Pubdate: Sun, 16 May 2010
Source: Ukiah Daily Journal, The (CA)
Copyright: 2010 The Ukiah Daily Journal
Contact: http://www.ukiahdailyjournal.com/feedback
Website: http://www.ukiahdailyjournal.com/
Details: http://www.mapinc.org/media/581
Author: Carole Brodsky, For the Daily Journal
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

CANDIDATES, SUPERVISOR, SHERIFF DISCUSS MARIJUANA

Willits Forum Draws Big Crowd

WILLITS - A crowd of over 150 assembled Friday at the Little Lake 
Grange in Willits for the Mendocino Medical Marijuana Advisory 
Board's community forum.

The event, entitled, "Medical Cannabis: State of Our Laws, Now and in 
the Future" focused on all things cannabis. Third District Supervisor 
John Pinches, Sheriff Tom Allman, physician William Courtney, 
attorney Hannah Nelson and MMMAB advisory panel member Pebbles 
Trippet responded to audience questions fielded by 5th District 
supervisorial candidate and moderator Dan Hamburg. Following the 
forum, the three candidates for District Attorney answered questions.

Panelist discussed whether the county's newly approved nuisance 
ordinance has primacy over state law.

Trippet, who asserts that state guidelines trump local ordinances, 
requested Sheriff Allman affirm the rights of cannabis patients and 
collective members by instituting deputy procedures which mirror 
state Attorney General guidelines and reflect the recent Kelly 
decision (a landmark court case striking down limits on the amount of 
marijuana patients may possess and cultivate.)

"Where there are no guidelines, there is no leadership," Trippet noted.

Sheriff Allman discussed the difficulties interpreting the complex 
layering of local, state and federal marijuana laws. Mendocino County 
faces an eminent challenge to its 9.31 nuisance ordinance, currently 
employed by law enforcement to help identify legal versus illegal 
growing operations. The Sheriff provided 100 copies of the ordinance 
to the audience.

"We have seven objectives we follow. Each represents a reason law 
enforcement comes to your house," explained Allman, citing that 
reports of commercial growing, "trespass grows," growing on public 
lands, illegal water diversion, environmental degradation, nuisance 
complaints or a citizen compliance request may prompt investigation 
by the Sheriff.

Supervisor Pinches, who opposed the 9.31 ordinance, praised Allman 
for skillfully working within a legal minefield.

"It's not fair to put the burden on law enforcement," Pinches noted. 
"We're six weeks away from the primaries. We shouldn't let our 
federal and state elected officials skate by on this issue. This is a 
total mess until state guidelines are equal in all 58 counties. I 
encourage all of you to hold our state candidates' feet to the fire," 
he said to the audience.

Dr. William Courtney, speaking about medical cannabis, feels current 
laws place his patients at risk.

"We are making history," said Courtney, whose research and that of 
his colleagues confirms "phenomenal results for patients" using fresh 
marijuana leaves as a dietary supplement. "We are recommending 
juicing the whole plant. Where does this put my patients?" asked 
Courtney, emphasizing the majority of his patients ingest 
non-psychoactive, fresh leaves.

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

Allman received a few hisses from the audience when he stated, "I 
would like to think my deputies are not arresting innocent people." 
He said if a grower was discovered to have a five-plant overage, 
"we're probably going to ask which five plants you're going to cut 
down." Under the nuisance ordinance, qualifying residents in 
unincorporated areas may grow up to 25 plants per parcel, with a 
rigorous, 23-point exemption process available for those who wish to 
grow up to 99 plants.

Allman encourages his deputies to record interactions with growers, 
stating dashboard digital recorders are installed on deputy vehicles. 
He dismissed the idea of seized cash disappearing into the hands of 
unscrupulous officers as "urban legends," saying the FBI has access 
to departmental records, and that receipts for seized property should 
routinely be provided to property owners.

Supervisor Pinches postulated that small growers are going to be held 
much more accountable for illegal water diversion. "We're going to 
see people get into more trouble about water in the future," he suggested.

District Attorney candidates Matt Finnegan, Meredith Lintott and 
David Eyster discussed putting charging policies in writing, with 
Finnegan suggesting he preferred a "six-plant per patient" policy. 
Lintott explained she had prior problems with written policies. 
Eyster affirmed the need for general guidelines. Lintott mentioned 
staff is currently rewriting and reviewing an in-house policy manual 
that would not be made public.

Candidates discussed how incomplete communication between the DA's 
office and defense attorneys results in innocent people being 
prosecuted. Lintott described a two-year-old case only recently 
identified by the defense attorney as a legal medical marijuana operation.

"This shows a broken system," says Eyster, who, if elected, says he 
would look at cases up front and not after charging. "This District 
Attorney doesn't understand that folks are being prosecuted who 
shouldn't be," said Eyster.

Candidates generally agreed legal collectives have the right to 
transport aggregate amounts of cannabis to members. Sheriff Allman is 
discussing the concept of "trip tickets" with local police chiefs, 
which could enable groups such as the Mendocino Farmers Collective to 
legally transport cannabis from garden to patient.

Finnegan would like to see asset forfeiture money used to curtail 
substance abuse. "It's an absolute conflict of interest to pay 
people's salaries with asset forfeiture money," says Finnegan, who 
wants asset forfeiture tied to criminal convictions. Lintott said 
funds are used for crime prevention such as Teen Court, and states 
applications are available to organizations wishing to apply for 
forfeiture dollars - a fact contested by Eyster.

Lintott confirmed a "Bear Cat" recovery 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. 
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MAP posted-by: Richard Lake