Pubdate: Sun, 27 Sep 2015
Source: Ukiah Daily Journal, The (CA)
Copyright: 2015 The Ukiah Daily Journal
Contact: http://www.ukiahdailyjournal.com/feedback
Website: http://www.ukiahdailyjournal.com/
Details: http://www.mapinc.org/media/581

PINOLEVILLE ISSUES RESPONSE TO MARIJUANA RAID

Days after the Mendocino County Sheriff's Office raided and 
eradicated nearly 400 marijuana plants on property owned by the 
Pinoleville Pomo Nation, including what was described as a 
"sophisticated honey oil extraction lab," the tribe issued an 
official statement divulging more details on what it plans to do next.

The tribe was served with a search warrant Tuesday by the MCSO, that 
Pinoleville stated in a news release, contained four allegations that 
Sheriff Tom Allman had the right to exercise his authority on 
sovereign lands via California Public Law 83-280.

Pinoleville said law enforcement "seized and destroyed property that 
belonged to the tribe's cannabis collective."

The Sheriff's Office said that after months of "investigative work," 
it determined the grow to be for financial gain and thus against the 
law. Also, the MCSO said during the bust, it believed the tribe had 
been transporting the product between the grow site on Pinoleville 
Drive, to its chemical extraction laboratory on North State Street.

The tribe had said in past months it was going to grow marijuana as 
part of a medical marijuana operation. A Mendocino County ordinance 
provides for a 25-plant per parcel limit for medical marijuana cultivation.

Angela James, tribal vice-chairwoman, believed the "cannabis 
collective" to be lawfully organized as a nonprofit organization 
subject to tribal law.

"We believe the sheriff has overstepped his authority, violated 
tribal sovereignty and acted outside of his legal jurisdiction," James said.

California PL-280 in part provides local law enforcement agencies the 
right to enforce laws on Indian land.

James, via a news release, disputed that PL-280 allows the Sheriff's 
Office to regulate Indian land.

"The law clearly states that any activity that the state regulates, 
such as the operation of cannabis collectives, does not fall under 
the sheriff's jurisdiction," James stated. "Public Law 280 cannot be 
enforced in this instance because operating a regulated cannabis 
collective is not a criminal activity."

Pinoleville stated in its news release that Allman was provided with 
a copy of the tribe's 39-page cannabis ordinance by Mike Canales, who 
serves as the president of the Pinoleville Business Board. The tribe 
stated the ordinance outlines guidelines for safety, security, 
personnel, transportation, distribution and cultivation.

Canales said the tribe had numerous face-to-face meetings with the 
sheriff about the project over many months.

"From the earliest days, we reached out to the Sheriff's Office, 
listened to, and acted upon his recommendations and made a point to 
publicize our project," Canales stated. Advertisement

"Despite our commitment to transparency and willingness to work 
together to assure the community of safety and legality, Sheriff 
Allman entered onto Pinoleville Pomo Nation's Indian lands and 
destroyed property, causing severe economic hardship as well as 
incalculable damage to the tribe's reputation and their relationships 
with project partners."

The tribe's news release stated its intention to "seek all legal 
remedies against the Mendocino County Sheriff's Office" stemming from the raid.

James stated on behalf of the tribe the belief that it wasn't in 
violation of any laws, and that it planned to protect itself 
including having its property returned.

"Our attorneys are solidly behind us in reiterating that cannabis is 
regulated by the State of California, and that Sheriff Allman made a 
grave mistake in invoking Public Law 83-280 to gain access to our 
tribal lands," James stated. "We are not criminals. We are very 
confident that we can demonstrate that absolutely no criminal 
activity was taking place on our Indian Lands."
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MAP posted-by: Jay Bergstrom