
certified medicinal marijuana patient, grower or care provider.

He did have a grower's certificate in another person's name, police said.

Under city policy, medical cannabis patients may possess no more than 3 
pounds of processed weed, or no more than 72 indoor plants or 20 outdoor 
plants. "Caregivers," who grow for others, may have those amounts for each 
of the patients they are supplying -- provided they have proof of a 
doctor's recommendation for each patient.

Police also seized five guns and 14 pounds of gun powder at the converted 
warehouse in the 800 block of 20th Street.

Bergeron and other officers initially went to the warehouse about 2:10 a.m. 
in response to a call from Betts about an acquaintance who was acting 
erratically and had vandalized his car. Betts told police the man was a 
former member of a band he was in, Bergeron said. The man was eventually 
taken to a local hospital for psychiatric evaluation.

Bergeron said he was inside the building talking to Betts when he detected 
the pungent odor of marijuana. He said Betts admitted growing marijuana for 
a medicinal club and led officers to a 30-by-30-foot cultivation area.

There, police found 250 plants from 1 foot to 21/2 feet tall and a 
hydroponic cultivation system consisting of lights and a water system on 
timers, officers said. Bergeron estimated the plants would produce at least 
six pounds of product with a street value of more than $100,000.

Police also found 12 packages of seeds for growing weed, each with a 
different name. Among the names were "Bubble Funk," "Super Skunk" and 
"Northern Lights," Bergeron said.

Among the five guns was a pump action shotgun. The gun powder was in five 
containers, Bergeron said. He said Betts told police he was storing the 
powder for someone else.

The Alameda County Sheriff's Bomb Squad was called to the scene to dispose 
of it.

Betts was arrested on suspicion of possession of marijuana for sale, 
cultivating marijuana and five counts of being an ex-felon in possession of 
firearms. Police said Betts has a 1985 conviction for possession of LSD. He 
is being held at the Oakland City Jail in lieu of $70,000 bail.

Staff writer Laura Counts contributed to this report.
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MAP posted-by: Beth Wehrman