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
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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.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Ukiah Daily Journal
Author: CAROLE BRODSKY
Copyright: 2010 The Ukiah Daily Journal
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
Advertisement
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.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Ukiah Daily Journal
Author: CAROLE BRODSKY
Copyright: 2010 The Ukiah Daily Journal
