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Mendocino County, California, United States
The measure that has been placed on the ballot by the Board of Supervisors is called "Measure B." Please take a look around the blog and help us Save Mendocino County from the “no-limits” marijuana growing that is destroying our community.

YES on Mendocino County - YES on Measure B


MEASURE B-County




Total
Number of Precincts
235
Precincts Reporting
235 100.0 %
Times Counted
28192/47040 59.9 %
Total Votes
27946

YES
14577 52.16%
NO
13369 47.84%

Election Summary Report
COUNTY OF MENDOCINO
STATEWIDE DIRECT PRIMARY
Summary For Jurisdiction Wide, All Counters, All Races
JUNE 3, 2008 FINAL OFFICIAL RESULTS


06/20/08
09:41:00

VOTE YES ON MENDOCINO COUNTY MEASURE B

Thank you from the Yes on B Coalition

Quotes of interest

"...The problem in California is a lack of consistency in the law."

-- Tom Allman, Mendocino County Sheriff, when speaking on marijuana laws (Press Democrat 06/06/07)

“The citizens of Mendocino County deserve clarity with respect to marijuana cultivation limits and enforcement against abuses...”

-- Laura Hamburg, No on Measure B, (March 12, 2008)


On the question of marijuana & methamphetamine in Mendocino County:

DeVall,
Host

“…have you found an interconnectedness?”

Loren,
panel member,

“The connections that I’ve seen with methamphetamine and marijuana is…I was doing runs down to the city with pounds of weed to trade straight across for methamphetamine that I was bringing back, so to say ‘yes' it does fund some of the methamphetamines that are coming into this county, because to trade straight across I mean, we’re bringing huge amounts back for no cash. We are just growing weed and trading it…

--- KZYX , The Access Program live interview, Ukiah CA, 03/07/08

Section 9:
School, district and community barriers to improvements in student achievement:

"The prevalent use and societal acceptance of marijuana is a unique challenge to this area."

--- Dennis Willeford, Principal of Ukiah High School, Single Plan for Student Achievement at Ukiah High School report as revised November 7th, 2007 to the Ukiah Unified School District Governing Board.


"Growers have come to Mendocino County from out of state because they erroneously believe it's legal to grow marijuana there."

--- Susan Jordan, Attorney (Press Democrat 06/06/07)

Wednesday, April 30, 2008

Violent, polluting pot industry

The Willits News

As a physician practicing in Ukiah for the past 45 years, I have witnessed the transformation of our peaceful, beautiful county into a violent crime center of polluting pot production. Medical marijuana contributes to this by becoming a smoke-screen for commercial growing and selling of marijuana in Mendocino County.

The current 25 plant plus two pounds of medical marijuana allowance in Mendocino County is clearly excessive. It encourages, enables, and motivates false medical card abuse for the sake of big profits. It additionally puts more pot into our local area and into the lungs and developing brains of our children and adolescents.

Measure B will close this medical loop hole. Measure B will reduce medical marijuana amounts to the State of California recommended levels that is six adult plants or 12 immature plants plus eight ounces of marijuana for medical purposes. This is more than enough for compassionate use for serious medical illness. Over 40 compassionate Ukiah physicians have endorsed Measure B to restore honesty and integrity to this medical marijuana program and urge you to join them in voting Yes on Measure B. Overwhelming passage will not restore our county to the beautiful, peaceful county of years past. But it is a start.

Please contribute to this start voting Yes on Measure B.

Robert Werra M.D.
Ukiah

4 arrested in meth, marijuana bust at motel

By BEN BROWN The Daily Journal
Article Last Updated: 04/30/2008 08:25:49 AM PDT

In a bust described as puzzling by police, members of the Mendocino County Major Crimes Task Force raided a residential motel in South Ukiah Tuesday morning and seized more than a pound of methamphetamine.

Task Force Commander Bob Nishiyama said the Task Force had been investigating several men living at the Thunderbird Lodge at 2655 S. State St. on the belief that they were selling methamphetamine out of two rooms.

At around 7 a.m. Tuesday, officers served a search warrant on Room 8 and found Antonio Villanueve, 46, and Jose Garcia, 41, in the room. Officers seized 40 small "clone" marijuana plants and three quarters of an ounce of methamphetamine, Nishiyama said.

In Room 17, officers found Victor Ayala, 36, and Jose Quezada, 33, as well as three pounds of marijuana, a quarter ounce of methamphetamine, $19,000 in cash and a shotgun, Nishiyama said.

In Garcia's pocket, officers found the keys to a car parked in the motel parking lot. A search of the car revealed a pound of methamphetamine.

Nishiyama said the four men appeared to be selling methamphetamine in one-tenth of a gram bags, which sell for about $40 each. He said it is unusual to find people selling $40 doses of methamphetamine in possession of such a large amount of the drug as they normally only have an ounce.

"Usually we don't find that much dope where they're selling gram bags," he said.

"Guys selling $40 bags of dope are at the bottom of the food chain," Nishiyama said.

Nishiyama said he didn't know why the suspects had such a large amount of methamphetamine but said it was possible the Task Force had interrupted a delivery, or that there is a glut of methamphetamine in the market, or that the men may have stolen the drugs from someone else.

Garcia and Villanueve were arrested on suspicion of possession of methamphetamine for sale. Additionally, Villanueve was arrested for violating his probation and Garcia was arrested for cultivation of marijuana.

Ayala and Quezada were arrested on suspicion of possession of methamphetamine for sale, maintaining a residence for the sale of methamphetamine and possession of a firearm while committing a felony.

All four were booked into the Mendocino County Jail.

Ben Brown can be reached at udjbb@pacific.net

40% or more of structure fires in Mendocino County caused by indoor marijuana grow operations, says Fire Chief

Anderson Valley fire chief Colin Wilson told a Measure B forum Tuesday night (April 29) that the leading insurance investigator for this region told him that 40% of all structure fires in Mendocino County are caused by indoor marijuana growing operations.

Wilson told the forum that several fire department chiefs believe the figure is too low. Wilson described how recent fires in Anderson Valley from marijuana growing burned not only the grower's property but spread to neighbors' buildings.
Another example of the problem took place on July 23, 2007 when a grower's improperly-installed generator started a fire on Walker Road just south of Willits. Little Lake Fire Department responded and discovered over 300 plants and a whole room full of processed marijuana. They also discovered that the generator fuel supply had been leaking diesel into the ground, eventually requiring removal of 18 cubic yards of contaminated soil.

A sheriff's deputy was called and the grower displayed 19 medical marijuana "caregiver" cards to justify his huge growing operation. After calling his supervisor for instructions, the deputy left without making an arrest or seizure.

This incident is cited by the Yes on B Coalition as an illustration of the countywide crisis in public protection against harmful impacts of commercial marijuana growing. Measure B will provide a voter mandate to law enforcement to stop allowing fraudulent use of the compassionate medical marijuana program as a cover for abusive growing practices.

At the Tuesday forum, fire chief Colin Wilson also criticized the lack of support from marijuana growers for public services like fire protection, since they generally pay no income or sales tax, while they disproportionately utilize fire protection services.

Wilson stated his support for Measure B. Also participating in the forum in support of Measure B were John McCowen, Ukiah City Councilman, and Karin Wandrei, director of the Mendocino County Youth Project. Representing No on B were Pebbles Trippet, a marijuana grower, Keith Faulder, a marijuana defense lawyer, and Dr. William Courtney, a doctor who makes medical marijuana recommendations.

The forum was sponsored by the Anderson Valley Community Action Coalition, a group which complained to the Board of Supervisors on July 13, 2007 that "Currently we have a property adjacent to our elementary school on which medical marijuana is growing right up against the fence. While we support the rights of patients to use medical marijuana, we don't support it at the expense of the rights of our youth to attend school in a drug-free environment."

For more information on Measure B, visit www.YesOnBCoalition.org

Monday, April 28, 2008

Rethinking pot laws Measure amounts to backlash against nation's most liberal regulations

By MIKE GENIELLA
THE PRESS DEMOCRAT

UKIAH -- Laura Hamburg, medical marijuana advocate and daughter of a former congressman, grimaces when she recalls the day she was arrested for growing pot in Mendocino County, long considered one of the most tolerant places for marijuana in the nation.

"Feelings of shame, embarrassment and humiliation overwhelmed me," said Hamburg. Anger soon set in.

Hamburg felt she had followed the letter of the law in a county that eight years ago, with 58 percent in favor, adopted some of the country's most relaxed rules for growing pot for personal use.

But sheriff's deputies who raided Hamburg's marijuana garden last fall claimed they found an excessive number of plants and about 50 pounds of processed pot. Although all criminal charges against Hamburg were later dropped, her case fueled community concerns that local pot production is out of control.

Ukiah businessman Ross Liberty, leading the campaign to repeal current county guidelines in the June 3 primary, said in 2000 he was among voters who supported the current laissez faire pot policies.

"At the time I thought, 'what's the big deal?' "

But since then, he said, surging marijuana production, an influx of outsiders and a perception that violent, pot-related crimes are increasing have changed his mind. "I think many of us realize now it was a big mistake," Liberty said.

For four decades, marijuana has been widely cultivated, used and sold in Mendocino, providing a source of unprecedented wealth in an otherwise poor, rural region.

Even by conservative estimates of a $500 million annual cash crop, marijuana's value dwarfs by at least a 3-1 margin the combined income of wood products, premium wine grapes and all other legitimate agricultural production.

Mendocino's "mom-and-pop" marijuana scene began to change after Proposition 215 -- the landmark medical marijuana initiative -- passed statewide in 1996. Subsequent state legislation protected individuals from prosecution if they had a physician's recommendation for marijuana for medical use, and if the amounts in their possessions were within local guidelines.

In 2000, Mendocino voters took it a step further by becoming the first in the nation to locally legalize marijuana for personal use. Rules under "Measure G" allow 25 plants per person rather than the state standard of six plants. The rules remain in place even though marijuana use and production remains illegal under federal law.

Today, the Mendocino measure is viewed by many local law enforcement officials, educators, community leaders and leading physicians as a failed experiment. They believe it wrongly put out the welcome mat to pot growers under the guise of medical marijuana.

Many residents, however, view medical marijuana as essential to their way of life and argue that repeal of Measure G would only make it easier to subject local patients to arrest and felony prosecution while doing nothing to address the problem of large-scale commercial operations. Repeal only assures a reduction in allowable pot plants, and offers law enforcement no additional ammunition against large-scale commercial marijuana operations.

Hamburg's arrest is one of a string of high-profile cases that have helped stir a public backlash. The latest occurred six days ago when a veteran Ukiah High School teacher and a friend were accused of commercially cultivating marijuana in a converted rental storage unit.

Dr. Robert Werra, a respected retired Ukiah Valley physician, believes current county guidelines should be repealed because they've become a "front for rampant commercial growing."

Willits City Councilwoman Karen Oslund said widespread marijuana cultivation has altered the character of her small town of 5,000.

"I see residences in our town taking on the look of fortresses, with tall fences and intimidating dogs, and realize this is not the town I decided to raise my children in 15 years ago," said Oslund in a statement of support for the repeal effort, Measure B.

Measure B is being debated at forums around the county, including at a recent luncheon in Hopland that attracted county business leaders, top law enforcement officials, political candidates and longtime residents.

Hamburg faced a crowd that was decidely pro-Measure B, but she tenaciously made her argument that the June initiative is a knee-jerk reaction to otherwise legitimate concerns.

To some groans, Hamburg said Measure B, if passed, will be a step backward.

"There's nothing in Measure B that will help law enforcement rid the county of big-time, outside commercial growers, criminals who are the real sources of the problems we face," said Hamburg.

Hamburg, a sister, and a neighbor had medical marijuana identification cards to grow a garden at her home, located on the property of former Rep. Dan Hamburg, D-Ukiah, and wife, Carrie, a cancer patient. Deputies said more than 75 plants were found, but Hamburg's attorney said only 39 existed.

Hamburg decided to head up the opposition campaign after she was cleared of her criminal marijuana charges.

"I thought it was the responsible thing to do. I don't want any other medical marijuana user to experience what I did," said Hamburg.

The opposition's argument on the ballot was framed by Hamburg's mother, county Supervisor David Colfax, folk musician Ronnie Gilbert, and civil rights attorney Susan B. Jordan.

The signers acknowledge widespread community anxiety, but they too argue that Measure B is not the answer.

"Mendocino County sorely needs to regulate large-scale gardens and to attack illicit grows and commercial trafficking. Measure B is a bogus diversion that does neither," according to their statement.

At debates, Laura Hamburg recites local crime statistics compiled by the sheriff's department, figures that show fewer than 1 percent of the 43,500 calls made in 2007 to the dispatch center involved marijuana-related crimes.

But statistics also show that since 2000 the number of marijuana plants seized by local and state authorities has soared in Mendocino County, as it has statewide and in the neighboring counties of Sonoma, Lake and Humboldt.

About 332,000 pot plants were chopped down last year in Mendocino County, nearly 100,000 more plants than the year before. In Lake County the total was 489,000 plants, the most anywhere in the state. Humboldt posted a 271,000 plant total; Sonoma trailed with 138,000.

Law enforcement authorities said the spike in pot seizures primarily is a reflection of its growth as a commercial industry. State authorities estimate that the seizure figures represent less than 20 percent of marijuana being grown.

If Measure B is approved, Hamburg said, she fears local growers will suffer at the expense of big-time operators who are behind the pot explosion.

"All it does is set the stage for more local small-time medical marijuana users like me to get arrested."

Sheriff Tom Allman has declined to take a stand on Measure B, choosing to make methamphetamine-related drug crimes his priority.

New District Attorney Meredith Lintott is supporting Measure B, saying she believes the repeal measure could bring clarity to marijuana prosecution efforts.

Despite its marijuana notoriety, Mendocino is not the only county to allow more pot plants to be grown than state standards.

Sonoma County, where there's an estimated 3,000 medical marijuana users, allows an individual to grow up to 30 plants. Fifteen other counties allow more than the state standard.

"We're not all that unique despite the uproar," said Hamburg.

Hamburg a few years ago led a successful voter drive to ban genetically modified foods in Mendocino County, another national first.

She believes marijuana should be legalized and turned locally into a premium, organically grown product that could generate millions of dollars in new tax revenue.

"Look what the wine industry has done for our county," said Hamburg.

But the recent felony arrests of high school teacher Jeff Burrell and friend Steve Laino on marijuana growing charges has left local residents wondering if the string of high-profile criminal cases will ever end.

Burrell has said he is innocent, but whatever the outcome of his case, some people believe it's yet another example of how pervasive marijuana has become in the county.

Fundamentally, marijuana use is a social issue that affects the entire community, said Ukiah High School Principal Dennis Willeford.

In a talk to school trustees about marijuana's role in the county, Willeford said that its widespread use and general acceptance of marijuana presents "a unique challenge to this area."

You can reach Staff Writer Mike Geniella at 462-6470 or mgeniella@pressdemocrat.com.

Sunday, April 27, 2008

ON THE STREETS - What is your opinion on Measure B?

“I like it, if its actually for personal use how much can you actually smoke in a year?”
Mary Swensen
Nurse
Ukiah

“I think its gotten out of control (Measure G). It would be beneficial if they cleaned the slate and started all over again.”
Melinda Walls
Self employed
Ukiah

“I’m in favor, we have so many problems. Its a sad commentary that citizens feel they have to grow marijuana to make a living.... there are so many other avenues.”
Norma Alessi
Ukiah

“I think its a good idea to get rid of the large growers who came here from out of the area, but I’m not sure Measure B is the way to do it.”
Ross Burkhardt
Retired
Ukiah

“Yes (in favor of B).....I’m a nurse and I don’t believe marijuana does anyone any good medicinally...there are better alternatives. I’m for reducing but none is better.”
Donna McDonald
Nurse
Ukiah

“It personally won’t affect me.... our law enforcement is stretched thin as it is. ...Crimes are gonna happen whether or not there is (legal) marijuana cultivation.
Steven Stewart
Behavior consultant
Ukiah

Ukiah Daily Journal
SUNDAY, APRIL 27, 2008 – A-7

Saturday, April 26, 2008

Busted

By Linda Williams/TWN Staff Writer

What four out-of-towners were thinking before they became guests of Mendocino County, courtesy of the marijuana trade, will likely remain a mystery.

"Hey officer, why are you going my way," shouted Maurice Dandre Barnett, 26, of Salinas, to Deputy Scott Brixie as the deputy pulled into the Tower Mart in Willits the night of April 13, according to reports.

Barnett was putting gas in a white 2007 Pontiac car rented from the Monterrey area. Barnett and Brixie conversed for several minutes before Joseph Leonard Johnson, 25, of Marina, came out of the gas station office and walked toward the car. "I don't know him," Barnett allegedly then told Brixie. Sgt. Michael Davis and partner K-9 Officer Dutch drove up next to pair and Dutch alerted his handler to the possible presence of drugs in the car's trunk.

The subsequent search netted nine pounds of marijuana packaged for sale and about $15,000 in cash. Barnett and Johnson were arrested on suspicion of possession and transportation of marijuana for sale.

A deputy stopped a silver Dodge van with expired tags and broken tail light on Highway 101 near Shimmins Ridge Road the evening of April 19. As the deputy approached the vehicle, the driver, Harmony Blossom, 33, from Los Angeles, appeared to be extinguishing a joint with her foot. According to reports, Blossom told officers she was a yoga instructor from Los Angeles on a mercy mission to assist a pregnant friend in Covelo. The passenger, David Lee Fuller, 30, of Hollywood, told officers he was just along for the ride, having left home in Los Angeles to go to a movie and then on a nature drive.

Blossom told the deputy that while she had a medical recommendation for marijuana use, she had no marijuana in the car. The deputy noted a strong, fresh marijuana smell coming from the vehicle and discovered 10 pounds of marijuana packaged for sale and 11.6 grams of hashish.

Blossom and Fuller were arrested on suspicion of possession and transportation of marijuana for sale and possession of concentrated cannabis. Fuller also had an outstanding warrant from Los Angeles.

Wednesday, April 23, 2008

Yes on Measure B - vandalized & stolen signs

More than 400 Yes On B signs have been put up county wide

We will replace all those that are stolen or destroyed.

Our sign volunteers are hard at work painting more "Yes On B" signs to keep up with sign requests and to replace the 65 signs that have been stolen or vandalized by unknown persons who don't believe in free elections.

Take a stand against the harmful impacts arising from commercial marijuana growing! Request a Yes On B sign by sending us an email at yesonb@pacific.net

For more information about Measure B, visit our website at www.YesOnBCoalition.org.

Supports Measure B

Ukiah Daily Journal Staff

To the Editor:

Many have said it before me, very eloquently I might add. Karen Oslund's letter about how Measure G has failed is an excellent example. A Mendocino County native who left her home here because of the marijuana problem, is another example.

I'm not leaving. I was born and raised in Mendocino County and except for going away to college, I have lived here all my life. This is my county. I have a stake in what happens here and what it's become. That's why I'm helping the fight against commercial marijuana growing by supporting Measure B.

I'm tired, sad and angry hearing stories from friends, family, neighbors and strangers of how commercial marijuana gardens in their neighborhoods are affecting their lives. They are driven inside their homes, shutting tight the windows, unable to conduct their daily lives the way they used to and have the right to. They are threatened and afraid. They have spent their hard earned money on their homes and now find they have to sell and leave. Many have a hard time selling their home for the very same reason they are leaving. I am up against the same problem.

Here, in a nutshell is the problem in Mendocino County. "Through its budgetary authority, the Mendocino County Board of Supervisors shall seek to ensure that the Sheriff's Office and the District Attorney give lowest priority to the enforcement and prosecution of marijuana laws." That is a direct quote from the text of Measure G. That little statement is the
problem in Mendocino County. That low priority needs to go away That low priority is the reason that a Sheriff's deputy was told to leave and make no arrest at the scene of a very dangerous fire on Walker Road in Willits caused by the grower's generator. This grower had over 300 plants and a room full of processed bud -- and waved his 19 caregiver cards. That low priority is the reason this commercial grower walked away. It's a shining example of what happens over and over in Mendocino County.

That low priority is the reason people in neighborhoods all over this county are suffering with marijuana gardens just over the fence and law enforcement walks away. That low priority has ruined this county.

I listened to the forum on KZYX on April 10. Keith Faulder claimed Measure B attacks medical marijuana and waved the "medical marijuana" flag on the radio as often as the commercial growers do. At the forum in Ukiah Laura Hamburg acknowledged there is a problem in this county but Measure B isn't going to solve it, rather it will harm the legitimate growers. Who are they? Would that legitimate grower be the guy in Willits who waved the 19 caregiver cards after damaging the environment and endangering many other property owners nearby?

Measure B will not deny any patient their prescribed marijuana. It simply sets the state's limits and allows for more if prescribed by a doctor. But, somebody tell me, do medical marijuana patients in Mendocino County need more marijuana than patients in the rest of the State of California?

Measure B is the right step to take back our county, my home. It's long overdue.

Lucy Simonson
Ukiah

Second Ukiah man arrested in grow shed case


Another Ukiah man was arrested in the case of a North State Street storage facility marijuana growing operation that the two men arrested say was supposed to help them get out of debt.

Steven Laino, 46, of Ukiah, was arrested on suspicion of possession of marijuana for sale, cultivation of marijuana for sale and maintaining a place for drug sales Monday afternoon. Jeff Burrell, 50, of Ukiah had already been arrested under the same charges.

Laino was additionally charged with conspiracy to commit a crime.

Officers arrested Burrell and Laino after a search warrant was issued for a storage shed at 765 N. State St. and police found 140 marijuana plants in various stages of growth, according to police reports.

Officers arrested Burrell, a Ukiah High School teacher and owner of Accurate Construction, at scene and later arrested Laino at a home on Kenwood Drive.

UPD Detective Sgt. Dave McQueary said Laino had a medical marijuana recommendation but that he told officers that the grow was not medical.

"He claimed they were in financial debt," McQueary said.

According to police reports, Laino told officers that he had known Burrell for years and that the two of them had fallen into debt and come up with a plan to grow marijuana to make money. The two planned to split the proceeds evenly, according to police reports.

Laino gave Burrell $15,000 to purchase the necessary equipment and build the grow room, according to police reports.

The storage shed contained a second completely enclosed building that had been equipped with the necessary grow lights, filtration systems and ventilation and cooling systems to support the grow. Another room had been converted for drying a processing marijuana, according to police reports.

The construction had an exposed electrical and watering system that was deemed to be a safety risk by the City of Ukiah code enforcement officer who "red tagged" the building and had the electricity shut off.

Burrell and Laino were booked into jail on a $30,000 bond each.

Officers from UPD and the Mendocino Major Crimes Task Force obtained a search warrant for the storage shed following neighbor complaints of a smell of marijuana in the area.

Ben Brown can be reached at udjbb@pacific.net

Court hears Johnson arguments on Measure B

By Mike A'Dair

TWN Staff Writer

Independent newspaper publisher and political activist Richard Johnson last Friday argued in Mendocino County Superior Court that a county ballot measure that would limit the number of marijuana plants an individual can possess is illegal and should not be permitted on the June ballot.

Judge John Behnke took the case under submission, saying he would rule soon on both Johnson's case and on the Laguna-Hamamoto case Behnke heard last week.

Johnson argued Measure B is illegal because it sets guidelines for marijuana cultivation, that mirror those in Senate Bill 420. Johnson maintained only a legislative body has the authority to establish cultivation guidelines. Attempting to do so by ordinance, as Measure B does, is invalid, he said.

"Adopting guidelines is not done by ordinance," Johnson said. "The form of Measure B is not an ordinance. These are guidelines, and guidelines are the purview of the Legislature. In the case of our county, the legislative body is the board of supervisors, and attempting to set forth guidelines on marijuana is something...appropriately done by the board of supervisors, not by the people."

When Behnke reminded him Measure G, which was authored by Johnson, also set guidelines, Johnson laughed briefly and said, "No one has ever brought Measure G to a court challenge. And I would much rather have you review Measure G here in this court than to have the people of Mendocino County review it, that's for sure."

Mendocino County Deputy Counsel Frank Zotter said Johnson was in error, arguing there was nothing in the California Elections Code that indicated guidelines could not be enacted by ordinance or by a voter initiative.

"I think that voter initiative is not ruled out," Zotter said. "To bring a lawsuit on the use of terms like 'guidelines' versus 'enact' is a quibble. For example, we have CEQA guidelines and I don't think people would doubt CEQA has the right to enact such guidelines."

Johnson also took issue with a finding by County Counsel Jeanine Nadel that "the effect of Measure G has been to increase public safety issues surrounding the uncontrolled production of marijuana either for medical or recreational use, and has jeopardized the health, safety and welfare of the people of Mendocino County."

Johnson challenged the truthfulness of Nadel's finding, arguing testimony by Mendocino County Undersheriff Gary Hudson would invalidate Nadel's finding.

But Behnke refused to allow Hudson to testify because Nadel's finding was not an operative portion of Measure B. "Findings are not an operative part of an ordinance," Behnke said. "They are simply a statement of intent."

While complimenting Johnson on the competence of his arguments, Behnke said he is inclined to let the election go forward.

"I think we are dealing with a situation where we are being asked to construe the peoples' right to hold elections liberally. This would, of course, not hold good in the instance where we might find an obstacle or an impediment, which sometimes can occur and do occur occasionally. But absent that, I am predisposed to let elections go forward."

Pine Mountain pot raid linked to Asian gangs

By Linda Williams/TWN Staff Writer

An April 16 Pine Mountain pot raid allegedly linked to Fresno-based Asian crime organizations led law enforcement to the discovery of 15.5 pounds of processed bud, 856 marijuana plants and the arrests of two men.

Deputies from the County of Mendocino Marijuana Eradication Team, Mendocino County sheriff's deputies and agents from the Mendocino Major Crimes Task Force served the search warrant for a residence on Chinquapin Drive.

The Chinquapin Drive setup was described by officers as a sophisticated indoor grow in a metal outbuilding and garage on a 12.7-acre parcel. The grow room equipment included lights, carbon-filter ventilation systems, carbon dioxide augmentation and dehumidifiers.

Richard Lieng, 25, of Willits, and Tony Lieng, 34, a Vietnamese national with a Clovis address, were arrested at the residence on suspicion of cultivation and possession of marijuana for sale. The property was purchased by Tony Lieng and Truong Lynn in October 2006.

The search is linked to the previous arrest of a Fresno man in Brooktrails, says Special Agent Robert Nishiyama, of the MMCTF.

Danny Coong Lay, 36, was stopped March 23 with 300 marijuana clones in his car, according to officers. Officers then discovered 321 more marijuana plants in a sophisticated grow inside the Birch Road residence rented by Lay. Lay was then arrested on suspicion of cultivation and possession of marijuana for sale and knowingly renting a facility for the commission of a crime.

The grow operations appear to be linked to Asian organized crime groups operating out of Fresno, says Nishiyama. The groups are apparently moving into Mendocino County from the Bay Area and Stockton areas.

Tuesday, April 22, 2008

Ukiah man arrested after handgun incident

Ukiah Daily Journal Staff

The Daily Journal

A Ukiah man was arrested Sunday night after he reportedly threatened and hit a friend with a handgun.

On Sunday at about 9:34 p.m., officers from the Ukiah Police Department were dispatched to an apartment in the 700 block of South Oak Street, on a report of an unwanted man inside the apartment.

When they got to the apartment, officers were met by victim Juan Deharo, 34, of Ukiah. Deharo was bleeding from a laceration to his head and told officers that he had just been attacked by a man armed with a handgun. Deharo then pointed to a man across the courtyard of the complex, and identified him as his assailant.

UPD officers stopped the man at gunpoint and detained him pending an initial investigation. The man was identified by his California ID card as Angel Mendez, 52, of Ukiah. Officers located a loaded 9MM pistol, concealed in the bushes about 10 feet from Mendez.

Once the scene was stabilized, Deharo was treated for his injuries by members of the Ukiah Fire Department and then transported by ambulance to Ukiah Valley Medical Center. At the hospital Deharo told officers that he has known Mendez for a year or two and that they meet up and smoke marijuana on occasion. The night prior, Deharo, said, Mendez had brought over a marijuana pipe and marijuana that they smoked together.

Before the police were called, Deharo said he was inside his apartment, when Mendez showed up. According to the report, Mendez asked Deharo to retrieve his marijuana pipe and supply of marijuana. Deharo said he told Mendez that he was eating dinner and asked him to let him finish. Deharo said Mendez replied, "No, we have a problem then."

Deharo said Mendez then left, but returned to the apartment six to seven minutes later, entering without knocking and holding a handgun in his right hand. Deharo said Mendez pointed the gun at the head of a guest that happened to be visiting at Deharo's apartment. According to Deharo, Mendez told the guest to get out of the apartment and he would deal with Deharo.

Deharo stated that Mendez kept pointing the gun at him, and repeatedly asking for his marijuana pipe and marijuana. Deharo said Mendez kicked him in the left knee twice while pointing the gun at his head. Deharo told police Mendez also struck him in the head with the butt of the gun, causing a laceration and knocking Deharo out momentarily.

During the attack, Deharo begged for his life and said he was terrified, according to a press release from UPD officials. Mendez eventually left, but not before threatening to kill Deharo if he told anybody about the assault, the report states.

At the hospital Deharo received several stitches for his injury and was later released.

Mendez was booked into the Mendocino County Jail on suspicion of assault with a deadly weapon, burglary, making terrorist threats, and possession of a loaded firearm. The investigation was turned over to the Detective Division of the Ukiah Police Department and is ongoing.

If anyone has additional information regarding this case, please contact Detectives Glen Stark or Mariano Guzman at the Ukiah Police Department 463-6262.

UHS teacher arrested after marijuana raid

By ROB BURGESS The Daily Journal

Click photo to enlarge

The wiring at Monday's indoor marijuana bust was not up to city... (Sarah Baldik/The Daily Journal)


A tip from a neighbor led to the discovery by Ukiah Police Department officers of a 150-plant commercial marijuana growing operation in a facility leased by a Ukiah High School teacher, according to police reports. Ukiah police officers raided the grow rooms at around 3:30 p.m. Monday at a storage facility in the 700 block of North State Street. Police said more arrests may follow.

Chris Dewey, UPD chief, said a search warrant was obtained by officers for the storage facility after a nearby resident called and filed a complaint about the smell.

Dewey said the investigation led to the arrest of UHS teacher Jeff Duane Burrell, of Calpella.

When officers arrived on scene only a series of dim green lights were illuminated in the grow rooms. UPD Capt. Justin Wyatt said the reason the high-voltage, high-heat grow lights situated directly above the plants were off at the time of the raid was because they had been set by a series of timers that were attached the operation's homemade electrical system.

"They do their best to duplicate the growing cycle," he said, motioning towards the fixtures above. "I think right now this is supposed to simulate night."

Wyatt said the adjoining two rooms where the gardens were situated contained different strains of marijuana.

"The ones in this first room are shorter, but they are budding," he said, pointing to the top of a plant in the front room of the facility. "These are less than a month away from harvest. None of these in the other room have budded yet even though they're taller."

In addition to the pair of gardens, officers also discovered the remains of several harvested plants stacked in one corner. A drying room which contained several pounds of dried marijuana in various stages of processing was also found. In the small space between the two doors was an automated trimming appliance called a TrimPro which officers said utilized a series of whirling blades to clip leaves away from the buds. The device was named Best Trimming Product in 2005 by "High Times."

Dewey said the loose wiring and high voltage involved was the most dangerous part of the operation.

"This is typical of illegal growing operations," he said. "The amount of electricity being used didn't fit the building. They were using four to five times as many kilowatt hours as the average household. This is just an accident waiting to happen."

Burrell was head coach of the UHS girls basketball team and was honored two years ago by the Mendocino College Hall of Fame as a standout football and baseball player who matriculated to Humboldt State University, where he started for two years at fullback.

Rob Burgess can be reached at udjrb@pacific.net.


Monday, April 21, 2008

Supports Measure B

Ukiah Daily Journal Staff

To the Editor:

Responsible citizens, taxpayers, voters; you who are critical thinkers have you had enough? Do you really want your county back? If so, you are called to duty. There is a crisis brewing for Mendocino County, and all are called to rally and support Measure B. Measure B is necessary to repeal Measure G which has caused our beautiful county and its citizens harm. The widespread, unchecked growth of marijuana, if left unchecked, will choke the life from this county and leave it in the hands of a cancerous growth. You must help repeal Measure G. Already we are hearing the whiners complain against Measure B. Each whiner clearly identifies themselves and their intent by the content of their letters to the editor. They are the stakeholders and proponents of marijuana that I identified in my last letter to the editor. Some are head on confrontations. This group of proponents can clearly be identified as profiteers.

How can we identify the various kinds of stakeholders, those who stand to lose if we pass Measure B? The profiling is rather easy.

1. We will not actually hear from the legitimate medical marijuana user that has a medical illness. They have a legitimate medical problem and are within the law. Their main concern is to relieve their medical problem. They are not interested in the propagation of an illegal substance for profit.

2. You most likely will not hear from the altruistic person that will advocate for marijuana on the basis that it is helping those who are sick. Their interests are tied to patient care and they realize that patients will receive enough "medicine" to alleviate their problem. However, there may be some profiteers that try to connect themselves with an overly concern about being altruistic. They give themselves away by other things they say.

3. The abuser and user of marijuana has a desire to distance their name from being connected to the thought that they use marijuana. They will conceal their own intents and motives by showing concern that someone else is going to be hurt if we repeal Measure G by passing Measure B. They will show concern that mom and pop growers are going to be harmed if we repeal Measure G. This group of stakeholders may also state that those who require marijuana for medical purposes will be harmed. The prime thing to look for is their disguised overt care that someone else is going to be harmed.

4. The profiteer, those who are growers and dealers will also use the thinking exhibited above, but in addition they will complain that their God given rights are being violated. They have a right to grow marijuana. They do not mention or talk about selling. They will also advocate that limiting the amount they can grow is harmful. Who is it that wants to smoke 50 pounds per year? What critical thinker that knows that it is injurious to your health will want to inhale one puff? Marijuana usage over long term is injurious to your health and there is a price to be paid. The taxpayer will also eventually pay a high cost. The profiteer will also complain that the economy of the county will be harmed.

The reason that a medical doctor will give a recommendation to use marijuana is to promote some quality of life for those that require its use. The original intent was that it be used for serious medical illnesses like cancer and AIDS, also any other life threatening illnesses that would benefit from its use. Doctors knew that the use of marijuana would most likely be short term and that the patient would most likely succumb to their illness. Why not give these kinds of patients a break and help ease their suffering? Marijuana never had an original intent to treat minor aches and pains. It was never intended to be long term. Because of this failing of Prop. 215, the whole thing should be revisited and reassessed. Prop. 215 needs an overhaul and modification to spell out how marijuana is to be used if marijuana is to be used as a medicine. It is currently out of control. If you go into a pharmacy, everything sold as a medicine, even the non prescription, is controlled and there are directions on how to safely use the product. Marijuana usage as a medicine has no controls. I feel we should repeal Measure G, then lobby our legislature to seek medical guidance and write responsible laws to govern the use of marijuana if it is to be used as a medicine.

Responsible citizens, those of you that have your sanity, help us to stem the ongoing crisis.

James Cruise
Redwood Valley

Sunday, April 20, 2008

No on B amends its financial statement


In an amended financial statement filed more than two weeks after the filing deadline, the No on Measure B Campaign is declaring more money collected, largely from sources outside the county.

According to the statement, the campaign raised $1,748 in March. The bulk of the money came as a $1,000 donation from the National Organization for the Reform of Marijuana Laws, located in San Francisco.

The campaign also received $500 from Dona Ruth Frank, of the Santa Rosa based medical marijuana advocacy group the Organic Cannabis Foundation.

The rest of the money came in the form of donations of less than $100, which are not required to be itemized on financial filing statements.

This brings the total money collected by those fighting Measure B to $2,548. The bulk of that money, $1,800, has been donated by NORML.

Proponents of the measure, the Yes on B Coalition, have raised more than four times as much money.

The largest single donation, at $3,900, came in the form of a loan from Duane Wells, the chairman of the Yes on B Coalition.

Other top contributors included Philip Dow, a civil engineer from Dow Associates; Lawrence Mailliard, owner of the Mailliard Ranch; and Pia Riva McIsaac, a ranch manager of Agriculture Industries Inc., who each gave $500.

Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors in January, would repeal Measure G and set medical marijuana limits in Mendocino County at the state limits of six mature or 12 immature plants and eight ounces of dried marijuana.

Measure G, which was passed by Mendocino County voters in 2000, instructed law enforcement to make the prosecution of marijuana gardens of 25 plants or fewer the lowest possible priority.

The election is scheduled for June 3.

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

Saturday, April 19, 2008

Mendocino County DA says "Measure B will help"

April 19, 2008

At a Measure B forum before the Employers Council of Mendocino County Friday, Mendocino County District Attorney Meredith Lintott (who was in the audience, not part of the forum) said the passage of Measure B "will make my job easier." She said that defense attorneys regularly use Measure G (the 25-plant personal use ordinance that is at the root of all the excesses of the commercial marijuana industry in our county and which Measure B will repeal) as a defense on behalf of large scale marijuana growers. She also said that Measure B will likely help bring more law enforcement funding into the county from grants that we have been unable to tap as long as our laissez faire attitude about commercial growing continued.

The speakers at the forum were Ross Liberty for Yes on B and Laura Hamburg for No on B;. Ms Hamburg, who said she is a personal use gardener, made a couple of No on B's major points that were refuted on the spot by Ms. Lintott and Sheriff Tom Allman, who was also in the audience.
Ms. Hamburg said that among her fears of Measure B's effect is that it would make it too easy for sheriff's deputies to go after the low hanging fruit, the smaller growers like herself (although I don't call the 75 plants Ms. Hamburg claims to be able to grow legally a small grow) the people with more than the 6-plant limit Measure B would allow under the state's regs. Sheriff Allman stood up in the audience and said that simply wasn't going to happen. He said his department does not have that staffing to do more than he has always said he can and will do: go after large grows and go after grows that are causing a health and safety problem (which would include the in-your-face grows popping up in what used to be safe neighborhoods). Although he is maintaining his neutrality on Measure B, he did say it will make his job easier in that he believes a lot of people growing 25 plants now for whatever use, will cut back to six plants voluntarily if the measure passes.

He also said, for the record, that in the past few years (Measure G passed in 2000) a "horrendous number" of outside marijuana growers had flocked to this county. He said that there is "no question" that the marijuana growing in this county had created crime and environmental problems. As he put it, "there is a violence associated with greedy people growing marijuana."

Ms. Hamburg also said that since the county supervisors had already voted to limit the number of plants per parcel to 25, Measure B is now unnecessary. But Ms. Lintott told the audience that she knows defense attorneys are planning to challenge that as an illegal limit - presumably using the same Measure G excuses.

The No on B campaign - ably led by Ms. Hamburg, who is a personable and intelligent speaker - has made a large part of its campaign the claim that Measure B will cripple law enforcement in this county. But now both the DA and the Sheriff say that' not so.

No on B's other big argument is that Measure B will hurt medical marijuana patients. This week a group of 40 local physicians came out in favor of Measure B as protecting medical marijuana patients.

The Yes on B campaign believes that passing Measure B will send an important message to the world that Mendocino County is no longer the place to move to in order to abuse our community and environment for the sake of greed. Sheriff Allman cemented that for me Friday when he told me that he had lunched with Attorney General Jerry Brown on Monday and that Mr. Brown had told him that people throughout California were watching what happens here in Mendocino County on June 3.

Measure B is not anti-pot and it's not about medical marijuana. The vast majority of people supporting Measure B, including myself, believe that people ought to be able to grow and smoke a little pot and that medical marijuana is, in fact, helpful to the truly sick.

But now we feel like dupes for having tried to do something progressive and seeing the hoards arrive to laugh in our faces. We sent the wrong message with Measure G. Now we need to admit it was an experiment that went very wrong and bring some sanity back to our county.

Willits pot bust nets 856 plants

Ukiah Daily Journal Staff


The Daily Journal

Two Willits men were arrested on marijuana charges after a search of their Chinquapin Drive home found more than 15 pounds of processed marijuana and more than 800 growing plants.

According to reports from the Mendocino County Sheriff's Office, deputies from the County of Mendocino Marijuana Eradication Team served a search warrant at 10:48 a.m. Wednesday on the home of Tony and Richard Lieng at 35550 Chinquapin Drive with the help of sheriff's deputies and officers from the Mendocino Major Crimes Task Force.

Officers searched the property and found 856 marijuana plants and what they described as two "sophisticated" marijuana grows.

They also found 15.5 pounds of marijuana, according to sheriff's reports.

Tony Lieng, 34, and Richard Lieng, 25, both of Willits, were arrested on suspicion of possession of marijuana for sale and cultivation of marijuana and booked into the Mendocino County Jail on a $25,000 bond.

County begins printing ballots; no ruling yet on Measure B


The Mendocino County Election Office began printing ballots this week despite the fact that a judge has yet to decide whether Measure B will remain on the ballot.

Two lawsuits, one filed by Green Party member Richard Johnson and the other filed by George Hanamoto and Paula Laguna, are aimed at knocking Measure B off the ballot.

Mendocino Superior Court Judge John Behnke has heard arguments in both suits, but has not made a ruling on either. Plaintiffs in both suits have been hoping for a quick decision before the ballots were printed.

Mendocino County Assessor-Clerk-Recorder Susan Ranochak said the county began printing the ballots this week because its vendor likes to have them two weeks before the date they have to be mailed. Ballots will be mailed May 5.

Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors in January, would repeal Measure G, the county's personal use marijuana law, and set medical marijuana limits in Mendocino County at the state limits of six mature or 12 immature plants and eight ounces of dried marijuana.

Measure G, which was passed by Mendocino County voters in 2000, instructed law enforcement to make the prosecution of marijuana gardens of 25 plants or fewer the lowest possible priority.

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

Friday, April 18, 2008

Advocacy groups back efforts to defeat pot measure

Advocacy groups back efforts to defeat pot measure

By MIKE GENIELLA
THE PRESS DEMOCRAT


UKIAH - Outside groups favoring legalization of marijuana are bankrolling opposition to a local ballot measure aimed at repealing Mendocino County’s liberalized pot guidelines.

The San Francisco office of the National Reform of Marijuana Laws (NORML) has put up $1,000, and is likely to contribute more, according to representatives. In addition, a Santa Rosa-based marijuana advocacy group called Organic Cannabis Foundation has contributed $500 toward local efforts to defeat Measure B on the June primary ballot.

Despite the outside contributions, local supporters of the repeal drive are out spending opponents by a nearly 5-1 margin. So far, Yes on Measure B has collected nearly $11,000 from local donors.

Measure B would repeal current guidelines allowing individuals to grow up to 25 marijuana plants per person, and impose more restrictive state standards of six plants per person.

The Mendocino marijuana fight is overshadowing other key local races in the June primary, including three races for seats on the county Board of Supervisors.

Just as Mendocino’s 2000 vote to locally legalize pot for personal use was a national first, marijuana advocates fear its repeal will once again put the county in the spotlight but for the wrong reasons.

Dale Geiringer, NORML’s executive director, said Measure B supporters are targeting the wrong people with their anger over large-scale commercial marijuana growing operations.

“Legitimate medical marijuana growers will be turned into criminals instead of really big operators,” said Geiringer.

Marijuana reform measure endorsed

By ZACK SAMPSEL The Daily Journal

With a unanimous vote Wednesday night, the Ukiah City Council joined the Willits and Fort Bragg councils in endorsing Measure B, the local marijuana reform measure on the June 3 ballot.

The council previously considered the item in February and decided not to take a position at that time, electing to host a forum on Measure B instead. The item was eventually placed on the agenda after dozens of area residents requested the council to reconsider its stance at its April 2 meeting. Recognizing the importance of the decision, Vice Mayor Phil Baldwin tried to explain the magnitude of such an endorsement.

"This decision to endorse the issue is precedent setting," Baldwin said, warning that battling against Measure B would only continue to polarize voters. "Not supporting Measure B simply achieves nothing to expand the base. The reason it doesn't help anyone on the left is that the majority of the working people perceive a gross injustice here, with people making money without paying any taxes on it. This actually alienates the people on the left."

But Baldwin's comments were not without mixed opposition and support from the public.

Tom Davenport from the Mendocino Medical Marijuana Advisory Board warned the council that endorsing Measure B would be fruitless.

"It's simply inappropriate," Davenport said. "One of the difficulties that we have here is that Measure B is being presented to the voters in a very emotional way. I would be flabbergasted if I found out that any one of you have researched this in close detail."

Laura Hamburg, a member of No on B, followed Davenport's comments expressing her belief in the zip-tie system as well as residents' ability to support and monitor each other instead of using tax dollars for enforcement.

"Law enforcement has to enforce the law," Hamburg said. "People -- our neighbors -- have to encourage each other to stay within the law. I think we should go back to the idea of the proposal to sell zip ties."

Hamburg's comments didn't mirror those of the Ukiah Police Department, with Chief Chris Dewey explaining his belief that Measure B would bring consistency to what has been a confusing situation.

"I think that Measure B in an important step in that direction. It establishes consistency," Dewey said. "It will really aid in the confusion that exists today because the jurisdictional lines aren't painted, but this will create a standard for our whole community."

Following Dewey's comments, Councilmembers Benj Thomas, John McCowen and Mari Rodin each articulated their reasons for endorsing the measure.

"We just can't deny the magnitude of the problem," Rodin said. "It's just growing and growing. While it's not perfect public policy, we can't be a vacuum within this county. That's why it's necessary to support Measure B. It sends a message that the people of Mendocino County have had it."

After explaining her stance, Rodin made a motion for the council to endorse the measure, which was seconded by McCowen. A unanimous vote followed the motion.

Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors in January, would repeal Measure G and set medical marijuana limits in Mendocino County at the state limits of six mature or 12 immature plants and eight ounces of dried marijuana.

Measure G, which was passed by Mendocino County voters in 2000, instructed law enforcement to make the prosecution of marijuana gardens of 25 plants or fewer the lowest possible priority.

Zack Sampsel can be reached at udjzs@pacific.net.

Thursday, April 17, 2008

Pot war goes to court

By Mike A'Dair/TWN Staff Writer

A second lawsuit seeking to block Measure B from appearing on the June ballot was filed last week.

The suit, filed by independent newspaper publisher Richard Johnson, follows an earlier lawsuit by Mendocino attorney E. D. Lerman on behalf of medical marijuana clients Paula Laguna and George Hanamoto.

The Lerman suit was filed March 26; Johnson's lawsuit the following day.

Both lawsuits contend Measure B is unconstitutional because it violates the "single subject rule." According to Johnson, that rule "is implicit in the state constitution. The state constitution forbids ballot initiatives from having more than one subject in order to prevent 'log rolling,' or the inclusion of high-profile subjects in an initiative merely to attract votes.

"The logic is that voters deserve the opportunity to consider matters separately, and some may want to reject one while accepting the other," Johnson said.

As written, Measure B contains two items. The first states that voters wish to nullify Measure G, which was approved in November 2000 and sought to make cultivation, possession and transportation of marijuana the lowest priority for county law enforcement. Measure G stated law enforcement was to lay off any grow operation that had 25 or fewer plants or the equivalent amount of dried pot.

The second section of Measure B states that the California minimum limits for marijuana cultivation and possession would also apply in Mendocino County. Although not explicitly stated in the measure, those standards state that six mature plants, 12 immature plants and eight ounces of processed marijuana may be possessed by an individual at any one time.

Tuesday, Mendocino County Superior Court Judge John Behnke rejected Johnson's pre-emptive request that Measure B not be allowed to go to the printer's for publication in the June ballot.

Johnson had requested a temporary restraining order (TRO). At a hearing on the matter, Behnke rejected Johnson's claim that a hurried judgment was in order. Instead, he set the date for a hearing on Johnson's suit for April 18.

The court will hear the arguments on the Lerman/Laguna/Hanamoto suit on April 11 at 9:30 a.m.

Both sides have been blitzing the press with a barrage of press releases.

"A carefully coordinated scare campaign has smeared marijuana farmers as environmental monsters, foreign criminals and violent thieves," Johnson said in one press release.

"They claim to be responding to neighborhood complaints about noises, smells and a generalized sensation of losing control of the community. Their real agenda is to eviscerate marijuana as an economic engine and as a political force before it threatens the existing establishment."

On the other side of the issue, Ukiah businessman Ross Liberty has emerged as a spokesman for the Yes On B Coalition.

"The opponents of Measure B are trying to prevent voters from taking a stand against marijuana abuses that cause a public nuisance, endanger public safety and trash the environment," said Liberty.

"The opponents won't be able to block a vote on Measure B because there are no legal grounds to do so. Measure B was drafted by the county counsel at the direction of the board of supervisors and meets all legal requirements. The opponents waited two and a half months to file this lawsuit. It is a blatant attempt to circumvent the right of the people to decide this critical issue," Liberty said.

According to former Mendocino County sheriff's Deputy D.J. Miller, the Mendocino County Sheriff's Office reported 1106 marijuana-related offenses in the year 2000. In 2006, there were 1535 such offenses.

According to Liberty, the term "marijuana-related offenses" means incidents noted in police and sheriff's reports including crimes involving marijuana and incidents for which law enforcement responded to a call, and at which marijuana was noted as being present at the scene and judged by officers to be related to or involved with the dispute in question.

Ukiah City Council votes 5-0 to endorse Measure B

Councilman Baldwin tells Laura Hamburg that opposing Measure B is "the wrong issue for democratic populists" because of citizen anger at tax-evading commercial growers.

City of Ukiah joins Fort Bragg and Willits in endorsing ballot measure opposing abuses of commercial marijuana production.

After hearing from 11 people supporting Measure B and 5 opposing it, the Ukiah City Council vehemently endorsed the ballot initiative. Council members made exceptionally strong statements explaining their positions.

Councilman Phil Baldwin, generally regarded as an outspoken liberal, went first with a scathing denunciation of commercial marijuana growers for their avoidance of all the tax obligations faced by ordinary working people. He chided Laura Hamburg, chair of the No On Measure B Coalition, who had spoken earlier, saying that while he applauded her activitism on other issues like genetically modified crops, Measure B is "the wrong issue for democratic populists" and a "bad issue for the left" because of the intense resentment of ordinary working people against the tax evasion and lucrative illegal profits of marijuana growers.

Baldwin also cited his own experience as a high school teacher, decrying the harmful influence of Mendocino County's marijuana subculture on students. "Stoners are invariably my weakest students," Baldwin said.

Councilman Benj Thomas pointed out that marijuana, even when grown for medical uses, conflicted with the rights of nearby residents to live safely and without nuisance impacts.

Thomas warned that if Measure B doesn't pass, it will send a harmful message about Mendocino County to the rest of the country and the world.

Councilman John McCowen recalled a neighborhood meeting 4 years ago where he found six very dissimilar neighbors all united in their outrage at a commercial marijuana grower who had destroyed the quality of life on their street.

McCowen asked for comment from Ukiah Police Chief Chris Dewey about the experience of the police in applying Ukiah's recently strengthened marijuana ordinance. Dewey reported that during the past 2 months, Ukiah police had served 15 search warrants, seized 2500 marijuana plants, and confiscated 15 firearms.

Dewey said that his department was getting good cooperation from the new district attorney, Meredith Lintott.

Councilmember Mari Rodin pointed out that many people who voted for the pro-marijuana Measure G in 2000 were now supporting Measure B. "It's impossible for Mendocino County to operate its little experiment in legalization in a vacuum," she said, referring to the federal and state prohibition against marijuana which caused would-be criminal growers to gravitate toward any county that appears to be more tolerant of marijuana cultivation. "The people of Mendocino County have had it," said Rodin.

Mayor Doug Crane added his vote to the other council members', which sparked applause from the audience.

Wednesday, April 16, 2008

No on Measure B Coalition files 19 days late; reveals 86% of money from out-of-county marijuana lobby

YES ON B COALITION
YesOnB@pacific.net - 759 S. State St. #114, Ukiah CA

NEWS RELEASE - April 16, 2008

In a campaign disclosure statement filed 19 days after the deadline, the No On Measure B Coalition reported $1748 in donations through March 17, 2008, with $1500 coming from out-of-county marijuna advocacy groups.
National Organization for Reform of Marijuana Laws (NORML), 2215-R Market Street, San Francisco, is listed as contributing $1000 to the effort to block Measure B. Donna Ruth Frank of the Organic Cannabis Foundation, P.O. Box 14146, Santa Rosa, is listed as contributing $500.

The mandatory campaign disclosure form for the period ending March 17, 2008 was required under law to be filed with County Clerk Susan Ranochak by March 24, 2008. Failure to file timely disclosure is a misdemeanor under Government Code Section 91000, punishable by jail or a fine up to $10,000.

According to the County Clerk's office, county officials are currently considering whether to impose sanctions on the No On Measure B Coalition and its officers, chair Laura Hamburg and treasurer Tom Davenport.

"This violation is especially serious because we advised the No On Measure B Coalition of the disclosure rules in a letter on March 17, 2008," said Yes On B Coalition spokesman Ross Liberty. "We anticipated that outside pro-marijuana forces would interfere in this election and we wanted the public's right to know to be respected."

Another group opposed to Measure B, the Green Party Working Group, reported $800 in donations through March 17, all of it from NORML's California affiliate.

No on B "push poll" underway

Heavy spending by the No On Measure B side became clear in the past week when Mendocino County residents received "push poll" telephone calls from EMC-Edward McDonald Corporation asking a series of leading questions designed to stimulate anti-Measure B attitudes.

"Push polls" of this kind cost a minimum of $5,000 and possibly several times that much, according to professional campaign industry sources.

"We call on the No On Measure B Coalition to disclose who is paying for this obnoxious telephone poll and to reveal the script that the telephone solicitors are reading from," said Ross Liberty of the Yes On B Coalition. "We won't engage in a campaign tactic like a push-poll. All our money is going for forthright and open campaign information like mailers."

Liberty noted that the Yes On B Coalition issued a challenge to the No On B groups last month to refuse any outside funding. "It's obvious that they refused our proposal and are going to get every dollar they can from outside pro-marijuana forces to try to interfere in the decision of the people of Mendocino County," Liberty said.

Sides being chosen over marijuana initiative


While debates rage in public forums and private homes over the future of medical marijuana in Mendocino County, both sides of the debate have been marshaling their forces for Election Day.

Both sides have received endorsement from prominent members of the community, though the Yes on B Coalition has received a larger number of official commitments.

The announcement by Yes on B that it has received the support of 40 local physicians was the latest in a long list of supporters that the measure had garnered.

"The medical community is very unhappy with the fraudulent misuse of the compassionate medical marijuana program as a front for the rampant commercial growing of marijuana for profit, with all the harmful impacts that has caused this county," said Dr. Robert Werra.

Werra joins members of county government and law enforcement in endorsing Measure B, including Ukiah Police Department Chief Chris Dewey, Deputy District Attorney Matt Finnegan, Mendocino County Sheriff's Lt. Kurt Smallcomb, County Supervisor Jim Wattenburger, Ukiah City Council Members Phil Baldwin, Mari Rodin, John McCowen and Benj Thomas; and Ukiah Mayor Doug Crane.

Measure B has also received endorsement from several local organizations, including the Mendocino County Deputy Sheriff's Association, The Mendocino Farm Bureau and the City Councils of Fort Bragg and Willits.

The Ukiah City Council is scheduled to consider endorsement for the second time tonight.

While not as numerous, supporters of No on B are equally fervent in their support.

Former Mendocino County Assessor-Clerk Recorder Marsha Wharff was one of several people to sign an argument placed in the county election pamphlet. Her name was later removed on a technicality but it did not blunt her support for those fighting Measure B.

"I will continue to oppose Measure B," Wharff said. "I am interested in the medical part of marijuana. If you've never had to care for another person, you don't have a clue about what this medicine can do for pain management, calming anxiety and promoting wellness of mind," said Wharff, who cares for her husband, who has cancer.

Others opposed to Measure B include attorney Susan Jordan, county Supervisor David Colfax, Dr. Peter Keegan, Dr. William Courtney, attorney Keith Faulder and cancer survivors Kate Babcock Magruder and Carrie Hamburg.

Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors in January, would repeal Measure G and set medical marijuana limits in Mendocino County at the state limits of six mature or 12 immature plants and eight ounces of dried marijuana.

Measure G, which was passed by Mendocino County voters in 2000, instructed law enforcement to make the prosecution of marijuana gardens of 25 plants or fewer the lowest possible priority.

The election is scheduled for June 3.

For more information on No on B, go to http://www.nomeasureb.org.

For more information on Yes on B, go to http://www.yesonbcoalition.org.

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

Mendocino doctors back limits on pot growing

By MIKE GENIELLA
THE PRESS DEMOCRAT
Wednesday, April 16, 2008


UKIAH - Leading Mendocino County physicians Tuesday endorsed a local ballot measure to sharply limit marijuana cultivation, calling current county guidelines "fraudulent."

Some of the best-known doctors in the Ukiah Valley joined three dozen others in the medical community to endorse Measure B. If passed in the upcoming June primary, the initiative would impose new local restrictions on the amount of pot individuals may grow and use.

Among the signers were Dr. Frederick Burris, Dr. Don Coursey, Dr. Thomas Kilkinney, Dr. Bernard Lemke, Dr. Harry Matossian, Dr. Jon Portnoff, Dr. Vincent Valente, Dr. Jens Vinding, and Dr. Marvin Trotter, the county's public health officer.

"The medical community is very unhappy with the fraudulent misuse of the compassionate medical marijuana program as a front for rampant commercial growing," said Dr. Robert Werra.

Under Proposition 215, passed statewide in 1996, and subsequent state law, an individual is protected from state prosecution if he has a physician's recommendation and if the amount in his possession is within local guidelines.

State law set a medical marijuana limit of six mature marijuana plants plus ½ pound of dried marijuana. But the legislation allows individual counties to adopt higher limits.

In 2000, Mendocino voters approved a measure allowing an individual to grow up to 25 plants for personal use, without regard to medical reasons. The measure also directed local law enforcement authorities to make marijuana prosecution the lowest priority.

Medical marijuana advocates are fighting back, contending the current public backlash is being fueled by exaggerated claims of profits, crime and neighborhood fears.

"Measure B does nothing to stop commercial growers. Instead it makes criminals out of residents with small, personal-use gardens," said Laura Hamburg, campaign coordinator for the No On Measure B campaign.

You can reach Staff Writer Mike Geniella at 462-6470 or mgeniella@pressdemocrat.com

Tuesday, April 15, 2008

In our opinion Ukiah City Council should endorse Measure B too

Ukiah Daily Journal Staff
Article Last Updated: 04/14/2008 08:44:31 AM PDT

Ukiah City Council should endorse Measure B too

Opponents of Measure B, tacitly acknowledging its popularity with voters, are trying anything they can now to keep it off the June ballot.

Two lawsuits have been filed in an attempt to nitpick the ballot measure's legality, attempts we believe will fail.

These courtroom contests show that the opponents of Measure B - which will repeal Measure G and give Mendocino County medical marijuana patients the medicine they need and protection from prosecution under the state's medical marijuana law - are having a hard time coming up with good reasons why the voters should oppose it unless they agree that uncontrolled commercial marijuana growing is a good thing.

They also can't find any good reason why the voters shouldn't be given a chance to change their minds, eight years after Measure G was passed, about an experiment in marijuana decriminalization that has gone very wrong.

All Measure G, passed in the year 2000, has done is serve as a magnet for marijuana growers and dealers from all over the country to our rural county to grow as much pot as they can and cash in.

That is why the city councils of Fort Bragg and Willits have whole heartedly endorsed Measure B. They have seen the problems in local neighborhoods where home invasions are on the rise, and they see too many armed camps with vicious dogs springing up where quiet, safe rural neighborhoods used to exist.

We hope the Ukiah City Council - whose members have unanimously endorsed Measure B individually - will also vote as a group this week to make it clear that they too are fed up with the excesses of Measure G.

Don't let the opponents of Measure B fool you. This is not and never has been about medical marijuana. Measure B supporters are compassionate people. They just want their county back.

Burglar sentenced to prison

Ukiah Daily Journal Staff
Article Last Updated: 04/13/2008 07:52:05 PM PDT

The Daily Journal

Anthony Michael King, 33, of Ukiah, was sentenced to almost three years in state prison Friday on charges of burglary and marijuana cultivation.

King pleaded guilty to the charges on Feb. 15; he was arrested Jan. 21, after he was found in a home in the 600 block of North State Street asleep on the couch with the resident's 5-year-old child.

Ukiah Police Department officers arrested King, and a subsequent search of his home found 68 marijuana plants, according to police reports.

Mendocino Superior Court Judge Richard Henderson sentenced King to two years and eight months in state prison, citing his five previous felony convictions.

Monday, April 14, 2008

40 Local Doctors Endorse Measure B

"We urge you to join us and vote Yes on Measure B," say 40 local physicians together with other medical professionals who have signed a Health Professionals endorsement for the ballot measure on local marijuana policy.

Recently, the medical staff of the Ukiah Valley Medical Center voted almost unanimously to endorse Measure B.

The Health Professionals endorsement for Measure B is circulating among physicians elsewhere in Mendocino County and the list of physician endorsers is expected to grow.

"The medical community is very unhappy with the fraudulent misuse of the compassionate medical marijuana program as a front for the rampant commercial growing of marijuana for profit, with all the harmful impacts that has caused the county," said Dr. Robert Werra.

This overwhelming support from the medical community is an important factor in the election campaign, since the opponents of Measure B have relied on statements by two local doctors who give out medical marijuana recommendations.

Under Proposition 215 and the subsequent state law SB 420, any person is protected from state prosecution under marijuana laws if they possess a physician's recommendation and if the amount in their possession is less than the limit prescribed under law.

Under SB 420, the statewide medical marijuana limit is 6 mature plants or 12 immature plants plus 1/2 pound of dried marijuana, but individual counties can adopt higher limits. Another important part of SB 420 is a provision that any medical patient can possess a higher amount of marijuana if a physician certifies that their condition requires it.

Mendocino County adopted a 25-plant limit. Measure B will reduce that limit to the same as the statewide standard. Measure B will also repeat Measure G from 2000, which tried to block local enforcement of all marijuana laws.

Among the medical professionals who have endorsed Measure B are:

Baltins Aldis MD
Blackwelder Robert S MD
Burris Fredrick MD
Cabaniss Patty MD
Chan Theron MD
Coen Lynn MD
Cortina Pablo G MD
Coursey Donald Physician
DeBooy David MD
Falk Larry MD
French Lisa Ultrasound Technician
Frye Fredric DVM
Goldberg Sam MD
Hanna Ziad DO
Hanna Iyad MD
Hardy Russell MD
Henderson Bonnie Family Nurse Practitioner
Hoek Kenneth MD
Ives Chris MD
Jackson Valerie ST
Jepson Paul F MD
Kalmar Tanya MD
Kesler Kim SUN
Kilkenny Martha Family Nurse Practitioner
Kilkinney Thomas MD
Koeninger Laura Registered Nurse
Leamon Sue Family Nurse Practitioner
Lemke Bernard MD
Lodge Rick MD
Lund Jason Pharmacist
Marks Norma MD
Matossian Harry MD
Morrison Dale Cardiologist
Portnoff Jon MD
Pretorius James MD
Rice Geoffrey MD
Smith Philip MD
Tamanaha Philip MD
Taylor Patrick Family Nurse Practitioner
Teran Guy MD
Trent Jason MD
Trotter MD Marvin
MD
County public health officer
Valente Vincent P MD
Vinding Jens MD
Werra Robert MD
Whelan Kirsten MD

Measure B on the June ballot will provide:

-> That the amount of marijuana allowed for medical marijuana patients will be the same as the limit set by California State law.

The state limit, presently 6 mature plants and 8 ounces of processed marijuana per patient, will replace the higher 25-plant limit that has existed in Mendocino County since 2000. This will stop Mendocino County from being a “magnet" for marijuana growers who move here for quick profit.

-> That Measure G is repealed.

"Measure G ordered the sheriff to make enforcement of all marijuana laws his lowest priority, below even jaywalking. Prosecutions for less than 25 plants “per single case” was prohibited. Measure G discourages law enforcement and the Board of Supervisors from stopping abuses and threats to health and safety. Whenever the County tries to impose any limits on marijuana growing, the “no-limits” marijuana lobby threatens to sue for “violation of Measure G.”

Please send donations to

Yes On B Coalition
759 S. State Street #114
Ukiah, CA. 95482

YesOnB@pacific.net

Visit YES on Mendocino County Measure B Coalition for more information

Yes on Measure B - What's Happening?

June 3 -
Vote YES on Mendocino County Measure B

May 19 -
Last day to register to vote YES on Measure B.

Find my polling location. Enter your address and find your polling precinct and location.

Visit the Mendocino County Assessor - County Clerk - Recorder for more information.

May 7 - 7:o0pm
Measure B community forum
Location: Willits Grange.

May 5
Absentee ballots are mailed.

May 3 - 10:30am
Televised Measure B debate Coast League of Women Voters Measure B Community Forum.
Location: St. Michaels and All Angels Episcopal Church, Ft. Bragg.

May 1 - 6:00pm
Televised Measure B debate
Location: Mendocino Coast Television, Ft. Bragg

April 29 - 7:00pm
Anderson Valley Community Action Coalition
Location: Assembly of God - 14500 Highway 128 in Boonville

April 16 - 6:30pm
City Council meeting, City to vote on endorsing Measure B
Location: City Hall.

April 15 - 7:00pm
Ukiah Valley Chamber of Commerce / Candidates night
Location: City Hall.

April 14 - 6:30pm
Yes on Measure B debate
Location: City Hall.

Thank you for your support in
"Saving Mendocino County"

In our opinion

We want our county back

We've been hearing from readers that the level of outrage over marijuana growing in this county is continuing to rise.

The news of search warrants being quashed and pot growers walking away from court back to local neighborhoods to keep growing, of trucks and cars traveling up and down Highway 101 full of pot, of smart attorneys taking advantage of the mess that Measure G made of our county's desire to be fair to pot smokers and compassionate to the sick and dying, is all taking its toll.

When Measure G passed in the year 2000 the headlines in pro-marijuana publications read: "Marijuana growing legalized in Mendocino County, California!"

That is the message we sent to the world. That was not the message intended by many of the people who voted for Measure G back then and it is one we need to reverse by passing Measure B on the ballot in June.

What we're seeing in the news right now is a good example of why Measure B is so necessary. We need to return safety and sanity to our neighborhoods.

But perhaps most importantly Measure B will send a message back out into the world that Mendocino County is no longer the place to move to with your dreams of pulling in six figures a year tax free in a sweet deal made possible by the unwitting voters in Mendocino County who thought they were just giving a few local pot smokers a break.

In the coming weeks you will hear more about Measure B and you will hear from a group now organized to stop Measure B.

They will tell you Measure B will prevent medical marijuana patients from getting their medicine. False.

Measure B enacts locally the state standards for medical marijuana: six plants per patient. And remember when someone says "only six plants?" that one pot plant can be 10 to 12 feet tall and three to four feet wide. And they can have more immature plants, and they can get a doctor's recommendation if need be for even more. In other words, the state's regulations, developed by physicians committed to helping the sick and dying, concluded that six plants was plenty for any legitimate medical marijuana patient.

They will tell you Measure B criminalizes marijuana and "targets small-scale personal use growers." False.

Measure B simply reverses the excesses of Measure G, which gave everyone a license to grow as many as 25 pot plants continuously, year round, and led to the off-kilter notion that with the addition of dozens of medical marijuana cards, one could legally grow hundreds of plants anywhere in the county without fear of prosecution. That is where we stand today.

Don't let the "No on B" folks fool you. Measure B will indeed put a crimp on commercial marijuana production. They also argue that 25 plants is not a commercial growing operation. We differ. A 25-plant pot garden is not personal use. Much of that pot is being sold on the open market.

As the closure of the Ukiah medical marijuana dispensary this week showed, there are far more people growing "medical marijuana" than there are local medical marijuana patients.

If the news about the expanding commercial marijuana operations in this county disturbs you, if you support medical marijuana and even personal use, but not the outrageous abuses and the current pot traffic, then plan to vote Yes on B and make the message clear that we want our county back.

Argument in favor of Measure B

Marijuana cultivation in Mendocino County is clearly out of control. We have become a target for "no-limits" commercial marijuana growers who want quick profit and who care nothing about the impacts to our neighborhoods, our communities or the environment.

With the boom in commercial marijuana growing a crime wave has engulfed our communities. Home invasion robberies, trespassing, impacts to schools, and an influx of guns and attack dogs in residential neighborhoods are commonplace. Young people are increasingly turning to marijuana cultivation as a "career path."

Environmental damage from marijuana cultivation includes spills of diesel fuel and waste oil, dumping of trash, misuse of pesticides and fertilizers, illegal water diversion that has completely dried up some streams, poisoning of wildlife, damage to rural roads and strong odors that have sickened nearby residents.

What has caused this crisis? Much of the blame lies with Measure G, approved in 2000, that told law enforcement that all marijuana laws were the "lowest priority" for law enforcement, even lower than jaywalking.

Measure G discourages law enforcement from protecting us against even the most flagrant abuses by the commercial growers and sends a message to the nation that "marijuana is legal" in Mendocino County.

This has made us a magnet for "get-rich-quick" growers who hide behind medical marijuana as a "cover" for commercial marijuana production.

A "Yes" vote on Measure B does two simple things: it protects the rights of medical marijuana patients by adopting the same limits as state law and it repeals Measure G.

"Yes" on B tells law enforcement that we want protection against the abuses of the "no-limits" commercial growers.

"Yes" on B tells out-of-control growers that they are no longer welcome in Mendocino County.

Help save Mendocino County. Vote "Yes" on Measure B.

Duane Wells , Co-chairman, Yes on B Coalition
D.J. Miller, Co-chairman, Yes on B Coalition
Mari Rodin
Dave Bengston
Ron Orenstein

The rest of the argument

'NO ON MEASURE B' PRIMARY BALLOT ARGUMENT

Measure B is a backward step towards marijuana re-criminalization that targets small-scale, personal use growers instead of large-scale commercial operators and organized criminals who are actually causing the problems in Mendocino County.

In 2000, Mendocino County voters overwhelmingly approved Measure G, the Personal Use of Marijuana Initiative, which allows cultivation of twenty--five (25) plants or fewer for personal use only, while leaving commercial cultivation and sales illegal.

Measure B would 1) repeal Measure G so as to re-criminalize personal use growing, and 2) subject medical marijuana patients to arrest and prosecution on felony charges for growing more than six (6) plants, forcing many seriously ill people into the criminal market to get their medicine.

Mendocino County will not be made safer by cracking down on small personal use growers. Instead, it will be made less safe by diverting police resources. Sheriff Tom Allman has said that reducing patient plant guidelines to six plants would be "a burden on law enforcement" under which his deputies "will not be able to focus on any other public safety issue". (Press Democrat 3/17/07)

Mendocino County sorely needs to regulate large-scale gardens and to attack illicit grows and commercial trafficking. Measure B is a bogus diversion that does neither.

The solution is not to repeal Measure G (MCC9.36), but to seek ways to enforce it by regulating commercial growing.

If you support targeting large-scale criminal operations rather than personal use gardens, VOTE NO on B.

If you believe seriously ill patients should not be arrested for seven (7) plants, VOTE NO on B.

If you believe law enforcement has more important priorities than arresting and prosecuting small marijuana gardeners, VOTE NO on B.

If you support decriminalization of marijuana, VOTE NO on B.

B is Bad for Mendocino. Vote NO.

I swear under penalty of perjury that the above NO ON MEASURE B ballot argument is true and correct to the best of my knowledge.

Signed by:
William L. Courtney MD
Catherine Babcock Magruder, Community Cultural Artist/Cancer Survivor
Keith Faulder, Attorney At Law
Peter Keegan MD
Lynda McClure, Union Representative
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YES ON MEASURE B
REBUTTAL TO THE ARGUMENT AGAINST MEASURE B

Don’t be fooled by false arguments and misleading quotations.

Measure B protects medical patients - not commercial growers.

The State recommended limits of 6 adult or 12 immature plants, plus ½ lb of marijuana, (more if physician recommended), is more than sufficient for seriously ill patients.

Sheriff Allman is neutral on Measure B, but previously said, “the problem in California is a lack of consistency in the law.” Recently, Sheriff Allman stated “Measure B will not change our focus. Investigating violent crime will remain our top priority. We do not, and will not, target small grows. We will continue to focus on large grows and complaints about growers who create a public nuisance, endanger public safety or trash the environment.”

“YES” ON B repeals Measure G which is inconsistent with state law, and makes Mendocino County a magnet for commercial growers who use medical marijuana as a cover for growing hundreds of plants.

“YES” ON B repeals G, which sanctions commercial quantities of 25 plants for everyone and tells law enforcement that ALL marijuana laws are the “lowest priority” and should not be enforced.

VOTE “YES” ON B - repeal G and end the hypocrisy that tells our kids it’s OK to break the law as long as you make money.

VOTE “YES” ON B - tell law enforcement and elected officials we want to feel safe in our homes and neighborhoods and we want our children and the environment protected from commercial growers who are motivated only by quick profit.
more information: www.YesOnBCoalition.org

s/Dave Turner, Fort Bragg City Council member
s/Karen Oslund, Willits City Council member
s/Marvin Trotter, M.D., Emergency Room Physician
s/Karin Wandrei, Ph.D., Executive Director, Mendocino County Youth Project
s/Robert Werra, M.D., Hospice Medical Advisor

FULL Text of Measure B

[Note: In response to a petition from 1,000 citizens, along with resolutions by the city councils of Ukiah and Willits, the Board of Supervisors acted on January 8, 2008 to place Measure B on the ballot at the June election for consideration by the voters.]

The People of the County of Mendocino ordain as follows:

THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS.

Section 1 Purpose

The purpose of this ordinance is to eliminate the abuses created by the increased and uncontrolled production of recreational and medical marijuana while protecting the rights of legitimate medical marijuana patients and primary caregivers. It does so by repealing Measure G and establishing guidelines for possession of medical marijuana for medical purposes that are consistent with state law.

Section 2 Findings

1. On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 known as Proposition 215, which permits seriously ill residents of the state, who have a doctor’s recommendation, to use or possess marijuana for medical purposes without fear of criminal liability. Proposition 215 is codified in Health and Safety Code section 11362.5.

2. On November 7, 2000, the voters of Mendocino County approved an initiative known as Measure G (administratively codified as Mendocino County Code Chapter 9.36), the stated purpose of which was to establish a maximum limit of plants and weight for cultivation and possession of marijuana for personal medical and recreational use in Mendocino County, and prohibit the expenditure of public funds for enforcement of marijuana laws against cultivators and users in possession of quantities below that limit, which was identified by the Measure as twenty-five (25) adult flowering female marijuana plants or the equivalent in dried marijuana.

3. On October 12, 2003, the Governor of the State of California signed SB 420. Codified in sections 11362.7 through 11362.83 of the Health and Safety Code, SB 420 was adopted to address implementation of Proposition 215 and to facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals.

4. SB 420 establishes minimum guidelines for the maintenance and possession of medical marijuana. Health and Safety Code Section 11362.77(a)-(f) provides that a qualified patient or primary caregiver may possess no more than eight (8) ounces of dried marijuana per qualified patient and that a qualified patient or primary caregiver may also maintain no more than six (6) mature of twelve (12) immature plants per qualified patient. If a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s needs, the qualified patient or primary caregiver may possess an amount that is consistent with the qualified patient’s needs.

5. Health and Safety Code section 11362.77(c) allows counties and cities to retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits.

6. On August 7, 2007, the Board of Supervisors, in accordance with Health and Safety Code section 11362.77(c) and recognizing the state purpose of Measure G as it related to medical use only, adopted a policy, which allowed qualified patients or primary caregivers to maintain twenty-five (25) plants and to possess no more than two (2) pounds dried marijuana per qualified patient.

7. The effect of Measure G has been to increase public safety issues surrounding the uncontrolled production of marijuana either for medical or recreational use, and has jeopardized the health, safety and welfare of the people of Mendocino County.

Section 3 Repeal of Mendocino County Code Chapter 9.36

Mendocino County Code Chapter 9.36, Cannabis Personal Use Ordinance for Mendocino County, is hereby repealed.

Section 4 Limits for Possession of Marijuana for Medical Purposes

A qualified patient or primary caregiver may possess or maintain for medical purposes only those amounts as set forth in Health and Safety Code section 11362.77 and as amended by State or Federal legislation.

Section 5 Severability

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance.