Jacob Redmond
Well-Known Member
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.
"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."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Pinoleville Tribe Issues Response To Marijuana Raid
Author: Web Staff
Contact: Contact UKD
Photo Credit: None Found
Website: Ukiah Daily Journal
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.
"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."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Pinoleville Tribe Issues Response To Marijuana Raid
Author: Web Staff
Contact: Contact UKD
Photo Credit: None Found
Website: Ukiah Daily Journal
