California, Ukiah

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<span class=postbold>See Also</span>: Mortorium from 17 May 06 through 15 May 07, passed 19 Apr 06

Matter of Fact: Pot advocates, officials must see eye-to-eye

By SETH FREEDLAND/The Daily Journal

This past Wednesday, about 40 residents gathered at the Ukiah Brewing Company to kick off the formation of a Medical Marijuana Advisory Board.

The development may come as a surprise to City Council enthusiasts who recall the council roundly rejecting a similar creation months ago. The Citizens Advisory Board concept was discussed but never adopted by councilmembers -- despite strong recommendations from various officials, most notably Planning Commissioner Judy Pruden.

The CAB was proposed as an "educational component" of the marijuana cultivation ordinance as a means to moderate disputes between patients and neighbors. The board saw some communal support -- including from the Ukiah Daily Journal's editorial page -- but councilmembers put the kibosh on the notion by passing the ordinance without the CAB on Feb. 15.

Problems stemmed, as they seemed to do frequently, from faulty communication from pro-medical marijuana advocates and city officials. Despite reasoned concerns of the costs and personal safety with moving all pot-growing indoors, advocates did not respond in the Feb. 4 public comment period to concerns of public safety and focused on more general matters like the CAB. Councilmembers were understandably less-than-enthusiastic to give up dispute mediation to a citizen group, and rather brusquely dismissed that request.

It seemed to me then that if the medical marijuana advocates had logically tackled the council members' public safety worries -- and then explained the benefits of the CAB -- the idea may have had a fighting chance. But marijuana-rights rhetoric clouded the brief debate and it was too easy for councilmembers to dispense with the notion.

Now we find ourselves with this modified MMAB, which aims to focus on all of Mendocino County. It will be difficult for county and other officials to ignore this group. Its advisory panel includes, in part, Pruden, County Clerk-Recorder Marsha Wharff, Fort Bragg County Planner Paula Deeter and former Sheriff Tony Craver, who will serve as chairman.

The group wants to become a "policy-advising organization" on all marijuana issues countywide. This may seem like quite a request, but at second look the goal is actually less than the original dispute-mediation purpose of the CAB. But if the Ukiah City Council's quick dismissal of the first version is any indication, the tone and method by which the MMAB communicates its desire to be useful will be crucial.

One councilmember said the original CAB appeared to be intended as an alternative for regulations the council was adopting. But a medical marijuana advocate told me that belief, while understandable, was errant.

There's little doubt in my mind that one of the biggest hurdles to effective medical marijuana policies is the dialogue between these two groups. The pro-pot residents are too quick to defend the more ethereal benefits of marijuana, and have trained officials to be too quick to block out the bombast. The MMAB's next step -- beyond that of its next meeting, on May 17, 2 p.m. at "Area 101," 10 miles north of Garberville -- is crucial. How will it request a partnership with the Board of Supervisors after the failures at the city level? How receptive will supervisors and county officials be to a citizen's advisory group on this difficult issue?

Some have suggested the MMAB spend its energy focusing on specific areas, like community education, criminal justice fine-tuning or exploring draft regulations for new cannabis clubs, which are currently under moratorium in Ukiah. But regardless of what path the MMAB takes, its leaders must accept the potential for concerns over public safety and come up with a reasoned response.

The Board of Supervisors can easily ignore the MMAB and render it useless. But the thinking here is that the county would benefit more from maximizing the benefits it offers. A strong partnership between the county and this advisory board could go a long way toward a medical marijuana policy more agreeable to both sides -- and shouldn't that be the ultimate goal?

Seth Freedland wonders how many "City Council enthusiasts" there really are. He guesses seven. If you have a question, comment or story idea please contact him at udjsf@pacific.net .

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Article Last Updated: 07/25/2006 08:28:58 AM PDT

Board begins talks on marijuana issues

By KATIE MINTZ The Daily Journal

Told it should set growing limits

Described at its outset as an "informative and educational discussion focusing on local county impacts of marijuana in our community" by Jennifer Wyatt of the county executive office, the Board of Supervisors' Marijuana Workshop on Monday left nearly as many questions as were answered.

The meeting, held in a cramped conference room filled by nearly 40 audience members at times, covered a wide array of marijuana-related topics including the differentiation of issues surrounding marijuana for medicinal purposes and its illegal counterpart.

At its conclusion, the Board of Supervisors asked the county executive office to work with County Counsel to prepare an outline of what was said at the five-hour meeting and make recommendations as to what possible actions the board could take in the future regarding a number of the concerns considered during discussion.

Some of the medicinal marijuana-related issues included whether or not the Board should create countywide policies defining the allowed locations for dispensaries and gardens, what "seriously ill" as stated in the State's Compassionate Use Act of 1996 means, and the amount those with doctors' recommendations can rightfully possess.

The Compassionate Use Act (Proposition 215), which gives "seriously ill" patients and their caregivers the right to cultivate and possess marijuana, allows for counties and cities to pass guidelines exceeding its limits of 8 ounces of dried marijuana and six mature or 12 immature plants in maximum possession per patient.

District Attorney Norm Vroman said that Mendocino County does not prosecute medical marijuana patients or their caregivers that possess no more than a growth canopy of 100 square feet and 2 pounds of dried marijuana, figures that were specified by Vroman and former Sheriff Tony Craver.

County Counsel Jeanine Nadel, however, suggested that per SB 420, a 2003 bill that addressed anomalies in the Act, county limits should be set by the supervisors.

"Since SB 420, it's really now up to the Board of Supervisors to adopt by resolution any guidelines that exceed what's currently in the code, and that hasn't happened yet," Nadel said. "I would strongly recommend that you have a discussion with the sheriff and district attorney about that."

In the realm of the illegal marijuana industry, which Supervisor Hal Wagenet estimated accounted for 90 to 99 percent of all marijuana grown in the county, environmental and public safety issues were discussed.

While both Sgt. Rusty Noe, commander of the County of Mendocino Marijuana Eradication Team, and Assistant Agricultural Commissioner Tony Linegar were hesitant to put a dollar amount on the marijuana industry in Mendocino County, some gave an estimate of $1.5 billion. The impact on the environment is also great, John Rogers, director of environmental health for the Mendocino County Department of Public Health, said.

According to Rogers, large marijuana farming operations often use diesel-powered generators to run growing lights. The diesel, usually stored in tanks meant for other purposes, can leak and cause soil contamination and water contamination. In one instance, it cost $650,000 to remove 200 truckloads of contaminated soil.

Many county departments present at the workshop also spoke to safety issues related to marijuana farms. Marsha Wharff, speaking on behalf of the Assessor's Office, and Chief Probation Officer Wes Forman cited concerns of going into the public -- especially rural areas -- with marked county cars for fear of negative response by marijuana farm operators. Director of Public Health Carol Mordhorst also mentioned the dangers that pit bulls used to guard farms present, saying that those that escape or are let loose after harvesting injure people and livestock.

Many members of the public spoke and asked questions of the county officials and city representatives such as Willits City Manager Ross Walker and Ukiah City Councilman John McCowen that spoke at the workshop. Both Willits and Ukiah have implemented zoning ordinances restricting the growth of medicinal marijuana to indoors in city limits.

Chairman of the Board Supervisor David Colfax suggested the county not take on issues out of its control and deal with problems in the county a piece at a time.

"We are getting into a very difficult area when we start taking on the medical problems of medical marijuana and the criminal problems of criminal marijuana and start mixing them up, so lets delineate sets of problems that we need to deal with and go at it full speed, but with all deliberate speed," Colfax said.

Colfax said he would set a date for further discussion after receiving options for action from the County Executive Office and County Counsel.

Katie Mintz can be reached at udjkm@pacific.net.

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Article Last Updated: 09/29/2006 09:04:46 AM PDT

Decade of Prop. 215

By BEN BROWN
The Daily Journal


<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg src=bin/marijuana_grow-room.jpg></td></tr><tr><td class=postcap>A city ordinance established last year made it illegal for medical marijuana to be grown outdoors in Ukiah, pushing growing indoors. This year, the number of complaints about outdoor odors has decreased. (Submitted photo)</td></tr></table>It has been 10 years since the voters of California passed Proposition 215, the Compassionate Care Act, that legalized the growing and use of marijuana for medical purposes.

Since then, cities and counties have worked to manage this activity with tactics ranging from control ordinances to outright bans.

"What they are trying to do is fit it to their communities," said Dane Wilkins, executive director of the National Organization for the Reform of Marijuana Laws

The growth and sale of marijuana has been a cause of friction, especially in cities. In 2005, the Ukiah City Council passed an ordinance that restricted the number of plants a patient could grow within city limits to six adults or 12 juveniles.

It also required that plants be grown inside because of a skunk-like odor that spread through the city during harvest season, prompting complaints to both law enforcement and air quality officials.

Acting Air Pollution Compliance Officer Chris Brown said, since the ordinance passed, there seems to have been a drop-off in reports from within the city of Ukiah.

"There was maybe one, and it wasn't verified," Brown said.

Brown said Air Quality has received between 12 and 14 verified odor complaints for marijuana in the county this year. This is opposed to the 30 documented complaints brought to the council in October 2005, when the ordinance was being discussed.

"It seems to have, if not solved the problem, pushed it indoors," Brown said.

"In retrospect it was a good thing, because it got folks thinking about how to do it right." Wilkins said of the ordinance

The ordinance has worked to regulate marijuana growing in the city and encouraged those who were growing excessive amounts to move on, Wilkins said

While the ordinance may have had some positive effects, Wilkins said forcing people to grow their marijuana inside can also be a hardship on people who are already sick.

He said indoor gardens can be difficult to assemble and maintain because they require chemicals and sunlamps to keep the plants alive.

Wilkins said he believes the ordinance has served its purpose and that he would like to see it lapse.

According to medical marijuana advocates Americans for Safe Access, there are approximately 200,000 Californians using medical marijuana for treatment, served by an estimated 200 storefronts and countless private gardens.

Besides the smell, there have also been concerns about crime that growing marijuana may attract.

According to the Mendocino County Sheriff's Office, an average plant can produce up to one pound of processed marijuana, which can have a street value of up to $4,000 in an already established market, providing plenty of incentive for some to grow more marijuana than they need and for others to rob medical gardens.

Such a theft occurred last week in Laytonville, when five Bay Area men allegedly robbed a medical garden at gunpoint. Suspects were later arrested by sheriff's deputies.

In March of this year, a different group of men attempted, unsuccessfully, to rob a Laytonville cannabis club. Suspects were arrested in that case as well.

However, things do not always end so well. In November of 2005, Laytonville resident and owner of two medical marijuana dispensaries, Les Crane, was shot and killed in his home and an unknown quantity of marijuana taken. No one has been arrested in connection with that case.

"All gardens are susceptible to thievery, which often leads to violence," said MCSO Capt. Kurt Smallcomb at the time of the arrests.

Citing the potential criminal risk, six counties and 71 cities, including Livermore, Antioch, Pinole, and Dublin, have placed moratoriums on medical marijuana dispensaries.

In April of this year, the Ukiah City Council voted on its own moratorium on new dispensaries, extending it until May 17, 2007. The Willits City Council was considering a moratorium on Thursday.

However, it is San Diego County that has taken the most aggressive step to control the distribution of medical marijuana, filing a federal lawsuit against the state.

The suit stems from a 2003 amendment to Proposition 215 that directed county public health departments to issue identification cards to medical marijuana users. But, the real issue is whether or not the state has passed a law that is in violation of federal law.

San Bernardino and Merced counties have joined the suit as plaintiffs. A hearing is scheduled for November in San Diego Superior Court.

Wilkins said he isn't worried about the lawsuit because he expects the counties to lose.

"I don't see medical marijuana going away," he said. "There is a big battle going on."

Ben Brown can be reached at udjbb@pacific.net. The Associated Press contributed to this report.

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City pot garden raided

By BEN BROWN The Daily Journal
Ukiah Daily Journal
Article Last Updated: 10/17/2006 08:44:20 AM PDT


<span class=postbold>Brothers arrested</span>

<table class=posttable align=right width=235><tr><td class=postcell><img class=postimg src=bin/ukiah_raid.jpg></td></tr><tr><td class=postcap>Ukiah Police Sgt. Justin Wyatt and COMMET Deputy Butch Gupta remove processed marijuana from a house at 106 Gardens Avenue, Monday.</td></tr></table>Gardens Avenue is a quiet residential street. There is an elementary school one block over and in October, the leaves turn, fall, and gather in the gutters.

The only things breaking the illusion Monday morning were the police cars blocking both ends of the street and the overpowering smell of marijuana.

Officers from the Ukiah Police Department, with help from the County of Mendocino Marijuana Eradication Team, served search warrants on 106 and 130 Gardens Ave., neighboring houses owned by Ukiah resident Memo Parker.

Officers briefly blocked both ends of the street to vehicle and foot traffic while they served the warrants.

Memo, 36, and his brother Mark Parker, 45, both of Ukiah, were arrested on suspicion of cultivation of marijuana for sale and possession of marijuana for sale. Officers seized 190 mature marijuana plants growing in the backyards of both homes, as well as an additional 262 smaller "clone" plants.

"This is the most blatant marijuana grow in city limits" said UPD Capt. Trent Taylor.

Officers also seized 170 pounds of marijuana that was being dried and processed for sale, $1,200 in cash, a BMW and an SUV that belonged to Memo. Taylor estimated the street value of the marijuana seized to be close to $1 million.

Taylor said Memo did have some documentation to show he had the right to use marijuana for medical purposes, but the amount seized is larger than can be grown legally for personal use.

"He could provide no evidence that he could provide to others legitimately under Proposition 215," Taylor said.

The search warrants were issued partially based on multiple calls from neighbors complaining of the smell of marijuana, and more recently on reports that Memo was growing his marijuana outside, in violation of Ukiah city ordinance.

Taylor described the backyard of the 130 Gardens Avenue residence as so thick with marijuana plants that it was difficult to walk through.

When officers started bringing plants out Monday afternoon, many were as tall as seven feet. Taylor said Memo had erected tall fences in the backyard of the house to conceal the plants.

Keith Gordon, who lives on nearby Hillcrest Drive, was one of the people who lobbied the Ukiah City Council for that ordinance. He was glad to see UPD officers raid the garden Monday morning.

"We were going to call the DEA in Santa Rosa," Gordon said.

Another neighbor, who declined to be named for fear of reprisal, said the garden had been an escalating problem since 2001.

"We're very pleased this is happening," she said. "We've been putting up with it long enough."

As operations wore on through the morning and into the afternoon, neighborhood residents stopped to stare in amazement at the amount of marijuana coming out of the house, and to thank officers.

One woman, a teacher at nearby Yokayo Elementary School, told officers she could often smell the marijuana from her classroom a block away.

Mendocino County Deputy District Attorney James Nerli was on site for service of the search warrant and the eradication. Nerli said he would be prosecuting the case but said he did not have an official comment.

Memo and Mark were both booked into county jail where they are being held on a $150,000 bond each.

Ben Brown can be reached at udjbb@pacific.net

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"One-hundred and fifty-thousand dollars is the benchmark figure in Mendocino County for this kind of behavior," Newman said.

Bail halved for Parker brothers

By BEN BROWN/The Daily Journal
Ukiah Daily Journal
Article Last Updated:10/21/2006 04:02:51 PM PDT

Bail for Memo and Mark Parker was reduced during a Friday hearing, after their attorney, Katie Lerman, failed to get the two released on their own recognizance.

The brothers have been jailed since Monday, when a search warrant was served at their residences, and more than 400 marijuana plants and 170 pounds of processed marijuana were seized.

"I believe this is a 215 (medical marijuana) case," Lerman said. "I believe the evidence is overwhelming in my clients' defense."

Mendocino Superior Court Judge Cindee Mayfield reduced the two Ukiah residents' bail from $150,000 each to $75,000 each.

In arguing for her clients' release on their own recognizance, Lerman said the high bail was "punitive" and an example of "selective prosecution."

She said bail was set unusually high because of the fear expressed by Memo and Mark Parker's neighbors. She said it's illegal for the court to sustain unnaturally high bail based on that fear.

"One-hundred and fifty-thousand dollars is way higher than is necessary to assure their appearance in court," Lerman said.

She cited a case heard in Sacramento in 2001 in which suspects with prior criminal records, in possession of a large amount of marijuana as well as several firearms, had their bail set at $30,000.

"In that case there was considerably more marijuana than in this one," Lerman said.

Deputy District Attorney James Nerli argued that, in that case, there was evidence that the suspects were operating a marijuana growers cooperative. There is no such evidence in this case, he said.

According to Ukiah Police Capt. Trent Taylor, Memo Parker had paperwork allowing him to use marijuana for medical reasons but not to grow marijuana for others.

Deputy District Attorney Brian Newman argued that $150,000 is not an unreasonable bail for this kind of arrest, noting that Ukiah resident Steven Lance Berry was held on $150,000 bond for similar charges.

"One-hundred and fifty-thousand dollars is the benchmark figure in Mendocino County for this kind of behavior," Newman said.

He said cultivating large amounts of marijuana creates a hazardous situation and can attract a criminal element, citing the robbery of a medical marijuana garden in Laytonville last month by five men armed with machine guns and the death of two Covelo residents in June near a 5,000 plant illegal marijuana grow.

Newman also said that Memo Parker's garden has already attracted violent behavior. In 2004, Memo Parker was shot in the hand by an unknown assailant who was attempting to rob his backyard marijuana garden, Newman said.

Lerman said Memo Parker had told her he believed the suspect was not attempting to rob the marijuana garden but was simply armed and under the influence of drugs.

The District Attorney's Office also disputed the claim that Memo and Mark Parker were growing marijuana legally under Proposition 215. Nerli said the sheer amount of marijuana seized from the houses by the Ukiah Police Department was more than what is necessary for personal use and that the brothers must have been selling it.

"There is no way in the world these two people could have smoked that much marijuana in a year, or two years, or five," Nerli said.

Lerman said there are many uses for marijuana besides smoking and so it is not inconceivable that the Parker brothers could have used it all.

Nerli said he had intended to file an amended complaint containing additional charges Friday. Lerman objected that she had not been given enough time to study the amended complaint.

Mayfield agreed and said Nerli could file his amended complaint at the pre-preliminary hearing scheduled next week.

The brothers were arrested Monday and charged on Thursday with possession of marijuana with intent to sell, cultivation of marijuana and management of a location for the production of a controlled substance. Memo Parker was additionally charged with possession of concentrated cannabis.

Their preliminary hearing is scheduled for Wednesday.

Ben Brown can be reached at udjbb@pacific.net.

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Parkers stand trial on pot charges

By BEN BROWN The Daily Journal
Ukiah Daily Journal
Article Last Updated: 10/27/2006 08:58:19 AM PDT

Mendocino Superior Court Judge David Nelson found Thursday there is sufficient evidence to hold Memo and Mark Parker for trial on some of the charges filed against them in connection with a search warrant served on two houses on Gardens Avenue.

Memo Parker will stand trial on charges of possession of marijuana for sale, cultivation of marijuana for sale, management of a location for the production of a controlled substance, possession of concentrated cannabis and one count of failure to file a tax return.

His brother, Mark Parker, will stand trial on charges of possession of marijuana for sale, cultivation of marijuana for sale and management of a location for the production of a controlled substance.

"The amount of marijuana here seems to be much higher than needed for medical use," Nelson said.

During the service of a search warrant Oct. 16, law enforcement officers seized more than 400 marijuana plants and 170 pounds of processed marijuana from houses owned by Memo Parker at 130 and 106 Gardens Ave.

The brothers' attorneys, Edie Lerman, representing Mark Parker, and David Nick, representing Memo Parker, both contend the brothers were growing marijuana for medical use.

County of Mendocino Marijuana Eradication Team commander Rusty Noe testified that by his estimation, the combined weight of processed and growing marijuana was more than necessary for medical use.

"What we discovered was excessive," Noe said.

Nick questioned Noe's estimation of how much marijuana a given plant would have produced. Noe testified that he did not look at every single plant and that he did not harvest any of the plants to see if his estimations were correct.

Nick also entered into evidence a document signed by Dr. Jeffrey Y. Hergenrather that said Memo Parker's medical condition allowed him the right to possess more marijuana than is permissible under state law.

Lerman said Mark Parker had a similar document but did not produce it for the court.

In Mendocino County, patients are allowed to possess roughly two pounds of marijuana for medical purposes, and Mendocino County allows patients to grow a 10-by-10 foot canopy of marijuana for medical purposes.

Noe also testified that 32 pounds of processed marijuana in bags was seized from one of the houses on Gardens Avenue. Noe said the marijuana had been separated in bags of differing weights ranging from two pounds to one ounce.

Noe testified he did not observe Memo or Mark Parker sell marijuana to anyone and did not investigate who they might have sold marijuana to.

As evidence of failure to file tax returns, Deputy District Attorney Brian Newman presented copies of documents from the state Franchise Tax Board, which showed no record of a tax return filed by Memo Parker between 2001 and 2005.

Nick said the court could not infer from that evidence that Memo Parker had fraudulently failed to file a tax return when it is possible that he simply did not make any money during those years.

Newman cited the $22,000 seized from Memo Parker's bank account and his ownership of two houses and a 1997 BMW sedan and a 1999 GMC as evidence of an income.

Newman also cited evidence gained from an investigation of utility bills for 130 Gardens Ave. as evidence of a significant and unreported income.

Ukiah Police Sgt. Justin Wyatt testified that, between August 2004 and September 2006, those monthly bills were regularly in excess of $1,000. Nick questioned the accuracy of those documents.

Nelson said the court could infer an income for fiscal year 2005 and hold Memo Parker to answer on charges for that year, but that there was not sufficient evidence to infer the same for previous years.

Memo and Mark Parker are scheduled to be arraigned on the listed charges at 10 a.m. Nov. 9.

Ben Brown can be reached at udjbb@pacific.net.

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Ukiah man robbed at gunpoint

By BEN BROWN The Daily Journal
Article Last Updated:12/12/2006 08:49:54 AM PST


<span class=postbigbold>Pot, cash stolen</span>

An armed robber stole $10,000 in cash and two pounds of marijuana from a Ukiah home Friday, after threatening the home's resident with a gun.

According to reports from the Mendocino County Sheriff's Office, the victim, who is described only as a white, male adult, responded to a knock on the door of his home in the 2300 block of South Dora Street at 9:45 p.m. Friday.

Upon opening the door, the victim was confronted by the suspect who threatened the victim with a handgun and demanded entry into his home.

The victim complied and the suspect entered the home and stole $10,000 and two pounds of marijuana from the victim's safe before fleeing the scene.

Sheriff's Capt. Kurt Smallcomb said it is not known if the suspect and the victim knew each other, but given that the money and drugs were taken out of a safe, he said it is likely the suspect had some knowledge of the victim's house.

Smallcomb said the victim in this case was authorized to have medical marijuana in his home. The victim's identity is being withheld because the case is still under investigation.

No arrests have been made.

Ben Brown can be reached at udjbb@pacific.net

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Article published - Jan 23, 2008

Ukiah fire captain, 2 others face pot charges

By Glenda Anderson
THE PRESS DEMOCRAT

A veteran Ukiah fire captain was arrested for marijuana cultivation at her home in Ukiah's west hills, an indication of how deeply rooted the marijuana industry is in Mendocino County.

Deputy Fire Marshal Teri Israel, a 13-year employee with the Ukiah Fire Department, and two other people at her home were arrested for marijuana cultivation Friday afternoon, said sheriff's Lt. Rusty Noe.

Law enforcement officials confiscated 648 plants of varying sizes from inside Israel's Canyon Court home when they went there to serve a probation violation arrest warrant for her daughter, who was not there, Noe said.

Noe said he's not surprised when established members of the community are involved in marijuana production. Israel's is the third marijuana case involving well-known Ukiah-area residents since November.

"It's ingrained," Noe said.

About half of the plants seized at Israel's home were seedlings. The rest were about a foot tall, said Cmdr. Bob Nishiyama of the Mendocino Major Crimes Task Force. About a pound of processed marijuana also was found, he said.

Israel could not be reached Tuesday for comment.

Ukiah Fire Chief Tony Clarabut said he can confirm only that an employee of the department is on administrative leave pending an internal investigation.

Israel was not booked into the county jail. She was released on a citation for marijuana cultivation, Nishiyama said. Citations are commonly issued in connection with pot cultivation, largely because of the confusion surrounding medical marijuana laws, he said.

The citations are forwarded to the District Attorney's Office, where a decision is made whether or not to file charges.

The District Attorney's Office had not received the citations as of Tuesday, District Attorney Meredith Lintott said.

In addition to Israel, her son, Eric Weston, and another man, Victor Villalobos, were arrested. They received February court dates.

Villalobos claimed he had a medical marijuana card and that the plants were being grown for him, Nishiyama said.

Israel's is the latest in a string of high-profile marijuana cases in Mendocino County.

Laura Hamburg, a Ukiah activist and daughter of former Rep. Dan Hamburg, is facing felony marijuana cultivation and distribution charges following an October raid on her rural home, where an estimated 50 pounds of processed pot and about $10,000 in cash were allegedly found.

Hamburg reportedly has claimed the marijuana was being grown for medicinal use. A preliminary hearing on her charges is scheduled Thursday.

In November, sheriff's deputies seized 39 pounds of dried pot from the Redwood Valley home of Sherylin Young, the budget and finance officer for the Mendocino County District Attorney's Office.

Because of her connection with the District Attorney's Office, the case was sent to the state Attorney General's Office for review, Lintott said.

Young remains on administrative leave while the case is pending, she said.

You can reach Staff Writer Glenda Anderson at 462-6473 or glenda.anderson@pressdemocrat.com.

<hr class=postrule><center><small>Last changed: Jan 23, 2008 © The Press Democrat. For copyright information view our User Agreement</small></center>

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Article published - Feb 26, 2008

Man arrested for pot, again


BY Glenda Anderson
THE PRESS DEMOCRAT


Less than two months before his trial for cultivation of marijuana for sale, a Ukiah man was arrested again Monday with almost 300 marijuana plants growing in his house and more than 30 pounds of processed marijuana.

Memo Parker, 37, has been a thorn in the side of his neighbors and a reason cited by Ukiah officials when they implemented pot ordinances limiting to 12 the amount of medical marijuana that can be grown per parcel.

“It’s a good example of why we have the ordinances,” said Ukiah Police Chief Chris Dewey.

Neighbors for years have complained about the overwhelming stench of marijuana gardens and voiced concern about violence after a would-be marijuana thief shot Parker in the hand in 2004.

Parker was arrested on pot cultivation and sales charges in 2006, but his 2007 trial ended in an 11-1 hung jury.

The District Attorney’s Office refiled the charges and he’s scheduled for a new jury trial in April.

The warrant served on Parker’s home Monday stemmed from neighbor complaints and from his electrical usage, which was about six times what would be normal for his home, said Mendocino Major Crimes Task Force Commander Bob Nishiyama.

Parker was booked Monday on suspicion of marijuana cultivation, cultivation for sale and committing a new offense while on bail.

He’s being held on $100,000 bail. Before he makes bail, he must prove the money does not come from illegal endeavors, Nishiyama said.
© www.pressdemo.com

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Activist's pot case halted

By MIKE GENIELLA
THE PRESS DEMOCRAT
February 28, 2008


UKIAH - Prosecution of community activist Laura Hamburg on felony marijuana charges screeched to a halt today after a Mendocino County judge ruled authorities illegally obtained a search warrant.

Hamburg, her family and supporters were jubilant about the decision of Judge James Luther, a retired Superior Court judge appointed to hear the case. Prosecutors have until March 13 to decide whether they will attempt to proceed with prosecution in the high-profile case based on sharply restricted evidence.

“People think I’m some kind of big-time grower, but I’m not. It was just a family operation,” said Hamburg after today’s hearing.

After Luther announced his decision, Hamburg was embraced by her father, former Rep. Dan Hamburg, D-Ukiah. A swarm of family members, friends and medical marijuana advocates surrounded her in the courtroom.

Defense attorney Keith Faulder, a former county prosecutor who’s gained prominence in the medical marijuana field of law, said he believes the case is over.

“As far as I’m concerned, they don’t have any evidence now to move ahead,” said Faulder.

Following the hearing Deputy District Attorney Scott McMenomey said, “We’ll have to wait and see what happens.”

Authorities last October raided a Hamburg family compound on Boonville Road south of Ukiah, and reportedly discovered 39 marijuana plants under cultivation, 50 pounds of processed pot, and about $10,000 in cash. The processed pot and money were found in a small home occupied by Laura Hamburg. The property is owned by former congressman Hamburg, and his wife Carrie.

Laura Hamburg admitted growing the marijuana but said she and a sister, Elizabeth Hamburg, and another resident on the Hamburg property, Jean North, were doing it together in accordance with local medical marijuana policies.

In the Hamburg case, the number of licensed medical marijuana card holders is crucial in the case because of the plant volume. Under county rules, a licensed medical marijuana provider can grow up to 25 plants. With a total of three growers involved at the Hamburg site, the allowable number would total more than what deputies found.

But a sheriff’s investigator in a sworn statement in support of a search warrant told the initial judge involved in the case that only Hamburg was believed to be involved. Judge Luther ruled that because Hamburg and her partners had in fact provided deputies with county-issued marijuana identification cards the day of the raid, the judge issuing the warrant had been deceived.

“Based on the evidence presented today, I don’t believe the warrant would have been issued,” said Luther.

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Former Ukiah medical pot dispensary owner wins court case

By K.C. MEADOWS The Daily Journal
Updated: 10/22/2009 12:01:12 AM PDT


A former Redwood Valley resident and owner of a former Ukiah medical marijuana dispensary won his case against the federal government and the Los Angles Police Department after his LA-area dispensary was searched and almost $200,000 in cash confiscated.

Scott Feil, who now lives in Upper Lake, was CEO of the United Medical Caregivers Clinic in LA when it was raided in 2005 after an LA police officer smelled marijuana smoke coming from the clinic and saw people coming out with small paper bags.

The LAPD got a search warrant and raided the clinic, taking hundreds of pounds of marijuana and other products and $186,416 in cash.

The case was later taken over by the federal government and ended up before the 9th Circuit Court of Appeals, which ruled Tuesday that the search of the premises was illegal and therefore Feil's clinic should not forfeit the cash.

The court's ruling began with an explanation that in the state of California, medical marijuana is legal, while the federal government continues to treat marijuana as a serious illegal drug and does not recognize it as medicinal.

"This difference lies behind the civil forfeiture case before us," the court wrote.

"Although the LAPD secured a state court warrant for the search, the Department failed to inform the issuing court of extensive evidence that UMCC may have been operating in accordance with California's medical marijuana laws. ...On UMCC's motion the District Court suppressed the currency as evidence, holding the search to have been illegal. The District Court held, however, that the government had sufficient evidence, independent of the currency itself and of any other evidence tainted by the illegal currency search, to initiate the forfeiture action against the currency.

"We conclude that the evidence relied upon by the District Court was itself tainted by the illegal search and should be suppressed, and that without the suppressed evidence the government lacked probable cause to connect the defendant currency to a violation of federal law. We thus reverse the judgment of the District Court and remand for further pro- proceedings."

The court added that it was uncomfortable with the motivation of the LAPD in that it would get most of the money for itself in a traditional deal with federal prosecutors over the splitting of forfeiture assets.

Feil is no longer with the clinic. He was among five people arrested in August in a DEA marijuana raid in Lake County.