Pubdate: Sat, 13 Apr 2013
Source: San Francisco Chronicle (CA)
Copyright: 2013 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Bob Egelko
Page: C1

FEDS DROP BID FOR GROWER IDS

Federal prosecutors have dropped their demand for the names of 
medical marijuana growers who took part in a unique Mendocino County 
program that let cultivators buy county permits for up to 99 pot plants.

The prosecutors' action was reported Friday in federal court in San 
Francisco. The county halted its permit program under federal 
pressure last year.

Mendocino allowed residents, starting in June 2010, to grow up to 99 
marijuana plants on their property, subject to inspection by the 
sheriff's office, and required them to buy zip ties at $50 per plant 
to show they were complying with local regulations and the state's 
medical marijuana law.

Threat of legal action

County supervisors suspended the 99-plant program in January 2012 
after U.S. Attorney Melinda Haag threatened legal action. It was part 
of an Obama administration crackdown that has led to the closures of 
at least 400 medical marijuana dispensaries in California.

The county has continued a program that allows individuals or 
collectives growing up to 25 marijuana plants for medical use to 
volunteer to buy zip ties.

In October, Haag's office in San Francisco obtained a subpoena from a 
federal grand jury seeking all records of both Mendocino zip-tie 
programs. Supervisors fought the subpoena, and the case was resolved 
Friday after prosecutors withdrew their demands for names, addresses, 
medical records and other identifying information of participants.

The settlement protects "confidential, private medical information of 
medical marijuana patients, cultivators and activists," said Adam 
Wolf, a lawyer for the Emerald Growers Association, which represents 
about 350marijuana growers and supporters.

The county agreed to turn over records of the program's finances, 
inspections and other details. Supervisor John McCowen, who sponsored 
the ordinance creating the program, said it had generated about 
$750,000 in fees from 18 permit-holders in 2010 and about 90 in 2011.

McCowen said the federally imposed shutdown "has had the effect of 
driving medical marijuana back underground" and is hard to 
understand. "If they're looking for drug kingpins, I don't think it 
would be the kind of person who would voluntarily come forward" for 
inspection by the sheriff, he said.

Plea for consistency

County Sheriff Tom Allmanwas also frustrated. "Until the federal 
courts and state courts get some kind of consistency with marijuana 
laws, this type of action is going to continue," he said.

Haag's office had no comment, said spokesman Joshua Eaton.
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MAP posted-by: Jay Bergstrom