Pubdate: Sat, 15 Mar 2008 Source: Press Democrat, The (Santa Rosa, CA) Copyright: 2008 The Press Democrat Contact: http://www.pressdemo.com/ Details: http://www.mapinc.org/media/348 Author: Glenda Anderson HAMBURG POT CHARGES DROPPED, FOR NOW UKIAH - A Mendocino County judge has dropped marijuana cultivation charges against Laura Hamburg, a local activist who helped ban genetically modified crops from the county and is currently battling a backlash against marijuana cultivation. "I feel elated," Hamburg said Friday. But she said she remains worried because the Mendocino County District Attorney's Office is considering challenging an earlier ruling that led to the dismissal. "I feel like I'm waiting for the other shoe to drop," Hamburg said. Judge Ron Brown dismissed the charges against Hamburg Thursday, two weeks after another judge quashed evidence found during a search of the Hamburg family compound near Ukiah. The property is owned by Hamburg's parents, former Rep. Dan Hamburg and his wife, Carrie. The search warrant and evidence obtained through it were nullified because officers' sworn statements in support of the search warrant failed to mention that Hamburg had provided officers with documentation that she was growing for several medical marijuana patients, including herself. It's at least the second pot-related case to be dropped in the past month because judges found fault with a search warrant. A case against Angela Pinches, daughter of Supervisor John Pinches, was dismissed last month because the judge determined officers had invaded private space around her Redwood Valley home in order to determine whether marijuana was being grown there last year. Law enforcement officials said they believe a former boyfriend was responsible for the marijuana. Hamburg said she grows marijuana for medicinal purposes for four people: herself, her sister, her mother and a neighbor. Hamburg's attorney, former prosecutor Keith Faulder, accused law enforcement of misleading the judge who signed the search warrant. He and Hamburg also claim officers exaggerated the amount of marijuana found in her garden and home. Law enforcement officials said they found at least 50 plants, more than 50 pounds of processed marijuana and $10,000 cash after serving the search warrant on Hamburg's home. "It was nowhere close to that," Hamburg said. She said Faulder has advised her not to discuss marijuana quantities or other specifics of her case because criminal charges could be refiled. Deputy District Attorney Brian Newman said he has until March 24 to refile charges. At the time of last year's raid on Hamburg's home, county medical marijuana guidelines allowed 25 plants to be grown for each medical marijuana patient and for each to possess 2 pounds of processed marijuana. The allowable number of plants was changed this year to 25 plants per parcel, regardless of the number of patients living on that parcel, in response to growing discontent over widescale pot production in the county. Hamburg said the raid on her home was terrifying. She said if it could happen to her, "it could happen to anybody," and that's what prompted her to join in the fight against Measure B. Measure B seeks to rescind Measure G, a local voter-approved measure that decriminalized personal marijuana use in the county and made marijuana cases a low priority for prosecution. Measure B proponents say Mendocino County's lenient stance on marijuana is attracting crime, creating neighborhood nuisances, causing environmental pollution and supporting the illicit, dangerous underground marijuana industry that has nothing to do with medicine. Hamburg said she understands the frustration of Measure B proponents, but that overturning Measure G is not the answer. "Measure G is here to protect the residents," not the large-scale commercial growers, she said. - --- MAP posted-by: Derek