Update: Ukiah Marijuana Grower Files Civil Lawsuit From Jail Cell

[Jim Finnel]

A Ukiah man known for his conspicuous pot-growing operations has filed a federal civil rights lawsuit claiming Mendocino County law enforcement officers ignored his request for an attorney while conducting a search of his home in February.

Memo Parker's lawsuit also claims that law enforcement officials conspired to deprive him of his civil rights and that Sheriff Tom Allman has failed to adequately train officers to prevent such violations.

"These acts set a dangerous precedent and also highlight what seems to be a broader pattern within the Mendocino County Sheriff's Department acting through tactics designed to suppress and eradicate lawful medical marijuana within the county," said Parker's attorney, J. David Nick.

Parker, 37, could not be reached for comment. He's been in the Mendocino County Jail since August as part of a plea agreement he made in April.

In exchange for having drug charges against him dropped, Parker pleaded no contest to conspiracy to commit an offense injurious to public health or morals and agreed to sell his two west Ukiah homes and turn over $95,000 of the proceeds to authorities.

He has not sold the homes.

Allman declined to comment on Parker's lawsuit and referred phone calls to Mendocino County Counsel Jeanine Nadel, who could not be reached for comment Tuesday.

The lawsuit seeks an unspecified amount of compensation.

Parker's legal battle is emblematic of the struggle to determine what constitutes legal pot production since voters legalized marijuana for medicinal use in 1996. Parker, who says he grows medical marijuana, has been a central figure in Ukiah's battle over the issue.

Complaints from Parker's neighbors over the stench of Parker's ripening pot and an attempted armed robbery at his home were cited by Ukiah officials when they passed an ordinance that banned outdoor pot cultivation.

Nick said law enforcement authorities have persisted in acting as though all marijuana production is illegal. Law enforcement officials have said Parker has pushed far beyond the limits of the law.

He has twice been arrested for growing more than 200 plants at a time.

Nonbinding state guidelines for medical marijuana production suggest six mature plants per patient.

Nick said large gardens are not illegal, and compensation is acceptable as long as it's not for profit.

When Parker was arrested in February on suspicion of having 300 pot plants and 30 pounds of processed marijuana, he was awaiting a second trial on charges of growing 193 mature plants, numerous starter plants and possessing concentrated cannabis.

Drug charges in both cases were dropped in April in exchange for his plea.

Under the agreement, authorities agreed to return two vehicles -- a BMW sedan and a sport utility vehicle -- and $20,000 in cash seized from Parker's home and bank account. The marijuana and another BMW seized by federal agents during the February raid were not part of the agreement.


News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: PressDemocrat.com
Author: Glenda Anderson
Copyright: 2008 PressDemocrat.com
Contact: Contact Us | PressDemocrat.com | The Press Democrat | Santa Rosa, CA
Website: Ukiah marijuana grower Parker files civil lawsuit from jail cell | PressDemocrat.com | The Press Democrat | Santa Rosa, CA

 

[sicntired]

$95,ooo dollar fine?The bastards take everything you own up here and pot's almost legal.It's a money grab and they put it all on organized crime,which most of the busts are not.It's on the person to prove their innocence instead of the other way around.Like everything in the drug war the cops are despicable and nothing but thieves with a badge.I just can't get my head around the fact that we're still fighting this battle thirty years after a legalisation bill died on the table thanks to our last conservative government.Now this new one is turning the clock back with mandatory minimums and a campaign to stigmatize all drug users as a scourge on society.The scourge is Stephen Harper.

 

[Keith Lake]

I'm for full legalization but this guy is endangering the cause.

He's going to provide ammunition to the prohibitionists that they could use against the wider cause.

30 pounds and 300 plants is too much in my opinion to claim protection using MMJ guidelines.

The legit patients are the ones that we need to stand up for.

 

[sicntired]

We can agree to disagree.I'm for legalization and the government out of my life where personal decisions are concerned.Perhaps the guy was part of a co op grow and did the right thing by keeping others out of it.There's a guy up here in Canada that was caught not only growing for a huge number of people but reducing it to a really thick oil that he distributed for donations.He often gave it away if the people had no money.He claimed it didn't get people high if used properly but they showed the plants and it was huge bud,I doubt it was non intoxicating.The guy did suggest that it worked best topically so who knows.I just am absolutely opposed to prison and seizure of any kind for pot .

 

[Racefan]

I grew up in this town. I know Memo personally. he was selling. unfortunately it's true. He is giving the legit med users a bad name too. i hate to say this but if your going to use the med clause at least stay within the limits set forth for the med use and be a actual med user. The more who abuse the laws and use sb420 and prop 215 as a defense are hurting things for those of us who really need this as medicine. Non med people are getting fed up with things guys. They are tired of seeing huge gardens peeking over the fence and having the people next door getting ripped off due to these plants. They are scared and they have a right to be. Prop 215 was never meant for ANYONE to make a profit or infringe on anothers rights to safety or peacefulness. Things are getting out of hand and I fear that in the long run we are going to lose these new rights we have aquired and it's going to be from the abuse surrounding the med laws and who's really sick and who's out to get high or make money. People see these 20 somethings kids running into these clubs and running back out screaming to their buddies about how it's time to get high. people know that a lot of doctors only care about money and will recommend cannnabis to anyone who wants it. People getting cannabis because they can't sleep or because they have a crampy period fpr a few days are going to make it so that those who really need it for MS or chronic pain or wasting syndrome can't use this great medicine. The majority of people aren't stupid. They can see what's really going on and a lot are getting fed up. IMO it's onloy a matter of time before the backlash starts and we lose what we have gained. and it's the abuse like Memo's and others who only want a profit or to get high that's going to make this happen

 

[sicntired]

I get it now.You have yours and as for the rest of us,too bad.Sorry,I was confused.I thought the idea was for everyone that enjoys the herb to be able to.I apologise for infringing on your "good thing".Here,everyone takes their chances and I'm sure a lot of them are mobbed up or just in it for the cash.That's why some people want to work towards legal pot for everyone.That way no one would grow for profit.But by all means,throw stones from your glass house and good luck with the windows.It isn't safe for anyone anywhere with the DEA acting like a law unto itself.I don't know anything about this case but we have dealt with similar goings on here for twenty years and never once did anyone gang up on anyone else for their own sake.I hope I never live to see that happen up here.

 

[Dr. 215]

The thing no one understands is that argumentation gets us NO WHERE. Debating about the consequences will change laws. And i agree with you racefan, in the 14 states that allow MMJ, a lot of crappy people are abusing the system. But i do not however agree with you that age determines health. Disease knows no age. It is true that the older we get the more sickness comes into our lives, but please respect the fact that there are those who deserve the herb medically that are under 25.

 

[Racefan]

Well the age thing was a example. There are plenty of idiots my age (43) who run out and do the same idiotic thing. As for legalization for all....well i hope it happens. Idoubt it ever will and I truly expect to see the laws we now have in 13 states, the steps we have made just to be able to use this as medicine, to be taken away and destroyed. It's being abused by those hiding behind medical laws and people are seeing this. Mendocino county where Ukiah is, is being overrun with outsiders who are moving there just because the DA and sherriff were easy on growers. All are using prop 215 to grow 50, 100 or even more plants and say it's medicine although they are making money off it instead. Very little to none of this is maing to the clubs. most is sold on the street for profit. That wasn't what prop 215 was designed for. It was for the sick and ill. Whether you like this fact or not it's 100% true. Yes as a med patient I disagree with people hiding behind med laws just to get high. I'd feel the same if it was someone conning a doctor out of pain meds by saying they hurt when they don't just so they can get high. If you want to get high then get high. Don't lie to a doctor just to do this. The backlash doesn't hurt the liar. if they repeal these laws it's not the ones just getting high who suffers. it's us patients whoo pay the price. the ones who follow the rules and guidelines are the ones who suffer. So before you get on your high horse about your rights to get high think aboout what your advocating first. i could care less if you get high. just don't screw with a system I rely on just to get your jollies off of. i'm the one who ends up paying for these jollies. not you.

That's all i'm saying and meant in my post. If your not hiding behind a medical law and abusing the medical marijuana system you have no right to be upset by my opinion or a need to feel guilty. if you are, then my stance stands. I'm entitled to it just as you are yours. I just don't feel the need to be rude to make my point or state my opinion.

 

[Keith Lake]

I thought the idea was for everyone that enjoys the herb to be able to.

I think the herb should be fully legal and I think every adult should have full access to it if they choose to do so.

I'm just suggesting that "for profit" commercial growers stop hiding behind the MMJ laws.

It's actions like these that hurt the movement and could turn the public opinion in the wrong direction; right as we start to gain some real momentum

 

[Diggity Nuggs]

I cant stand the Harper Government forcing us to take two steps backwards.

 

[Racefan]

I think the herb should be fully legal and I think every adult should have full access to it if they choose to do so.

I'm just suggesting that "for profit" commercial growers stop hiding behind the MMJ laws.

It's actions like these that hurt the movement and could turn the public opinion in the wrong direction; right as we start to gain some real momentum

That is exactly my point. i could care less if someone gets high. i encourage it even. I just don't agree with using a med card just to get high. I'm afraid that every legal sick and dieing med user will lose their rights to this medicine if the abuses don't stop by the healthy. That would be a travesty and injustice. Why would some think it's okay to abuse things andtake these chances? Because when the ball drops their butt isn't the one suffering. It's easy to demand and abuse when one has nothing to lose.

 

[Dr. 215]

^^ agreed.

 

[sicntired]

I'm glad to see most people have it together.People move to Mendocino(sp?)because the cops throw you in prison most other places.We get all kinds of Americans coming to B.C. because the laws are more lax.We welcome them,we don't put them down or cheer when they get busted.It sounds pretty selfish to me and believe me my neighborhood is also over run with growers.Makes for a lot of choice and some really good B.C. bud.I don't like the drug squad hanging around either but just because I don't like the drug squad.The growers I don't mind at all.