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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)

Friday, March 28, 2008

Lawsuit to Block Measure B - WILL FAIL

NEWS RELEASE - March 27, 2008

A last-minute lawsuit filed yesterday by opponents of Measure B seeks a court order to remove it from the June ballot, but is destined to fail, according to Yes on B Coalition spokesman, Ross 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 2-1/2 months to file this lawsuit. It is a blatant attempt to circumvent the right of the people to decide this critical issue," said Liberty.

"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.

-------------------------------------------------------------------------------------

Lawsuit to block Measure B filed
By Mike A'Dair/TWN Staff Writer
Article Launched: 03/28/2008 11:33:50 AM PDT

A lawsuit seeking to block Measure B from going to the ballot was filed Wednesday, March 26.

The suit was filed by attorney Edie Lerman of Mendocino on behalf of clients Paula Laguna and George Hanamoto.

Richard Johnson, publisher of the newspaper Independent and chair of the Mendocino County Green Party, explained the basis for the suit.

According to Johnson, the lawsuit was filed against Measure B, because the measure "contains two distinct subjects: the repeal of Measure G and the reduction of medical marijuana possession limits to the state mandated minimum."

"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 the matter separately, and some may want to reject one while accepting the other," according to Johnson.

Major pot bust on Bell Springs Road

By The Willits News staff

Law enforcement officers raided an indoor marijuana grow on Bell Springs Road north of Laytonville on March 13, seizing 3,415 plants, 300 pounds of processed bud, four firearms and arresting two Mexican nationals.

The raid was led by a California Bureau of Narcotics Enforcement team assisted by the County of Mendocino Marijuana Eradication Team and federal Drug Enforcement Administration agents.

The large-scale three-site grow ran two large generators. The county Department of Environmental Health assessing the extent of environmental damage caused by leaking fuel and oil.

Dionicio Guardado, 30, and Ramon Guardado, 27, were arrested on suspicion of cultivation and possession of marijuana for sale and entering the United States illegally.

Thursday, March 27, 2008

MAKE SURE YOU KNOW THE LAW IN MENDOCINO COUNTY

The Mendocino County Board of Supervisors has adopted a policy and ordinance
regulating the cultivation and possession of medical marijuana.

Each qualified patient or caregiver acting for the patient will be allowed as follows:

• No more than 25 growing marijuana plants, regardless of age, size or condition of
the plants.

• No more than 25 growing marijuana plants per qualified patient, either indoors or
outdoors, per legal parcel, regardless of the number of qualified patients or
caregivers who live on that parcel. A “legal parcel” is defined as a unit of land for
which one legal title exists.

• No more than two pounds of processed marijuana per patient.

Wherever medical marijuana is grown, a copy of a current and valid, state-issued medical marijuana card or physician recommendation may be displayed in such a manner as to allow law enforcement officers to easily see the card without having to enter any building of any type.

Any person who is not the legal owner of a parcel and who is cultivating marijuana on
said parcel shall give written notice to the legal owner of the parcel prior to commencing cultivation of marijuana on said parcel and shall post notice at the cultivation site that the landowner has been informed.

The cultivation of marijuana, in any amount or quantity, shall not be allowed in the
following areas:

• Within 1,000 feet of a youth-oriented facility, a school, or a park; or
• Within 1,000 feet of any school bus stop; or
• Within 1,000 feet of any “church”.

All marijuana grown outside of any building must be fully enclosed by a fence at least six (6) feet in height. The fence must include a lockable gate that is locked at all times when a qualified patient or caregiver is not in the immediate area. Said fence shall not violate any other ordinance, code section or provision of law regarding height and location restrictions.

For further information on these ordinances, go to the Mendocino County Sheriff’s Office website: http://www.mendocinosheriff.com. Click on the Services link, then select Medical Marijuana.

Wednesday, March 26, 2008

Yes on B combats false accusations

NEWS RELEASE - March 26, 2008

On March 26, 2008, Laura Hamburg of the No On Measure B Coalition issued a press release accusing the Yes On B Coalition of "mounting a challenge" demanding the removal of Marsha Wharff as a signer on their ballot pamphlet rebuttal argument.

Hamburg also claimed that David Colfax's title as county supervisor was deleted from the ballot argument due to a challenge by the Yes On B Coalition.

Both accusations are false. The Yes On B Coalition had no role in the decisions by county officials to enforce state law on these matters.

For confirmation, contact County Counsel Jeanine Nadel.

East Hill drug bust, three arrested

By Linda Williams/TWN Staff Writer

When Mendocino County Sheriff's deputies responded to a domestic disturbance call at an East Hill Road residence just after midnight on March 18, they were surprised to find plastic containers of marijuana in plain view on the front porch. Three residents were arrested without incident.

Deputies seized more than 27 pounds of dried marijuana, drying marijuana estimated at about three pounds dried weight, a portable hashish lab and 26 grams of hashish from the Little Lake Valley residence.

Michelle Terese Roork, 43, was arrested on suspicion of possession of marijuana for sale, possession of concentrated cannabis and violating probation.

Shane Heiwa Roork, 23, was arrested on suspicion of manufacturing a controlled substance, possession of concentrated cannabis and possession of marijuana for sale.

Nicole Elizabeth LaBella, 19, was arrested on suspicion of possession of marijuana for sale and possession of concentrated cannabis.

Monday, March 24, 2008

Fort Bragg City Council endorses Measure B on 4-1 vote


On Monday night, March 24, the Fort Bragg City Council accepted a recommendation from its Public Safety Committee and voted to endorse Measure B, which appears on the June ballot in Mendocino County.


Councilman Jere Melo made the motion, seconded by Dave Turner. Other "aye" votes were Dan Gjerde and Meg Courtney. The only dissent was from Doug Hammerstrom.

The vote came after substantial public comment that began with Lori Cimolino, who lives on Cedar Street in Fort Bragg. She described how a next door neighbor has been growing a large number of plants in the backyard, so many that she described it as a "crop." She stated that the "stench" prevented her family from enjoying their own backyard and caused another neighbor to move away. Things got worse when the marijuana grower got a vicious dog to defend the crop, and the dog repeatedly got loose and has attacked Lori twice. When Lori complained to a police officer who lived nearby, she was told that nothing could be done under present policy if the marijuana grower showed medical marijuana cards.

Numerous other Fort Bragg residents spoke in favor of Measure B, expressing concerns about the effect of rampant marijuana production on youth, on the image of the county, and other problems.

Only four people spoke against Measure B, including marijuana grower Paul Deeter and her teenage daughter.

Willits mayor Holly Madrigal and Ukiah councilman John McCowen also urged the Fort Bragg Council to act, and each predicted that their own councils would take up an endorsement soon.
Fort Bragg Council member and current mayor Doug Hammerstrom strongly opposed action. He used the bogus argument that has been advanced by the No On Measure B Coalition, that Measure B would hurt public safety by diverting law enforcement away from serious crimes to arresting small growers.

Hammerstrom repeated this argument even though McCowen read the March 11 statement by Sheriff Allman:

"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."

Opposes Measure B

Editor's note:

It is important to point out that Sheriff Tom Allman has not only said that the No on B folks have taken his statements out of context, he has said he takes no position on Measure B except to say that he opposes the commercial cultivation going on in our county, does not target small growers, and that he is already focused primarily on violent crime and other issues. It is also important to note that state law has already makes possession of up to an ounce marijuana for personal use a simple misdemeanor with a possible $100 fine. In addition, Measure G did not "decriminalize" personal use or marijuana growing. Reversing it will not "criminalize" anything.

What's important is that Measure G's 25-plant "personal use" allowance generates more pot than anyone could possibly smoke and has led to the outright commercialization of what used to be mom and pop gardens - gardens that will continue to be safe from prosecution unless they - in Allman's own words: "Create a public nuisance, endanger public safety or trash the environment."

Ukiah Daily Journal Staff
Article Last Updated: 03/24/2008 08:48:42 AM PDT

To the Editor:

I wanted to be sure that people understand that if Measure B passes, it will make anyone with over six marijuana plants a felon. This was why Measure G was passed in the first place, to keep basically good people -- our friends and neighbors -- from going to jail. Sheriff Tom Allman has said publicly that it would be a burden on law enforcement if Measure G is overturned, and that his deputies wouldn't be able to focus on other public safety issues.

Why does over-production by some growers have to affect the thousands of people growing a few plants for themselves? We are not talking about huge grows in our forests and parks, we're talking about small backyard gardens grown by much of the population of Mendocino County! Please vote no on measure B. B = Bad!

Jean Hanamoto
Willits

Friday, March 21, 2008

Marijuana mythology?

Ukiah Daily Journal Staff
Article Last Updated: 03/21/2008 08:47:52 AM PDT

To the Editor:

The marijuana advocates use prescriptions (Rx's) for pot, to legitimize their growing marijuana. They speak of the ill who suffer unless they can obtain marijuana. This Rx argument is seriously flawed.

An Rx has a dose, a frequency of use, an amount, and is filled by a reliable pharmacy. Information is given concerning and the possible long term consequences. There is a limit to the refills, and the quantity of use is monitored, as well as the benefits or problems associated with the use of the Rx drug.

Marijuana Rx's are predominately given out by physicians, who do this for financial gain. The patient arrives with cash, tells a story. The physician then gives them their Rx, usually with little or no exam, and sends them on their way. The patient is not required to follow up, or verify that the Rx is effective. There is no dose, and there are no instructions on when, or how much should be used. Some of these encounters occur after the patient waits in a long line, sometimes stretching out a doorway onto the street. I had the opportunity to hear a doctor from Berkeley who is an advocate for marijuana speak. He has testified in front of the Supreme Court on behalf of marijuana as a Rx drug. I asked him how many patients he saw in the past few years for pot Rxs. His answer, 3,000. I then asked of the 3,000 individuals who came in, how many left without an Rx for marijuana? His answer, none. His charge for this service? $150 per person. Do the math: $450,000, paid in cash. No wonder he advocates for this practice. His list of diagnosis for pot included a juvenile who was stressed with being in juvenile hall, and wanted to smoke pot to sleep at night, while incarcerated.

Please don't be confused by my point here, there are a few people out there who benefit from smoking pot. I worked at the local AIDS clinic in the early 1990s. I have been a physician for the past 29 years, there are cancer patients, and others who use pot and benefit. Most smoke very modest amounts, and prefer not to be intoxicated, or high. There are local physicians who are careful, and do give good advice on marijuana.

What we have in Mendocino County is a system that is built on lies, and deceit. The growers stand behind the medical Rx argument. The pot grown here is sold elsewhere; the money comes back, and is not taxed. The criminal element becomes involved because of the cash involved, and because the entire enterprise is done behind closed doors. The sheriff and the police look the other way. The DA does not prosecute, and if they do, they do not seem to be able to win. The board of supervisors has placed a measure to repeal Measure G on the June ballot. I would like to support them. Repealing Measure G is a good first step. Having our DA request that physicians who run marijuana clinics be shut down by the state medical board is also needed. If we work together, we an return Mendocino County to the safe and serene place I moved to 19 years ago.

James Pretorius.
Potter Valley

Wednesday, March 19, 2008

Allman not taking stand on Measure B

By BEN BROWN The Daily Journal
Article Last Updated: 03/19/2008 09:10:04 AM PDT

Mendocino County Sheriff Tom Allman has not taken a position on Measure B, regardless of quotes used by No on B in the Mendocino County Voters Guide.

"As Sheriff, I have not and will not take a position on Measure B," Allman said. "It is my job to enforce the law, not make it. I support legitimate medical marijuana. I oppose commercial cultivation and sales of marijuana."

In its ballot argument, No on B quoted Allman as having said that reducing medical marijuana plant limits to the state guidelines of six mature plants or 12 immature plants and eight ounces of dried marijuana would be a burden on law enforcement and leave police unable to focus on any other public safety issue.

Allman said No on B took that statement out of context from a newspaper interview from March of 2007 about staffing levels at the Sheriff's Office.

Yes on B spokesman Ross Liberty accused No on B of misleading voters by including the quotes in its ballot argument.

"We intend to wage a campaign based on the facts and we challenge the opposition to do the same," he said.

Laura Hamburg, spokeswoman for No on B, said No on B applauded the sheriff for not getting involved in the race.

"We completely commend the sheriff for remaining neutral on Measure B," she said.

Hamburg argued that Measure B, which would repeal Measure G, the voter approved measure that set prosecution of marijuana gardens under 25 plants as the lowest possible priority for law enforcement, would tax law enforcement's resources by forcing officers to investigate small personal use growers instead of focusing on large scale commercial growers.

"Measure B does not address the problem; it creates a new problem," she said.

Allman did say that returning to state minimums for medical marijuana cultivation would cause some problems as it would force an increase in the number of officers necessary for full time marijuana enforcement.

"I would have to have a six-person marijuana team, year round, for two years," he said.

The Sheriff's Office currently has two deputies working full time on marijuana cases.

Regardless of whether or not Measure B passes in June, Allman said priorities at the Sheriff's Office will remain the same.

"Investigating violent crime will remain our top priority," he said. "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."

Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors, seeks to repeal Measure G, passed by Mendocino County voters in 2000. It would also set possession limits for medical marijuana at 12 immature or six mature plants and eight ounces of dried marijuana, the same as the limits set by the state.

The election is scheduled for June 3.

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

Three plead innocent of marijuana cultivation

By BEN BROWN The Daily Journal
Article Last Updated: 03/19/2008 09:10:04 AM PDT

Terry Israel and her codefendants, Victor Villalobos and Eric Weston, entered pleas of not guilty Tuesday to charges of marijuana cultivation.

All three were charged with marijuana cultivation after they were found in Israel's Canyon Court home with more than 600 marijuana plants on Jan. 22 by Mendocino County sheriff's deputies.

Weston is being represented by Public Defender Joe Rogaway; Villalobos is being represented by Alternate Defender Barry Robinson.

Israel has retained Omar Figueroa to defend her. Israel is a Ukiah Fire Department captain and has been placed on paid leave pending the outcome of her trial; she said previously she plans to retire from the UFD, but has not yet done so.

All three defendants have been released on their own recognizance. Their preliminary hearing is scheduled for 9:30 a.m. May 8.

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

Monday, March 17, 2008

Yes On B Coalition challenges the opposition: "Tell the Truth about Sheriff Allman's position"

"Tell the Truth about Sheriff Allman's position"

Sheriff Tom Allman is neither for nor against Measure B and does not say it would be a burden on law enforcement, contrary to the false impression being spread by the opponents to the Mendocino County ballot measure.

In fact, Sheriff Allman has made a statement that affirms: "Investigating violent crime will remain our top priority."

"The No On B Coalition took Sheriff Allman's words out of context and misled the voters," according to Yes On B Coalition spokesman Ross Liberty.

"We intend to wage a campaign based on the facts and we challenge the opposition to do the same," said Liberty.

In an article published by the Press Democrat
on March 11 [http://www1.pressdemocrat.com/article/20080311/NEWS/803110362], Allman stated that the remarks quoted by No On B were taken out of context and that he was not taking a position on Measure B. Nevertheless, the No On Measure B Coalition issued a press release March 12 that repeated the identical misleading characterization of Allman's position. Sheriff Allman signed a statement [photocopy of signed original attached via fax] on March 11 that clarifies his position.

Full text of statement:

"As Sheriff, I have not and will not take a position on Measure B. It is my job to enforce the law, not make it. I support legitimate medical marijuana. I oppose commercial cultivation and sales of marijuana. 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. Although I will not take a position on Measure B, I will say that Mendocino County will be a better spot when marijuana is not on the front page every day."

The Yes On B Coalition has provided this statement to the No On Measure B Coalition and asked that they quit misleading the public into believing Sheriff Allman has taken a position against Measure B or that he believes it will "burden law enforcement."

"All Measure B does is repeal Measure G which conflicts with state law, and adopts the state medical marijuana standards. Measure B will help law enforcement and patients by providing one standard so that everyone knows what to expect," said Liberty.

Measure B has two provisions:

(1) that the limit for medical marijuana users and primary caregivers will be the same as that provided in state law--6 mature plants, 12 immature plants, and 8 ounces of dried marijuana or more if recommended by a physician, and

(2) that Measure G (November 2000) is repealed, thereby removing the direction to the sheriff and district attorney to make enforcement of all marijuana laws the lowest priority and to not take any action on cases of 25 plants or less.

"Measure B will help put a stop to the fraudulent use of medical marijuana caregiver cards as a cover for the massive production of commercial marijuana for profit," said Liberty.

"There is a crisis throughout Mendocino County caused by a huge increase in commercial marijuana growing, much of it in residential neighborhoods, that has caused severe impacts on public safety, the environment, and our children," said Liberty.


For more info:
yesonbcoalition.org

Sunday, March 16, 2008

A doctor’s view of marijuana

To the Editor:

On Dec. 26, 2007, Linda Williams published a well-researched article in the UDJ that examined the use of marijuana as medicine. Most of this article was information dealing with the ill effects of marijuana usage. On Feb. 22, 2008, Mr. Tiny Harris followed with a letter to the editor, again pointing out the very serious medical conditions affecting the heart, liver and lungs. And in truth these are serious medical conditions, bringing on hard times and situations that are costly. Since Ms. Williams’ article back in December there has not been one pro marijuana spokesperson that has written letters to refute our contradict what she had to say. Mr. Harris can wait until hell freezes over, and not one pro marijuana spokesperson will be able to contradict what he has learned, the awful truth about marijuana. That should tell the critical thinker something.

The Ukiah City Council and the Board of Supervisors have listened and steps are now in place to repeal Measure G in an attempt to bring some sanity and control back into our county. I applaud and commend their efforts. Since they have initiated those first steps, several letters have appeared in the UDJ asking that Measure G not be repealed. Some of these letters are almost in-your-face confrontations. All have been ridiculous. Each of those writers have identified themselves to the public as pro-marijuana spokespersons, and in doing so have demonstrated to the public that somehow they have a stake in marijuana and its usage. Who are these stakeholders and why should they care so much about marijuana? First, there is the legitimate medical marijuana-using patient. We all know they exist, and we share with their concern and welfare. Then there are the users and abusers that can’t seem to get enough. They started out as innocent experimenters and have found that the price for enlightenment is pretty high. Next is the dealer, grower, or profiteer that reaps a huge reward from the first two categories. It is this group that keeps marijuana going. It is this group that will kill to keep their profits coming in. Without this group, and their ever-ready supply to keep the first two categories going, marijuana would not be a problem. Then there is another rare category that may be present. That is the very rare case of altruism, in which someone mistakenly promotes the use of marijuana, not to profit, but acts as an enabler for someone else because they feel it helps.

Some of the letters to the editor have been written by the above marijuana stakeholders. Some writers have expressed their feelings that it will hurt the “Mom and Pop” growers. Who are the “Mom and Pop” growers? Are they growing something legal or illegal? And why should this stakeholder care? One writer has a concern that our children’s future will be destroyed if we repeal Measure G. She somehow feels that if we repeal Measure G, the children will become dope dealers. Is this type of thinking a product of enlightenment? Another writer feels that “Pot growers are the future!” Wow! If this is the future, medical science must start finding a way to perform brain transplants, we are all lost. Marijuana has been compared with growing grapes for alcohol (wine) consumption. The Bible does say that a little wine is good for the stomach. But it also states that wine is a mocker and strong drink is raging and whomever is fooled thereby is not wise. Some have written that “prohibition never works.” That was true concerning alcohol because alcohol products became known as “bathtub gin” and could be made in secret. Marijuana grows can be easily identified by those that want to find them. Even when grown inside and away from prying eyes the electrical or fuel bills will give them away.

As a medical doctor, what is my stake in being against the widespread use of marijuana? I have been a doctor for nearly forty years. During that time, I dedicated my life to alleviate human suffering. Now a plague is upon us and duty calls to action. Those diseases that Mr. Harris mentioned are real, not imaginary. They are to be fought by all members of the health profession. There can be no advocacy for marijuana. Marijuana is now being touted as a medicine, but even prescription medications are dangerous in the wrong hands. Marijuana, as a medicine, is not being controlled as a medicine, and it is in the wrong hands. A proper medical prescription will include the name of the patient, in some cases the age of the patient, the medication being prescribed, the strength or dosage, and the frequency or how many times per day the medication is to be taken. With marijuana, it is left up to the patient to determine how much marijuana is going to be used an how many times per day it is used. This is bad medicine. And it will eventually bite you, the taxpayer.

In my earlier letter to the Editor, “The Emperor’s New Clothes,” I demonstrated that 25 marijuana plants had a potential to generate $100,000 profit; 25 plants could generate as much as 50 pounds of product, at $2,000 per pound. Now, the question must be asked: if marijuana is to be used as a medicine, how much marijuana is required by the legitimate medical patient? Is it the whole 50 pounds that can be generated by the 25 plants? If so, that is nearly one pound per week, and it must be having a disastrous effect on that person. How many times per day would that person be smoking to use one pound per week? Do you see the problem: As a doctor, I see problems with uncontrolled marijuana usage even in a person that is a “legitimate” medical patient using marijuana. I would be willing to bet that the legitimate patient is not using as much marijuana as we may feel they are using. And the fake patient is using as much as they can, but no one is using 50 pounds per year. So where is all of this marijuana going? It is being used somewhere and somehow for profit.

I mentioned that as a taxpayer, you will eventually feel the bite from marijuana usage, whether it be legal or illegal. So why legalize it? It will cause all kinds of medical conditions, with long term use, that will require medical intervention. The person that has been using it long term and acquired the medical condition will not be paying the bill. Most likely, the will be on welfare. That means MediCal. The tax payer will be paying those medical bills. If an insurance company has to pay, you can bet that the rates will increase, so it is only a losing proposition if marijuana is left out of control. I am sorry, Mom and pop growers growers, I have no sympathy for you.

What are the solutions?

First step: repeal Measure G by voting for Measure B.

Second step: have the doctors determine how much marijuana is required by their patients.

Third step: pressure must be placed on those who sit in high office to find better medical alternatives for those legitimate patients that use marijuana. We must find better ways to give them hop and alleviate their suffering.

Fourth step: There must be an all-out war on all illegal drug substances that are robbing this nation of such great promise. There are drugs much worse than marijuana, but marijuana is often the gateway to the enlightenment that these drugs promise.

James Cruise, M.D.
Redwood Valley

Letters to the Editor
Monday, March 10, 2008
Ukiah Daily Jounal

Measure B proponents, opponents organizing

By BEN BROWN The Daily Journal
Article Last Updated: 03/16/2008 12:33:22 PM PDT

Though the election is still three months away, both sides of the fight over the future of medical marijuana in Mendocino County have begun to organize.

Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors on Jan. 8, would repeal Measure G, passed by Mendocino County voters in 2000.

Measure G, the cannabis personal use ordinance, instructed law enforcement officers to make prosecution of anyone growing fewer than 25 marijuana plants their lowest priority. Late last year, the Board of Supervisors agreed to set medical marijuana limits at 25 plants in accordance with Measure G.

If passed, Measure B would set possession limits for medical marijuana at 12 immature or six mature plants and eight ounces of dried marijuana, the same as the limits set by the state.

Ross Liberty, speaking for the Yes on B coalition, said no person growing 25 plants is doing so for personal use because even the sickest person does not need that much marijuana.

Yes on B believes that Measure G has created a permissive attitude in the county that encourages large scale growers to come here to grow marijuana commercially with little fear of prosecution.

"Currently, local elected officials and commercial growers view Measure G as the mandate of the Mendocino County voters," Liberty said. "The Yes on B Coalition seeks to change that view by passing Measure B to show local elected officials and commercial marijuana growers around the world that we
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no longer want to be the world epicenter for commercial marijuana cultivation."

Laura Hamburg said Measure B is a step backward that would take law enforcement resources away from more serious crimes.

"It would make anyone with more than six plants a felon," she said.

Liberty said Mendocino County Sheriff Tom Allman has made it clear that serious crimes will always take top priority.

Charges of cultivation and possession of marijuana for sale against Hamburg, the spokeswoman for the No on B organization, recently were dismissed after a judge threw out evidence gained from a search warrant.

Hamburg said the garden was medical marijuana she was growing for herself, her sister and a neighbor. All three of them have medical marijuana recommendations.

Hamburg said No on B rejects arguments that repealing Measure G would reduce the number of large scale commercial growers in the county. Commercial growers do not know about or care about local marijuana laws, she said.

"If Measure B would stop large commercial growers and abuses it would be an outstanding measure, but it will not do that," Hamburg said.

She said most large scale growers don't live in Mendocino County and that the repeal of Measure G would not hinder them.

"Rolling back Measure G will do nothing but criminalize our residents, our friends and our neighbors," she said.

Hamburg said a better way to deal with commercial growers would be to work with law enforcement and educate legitimate medicinal growers to what the law is in Mendocino County.

Other organizations are also taking sides in the debate. The Mendocino County Farm Bureau endorsed Measure B last month.

"The board felt it would be better if the state and county guidelines were consistent," said Farm Bureau President Peter Johnson.

Though the board has taken an official stance on the ballot measure, Johnson said the board is not telling Farm Bureau members to vote for Measure B.

"It's up to our members to make their own decisions," he said.

The election is scheduled for June 3. For more information on No on B, go to www.nomeasureb.org; for information on Yes on B, go to http://yesonbcoalition.com.

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

Saturday, March 15, 2008

Probation search finds Brooktrails grow

By Linda Williams/TWN Staff Writer
Article Launched: 03/14/2008 12:22:10 PM PDT

Mendocino County sheriff's deputies searching the Brooktrails Birch Terrace home of Jimmy Leroy Dykes, 37, as part of the terms of his probation on January 16, located an indoor grow room with 43 marijuana plants from 1 to 4 feet in height and $14,000 in cash.

The deputies forwarded the case to the Mendocino County District Attorney for action. On March 6, Dykes was arrested on suspicion of cultivation and possession of marijuana for sale.

Friday, March 14, 2008

Register to VOTE YES on Measure B

Elections II
Primary ballot to include plenty at the local level

Click here to Register to VOTE

...Mendocino County voters will be deciding the North Coast's most interesting ballot measure. The county's Measure B calls for repealing a 2000 initiative that legalized personal use of marijuana and made the enforcement of pot-related laws the "lowest priority" for law enforcement.

A ballot statement supporting Measure B states that the existing rules "has made us a magnet for get-rich-quick growers who hide behind medical marijuana as a cover for commercial marijuana production." Opponents of Measure B say its a step backwards in the effort for more sensible marijuana laws.

The first day to apply for a vote-by-mail ballot is May 5. The last day to register to vote is May 19. Even without the attraction of a presidential contest, there are plenty of reasons to vote in the June 3 election -- and no good reason to stay away.

Charges dismissed against Mendocino activist - County judge throws out case against Laura Hamburg

By GLENDA ANDERSON
THE PRESS DEMOCRAT

A Mendocino County judge has dismissed marijuana charges against Laura Hamburg, a community activist and daughter of a former congressman.

The Thursday ruling follows a judge’s decision two weeks ago that quashed evidence found in October during a search of the Hamburg family compound near Ukiah.

The property is owned by former Congressman Dan Hamburg and his wife, Carrie.

The evidence was quashed because officers’ sworn statements in support of the search warrant failed to mention that Hamburg had provided them with county-issued medical marijuana documentation.

At the time of the raid, law enforcement said there were at least 50 mature pot plants, about 50 pounds of processed marijuana and $10,000 cash.

Laura Hamburg’s attorney, former prosecutor Keith Faulder, said Hamburg had medical marijuana documentation for two other people and was within the growing limits for that number of medical marijuana patients.

Wednesday, March 12, 2008

Marijuana raids on Cresta and Riverside

By BEN BROWN The Daily Journal
Article Last Updated: 03/12/2008 08:34:19 AM PDT

Two people, one of them currently under federal indictment, were arrested on drug charges Thursday after neighbors on Cresta Drive complained about the smell.

Mendocino County Major Crimes Task Force Commander Bob Nishiyama said officers served a search warrant on the home of Cynthia Nelson at 122 Cresta Drive Thursday and seized 30 mature marijuana plants and 265 smaller "clone" plants.

The 30 mature plants were in one bedroom of the house, while the clones were in a hydroponic setup in another, Nishiyama said. Some of the clone plants were very young, but others had root balls and had been planted in dirt.

"It was a very sophisticated setup," he said.

The Task Force filed for a search warrant on the house because of complaints about the smell of marijuana in the neighborhood, and a PG&E bill that was four times higher than normal.

"The smell, especially at the budding stage, is really strong," Nishiyama said.

The house had belonged to Nelson's mother, who died and left the house to her. Nishiyama said the house was mostly empty except for one room that Nelson rented out.

Based on the evidence from the Cresta Drive home, the Task Force obtained a second search warrant for Nelson's permanent residence on Riverside Drive.

Nishiyama said officers found 30 "mother" plants that he believed Nelson was using to make the clone plants found on Cresta Drive.

Officers also seized 72 grams of hashish, 22.7 grams of psilosybin mushrooms, 700 grams of marijuana and a .45 caliber rifle, Nishiyama said.

Officers also found Rustin Meadows-Paul of Potter Valley at the Riverside Drive home. Paul had been released by federal authorities pending trial on federal drug charges for allegedly growing marijuana in Potter Valley and driving it to Chicago, where it was allegedly sold to organized crime figures.

Nishiyama said Paul allegedly used several different cars to drive the marijuana cross country to sell to organized crime figures, who in turn sold it to street dealers and sometimes allegedly employed dishonest Chicago Police Department officers to steal the drugs back to be sold again.

"Mendocino County marijuana was ending up in Chicago with organized crime," Nishiyama said.

Nelson and Paul are both charged with cultivation of marijuana, possession of marijuana for sale, possession of hashish, possession of psilosybin mushrooms and being armed in commission of a felony. Additionally, Paul was charged with committing a felony while out on bail.

Both Paul and Nelson had medical marijuana recommendations.

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

BREAKING NEWS: Three sought in Redwood Valley pot robbery

Ukiah Daily Journal Staff
Article Last Updated: 03/11/2008 03:40:41 PM PDT

The Daily Journal

The Mendocino County Sheriff's Office is looking for three Hispanic males who are alleged to have robbed a man of several pounds of marijuana and $100 at his Redwood Valley home Tuesday morning.

According to sheriff's reports, the three men entered a home in the 1700 block of Daniel Drive in Redwood Valley at around 11:30 a.m. Tuesday and held the 61-year-old man who lived there at gunpoint.

The victim was trimming marijuana plants when the suspects entered, according to sheriff's report. The suspects allegedly tied the man's hands behind his back and stole several pounds of marijuana from the home as well a $100 in cash from the victim's wallet.

The suspects fled the home in a red sedan that is believed to have been either a Nissan or a Toyota. Sheriff's deputies are currently looking for the suspects and the case remains under investigation.

Tuesday, March 11, 2008

Mendocino sheriff: No stance on pot vote

By MIKE GENIELLA
THE PRESS DEMOCRAT

UKIAH -- An escalating war of words is being waged over Mendocino County's Measure B, which if passed in the June primary will repeal the nation's first initiative to legalize personal marijuana use.

By refusing to take an official position on Measure B, Sheriff Tom Allman had hoped to stay out of a divisive debate. Emotions are running high over an underground marijuana economy that now dwarfs legitimate agriculture production including timber harvesting.

But because a pro-medical marijuana group decided to include past Allman comments in its ballot argument against Measure B, the sheriff has reiterated his stance:

"I am not taking any position. That's not my job," Allman said.

At issue are Allman quotes in a ballot argument submitted by opponents of Measure B.

Allman is quoted as saying that if county voters were to adopt more restrictive state standards, it "would be a burden on law enforcement."

Allman is also quoted as saying his deputies "will not be able to focus on any other public safety issue."

The sheriff doesn't deny making the statements reported in The Press Democrat a year ago. But he said they've since been taken out of context.

"We've already stepped up our enforcement against major marijuana growing. It's already a burden," Allman said.

Measure B proponents argue that marijuana cultivation in the county is "clearly out of control." They want Measure B passed in hopes of keeping crime-related problems in check, while erasing the county's national reputation as a haven for marijuana growers.

Measure B would repeal a 2000 initiative that legalizes personal use of marijuana, and makes enforcement of pot-related laws the "lowest priority" for local law enforcement.

The 2000 pot initiative was passed by a large margin, which led medical marijuana advocates to lobby former Sheriff Tony Craver and the late District Attorney Norman Vroman. Craver and Vroman eventually agreed to adopt a local standard allowing up to 25 plants per individual for medical use. In comparison, state standards called for no more than six plants per person.

Since 2000, marijuana production has soared in Mendocino County, as it has statewide despite continuing state and federal efforts to crack down.

The ballot argument in support of Measure B contends that the relaxed county standard "has made us a magnet for get-rich-quick growers who hide behind medical marijuana as a cover for commercial marijuana production."

Opponents in their ballot argument said they fear Measure B "is a backward step towards marijuana re-criminalization that targets small-scale, personal use growers."

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

Monday, March 10, 2008

Measure B: Voters to set marijuana policy

By BEN BROWN The Daily Journal
Article Last Updated: 03/09/2008 11:19:25 AM PDT

After years of resolutions and city and county government proposals, Mendocino County voters have been called upon to once again define medical marijuana policy in the county.

Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors on Jan. 8, would repeal Measure G and set possession limits for medical marijuana at 12 immature or six mature plants and eight ounces of dried marijuana, the same as the limits set by the state.

Measure G, which was passed by Mendocino County voters in 2000, set medical marijuana limits at 25 plants and the equivalent in dried product, and dictated that prosecution of small-scale marijuana possession be the lowest possible priority for law enforcement.

Yes on B spokesman Ross Liberty said the measure is necessary to correct a perception that Mendocino County is a good place to grow marijuana commercially.

Liberty, who said he voted for Measure G in 2000, said the 25-plant limit has made it possible for a grower with the medical marijuana recommendations of several people to grow large amounts of marijuana to sell commercially with little fear of prosecution.

"It's reflective of the permissive attitude we have here," he said.

In its ballot argument, the No on B coalition said Measure B would target small-scale medical marijuana growers instead of focusing on the more serious threat of large-scale commercial growers.

"Mendocino County will not be made safer by cracking down on small personal use growers," No on B said in its ballot argument. "It will be made less safe by diverting police resources."

Liberty argued that 25 plants would provide far more marijuana than even the sickest patient could require for personal use.

"You can't smoke that much," he said.

Measure B will also clear up some of the confusion that law enforcement faces in Mendocino County by setting plant limits at the state standard, Liberty said.

"It doesn't add new layers," he said. "It repeals a bad law."

When Measure G was put to a vote in 2000, it passed with 58 percent of the vote. Liberty said those numbers do not intimidate Yes on B proponents.

He said a poll he had taken indicates Measure B should pass with 65 percent of the vote in June.

"One thing is certain," Liberty said. "If we lose, we're going to look back with misty eyes on 2008 and the minimal marijuana problem that we had."

For more information on Measure B and the Yes on B coalition, go to http://yesonbcoalition.org/.

The vote is scheduled for June 3.

Attempts to contact a spokesperson for No on B were unsuccessful at press time.

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

Friday, March 7, 2008

KZYX live interview with Norman DeVall - The Access Program

Did you hear the broadcast?
What did you think?

Baseball bat ends drug fight

By Linda Williams/TWN Staff Writer
Article Launched: 03/07/2008 11:31:14 AM PST

One Covelo man allegedly beat another following a disappointing drug deal, sending one man to the hospital and the other to Mendocino County jail.

Mendocino County sheriff's deputies were called to the Frank R. Howard Memorial Hospital on Tuesday where Michael Borton, 35, of Covelo, was being treated for serious injuries following an alleged assault.

Borton told officers he was beaten with a baseball bat by John Stafford, 35, also of Covelo, earlier that morning, severely breaking his arm. According to reports, Borton was at first vague about details of the assault and the factors leading up to it.

Later Borton told deputies, he and Stafford drove to Oakland on Monday to conduct an unspecified type of drug transaction. Stafford, on the drive back, as relayed to deputies by Borton, expressed dissatisfaction with the outcome of the transaction, blaming Borton for the bad deal.

Borton further told deputies Stafford called him Tuesday morning, threatening to kill him and insisting Borton owed him $2,000 from the bum deal. While Borton was driving along Airport Road in Covelo at about 8 a.m. Stafford allegedly approached him with a baseball bat, beating him severely. Borton was taken by ambulance to Howard Hospital for treatment.

Deputies located Stafford in Covelo on Tuesday afternoon and arrested him on suspicion of assault with a deadly weapon and making terrorist threats with bail set at $30,000.

Ukiah medical pot dispensary closing

By ROB BURGESS The Daily Journal
Article Last Updated: 03/07/2008 08:19:45 AM PST

Attention Ukiah medical marijuana patients: if you're reading this today, you only have around 24 hours left to take advantage of the area's only medical marijuana dispensary before it closes its doors for good.

Reflections of Avalon, located at 1490 S. State St., is going out of business Saturday, a mere three months after opening for business in December.

Aaron, the owner, who refused to give his surname, said the supply of medical marijuana patients trying to sell to him has far outweighed the demand by customers buying from him.

"Business has been pretty slow," he said. "I've been turning people away who have wanted to sell to me. Everyone seems to be growing their own. It's not like it was a few years ago."

Aaron said the fact that he didn't own the property the dispensary was situated upon would make it easier to close it down.

"I just rent the building," he said. "I'll just pick up and do something else."

He said that besides sluggish sales, safety was another concern for him and for his family.

"It's not worth the risk," he said, standing in the steel-reinforced doorway near the business's chain-link fenced parking lot underneath a surveillance camera.

Aaron said not to expect a priced-to-move liquidation sale of medical marijuana as the venture shuts down.

"I haven't bought anything for about a month and a half," he said. "By the end of Saturday I expect we'll only have a little brown bag left."

With the folding of Reflections of Avalon, and the recent closing of Mendo Remedies in Laytonville in December, and its subsequent reopening as an adult book store, Mendocino County currently has only one open medical marijuana dispensary, Herban Legend in Fort Bragg.

Paula Deeter, owner of Herban Legend, said her business hasn't suffered some of the same problems Reflections of Avalon has.

"We work as a cooperative," she said. "We work with patients that have extra. Others can't grow. It works collectively."

Deeter said that, in contrast to Reflections of Avalon, the supply and demand sides of her business have remained fairly stable.

"It definitely all works out," she said. "There's certain times of year that there's a glut. If Aaron had stayed in business a bit longer he might have seen that."

In January, the Mendocino County Board of Supervisors tabled a proposal to set strict guidelines for medical marijuana dispensaries in the county. The first ordinance would have set into place a series of rigid guidelines pertaining to dispensaries and capped the number at three, while the second would have effectively banned them altogether in the county.

Kristi Furman, clerk of the board, said the item has not been rescheduled for a future board meeting.

"There's nothing that has come to our attention at all," she said.

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

Thursday, March 6, 2008

Brooktrails pot bust, two arrested

By Linda Williams/TWN Staff Writer
Article Launched: 03/05/2008 11:14:18 AM PST

A sophisticated indoor marijuana grow on Oriole Drive in Brooktrails was searched on February 26 by Mendocino County Sheriff's officers, leading to the arrest of two residents. Nearly 20 pounds of processed bud, 152 mature pot plants, firearms and packaging materials were found during the search, say police. A 3-year old child at the was placed in the custody of Child Protective Services.

Danielle Lanzit, 26, and Nicholas Grilli, 27, were arrested on suspicion of cultivation and possession of marijuana for sale.

Based on an electricity bill found at the scene, the residents were apparently being helped with their $1,500 per month electricity bill by the CARE low-income subsidy, say deputies. For a three-person household to qualify for a CARE subsidy, gross income is limited to a maximum of $34,400 per year.

Lanzit and Grilli qualified in 2007 for a $350,000 mortgage with estimated payments of $30,000 per year and real estate taxes of $1,900 according to public records. These payments, along with the electricity costs, suggest a somewhat higher annual income than is allowed under the CARE program.

Pacific Gas and Electric Company does request verification of income for CARE subscribers, says spokeswoman Jana Morris. This verification typically involves an income tax return or record of wages and salaries. CARE procedures are established by the California Public Utilities Commission and PG&E is unable to question CARE subscribers even when electricity use nearly equals their total income allowed under the program.

At the wholesale rate of $2,500 per pound, the pot in the Oriole Drive home is valued at about $430,000.

Wednesday, March 5, 2008

Pot case search evidence quashed

By BEN BROWN The Daily Journal
Article Last Updated: 03/05/2008 08:21:37 AM PST

Laura Hamburg isn't the only marijuana defendant to have the evidence from a search warrant thrown out by a judge. Last month, Mendocino Superior Court Judge David Nelson ordered that evidence from a warrant served on Angie Pinches' Uva Drive home be suppressed.

Sheriff's deputies got a warrant after seeing marijuana plants growing at Pinches' home at 8401 Uva Drive on March 12, 2007.

Pinches is the daughter of 3rd District Supervisor John Pinches.

According to court documents, deputies violated Angie Pinches' privacy by entering her property at 3 a.m. without consent, walking 50 feet down a country driveway.

Nelson noted that there are instances in which officers have a valid reason to venture that far onto a private citizen's property, such as when they are serving an arrest warrant or searching for a witness.

"This case was not a daytime knock-and-talk but a 3 a.m. snoop by officers whose intent by their own candid omission was to get probable cause' for a warrant," Nelson said in his ruling.

Deputies had to walk 50 feet from the main road to the point where they observed the marijuana growing, according to the ruling.

"The officers had to take rather extreme steps to reach the point where they were able to make probable cause," Nelson wrote in his ruling.

According to the ruling, Pinches had a reasonable expectation of privacy on her property because the area sheriff's deputies used to access it was enclosed by a fence, though the gate was open, and had a motion sensor alarm.

"It is clear from the testimony and exhibits that the defendants took numerous steps to protect the shop from observation," Nelson said in his ruling.

Nelson also noted that the mailbox was at the end of a country road, as was the home's electrical meter.

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

Pot case search evidence quashed

By BEN BROWN The Daily Journal
Article Last Updated: 03/05/2008 08:21:37 AM PST

Laura Hamburg isn't the only marijuana defendant to have the evidence from a search warrant thrown out by a judge. Last month, Mendocino Superior Court Judge David Nelson ordered that evidence from a warrant served on Angie Pinches' Uva Drive home be suppressed.

Sheriff's deputies got a warrant after seeing marijuana plants growing at Pinches' home at 8401 Uva Drive on March 12, 2007.

Pinches is the daughter of 3rd District Supervisor John Pinches.

According to court documents, deputies violated Angie Pinches' privacy by entering her property at 3 a.m. without consent, walking 50 feet down a country driveway.

Nelson noted that there are instances in which officers have a valid reason to venture that far onto a private citizen's property, such as when they are serving an arrest warrant or searching for a witness.

"This case was not a daytime knock-and-talk but a 3 a.m. snoop by officers whose intent by their own candid omission was to get probable cause' for a warrant," Nelson said in his ruling.

Deputies had to walk 50 feet from the main road to the point where they observed the marijuana growing, according to the ruling.

"The officers had to take rather extreme steps to reach the point where they were able to make probable cause," Nelson wrote in his ruling.

According to the ruling, Pinches had a reasonable expectation of privacy on her property because the area sheriff's deputies used to access it was enclosed by a fence, though the gate was open, and had a motion sensor alarm.

"It is clear from the testimony and exhibits that the defendants took numerous steps to protect the shop from observation," Nelson said in his ruling.

Nelson also noted that the mailbox was at the end of a country road, as was the home's electrical meter.

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

Tuesday, March 4, 2008

NATIONAL NEWS: Mendocino County residents arrested in Nebraska; charged with possession with intent to sell - 30LBS of MARIJUANA seized

FOR IMMEDIATE RELEASE
NEBRASKA STATE PATROL
www.nsp.state.ne.us
Contact: Deb Collins 402-479-4985
February 11, 2008

Marijuana Seized in Buffalo- Hall County

On Sunday, February 10, 2008, a Trooper with Troop C-Headquarters, Grand Island stopped an eastbound, blue 1986 Toyota pickup with California plates for Speeding and having a headlight out. The stop took place around 6:17 p.m., on Interstate 80, near mile marker 263, in Buffalo County. A Nebraska State Patrol canine indicated the odor of drugs coming from the vehicle. A canvas bag in the bed of the pickup was found to contain 30 lbs of marijuana. The driver of the vehicle, 33-year-old Richard Pillesky of Laytonville, California and a passenger in the vehicle 24-year-old Amanda Knodle, of Willits, California, were each lodged in the Buffalo County Detention Center on a charge of Possession of Marijuana with Intent to Deliver.

Monday, March 3, 2008

Ex-fire capt. facing charges moving to Fla.

By BEN BROWN/The Daily Journal
Article Last Updated: 03/01/2008 10:06:44 AM PST

Terry Israel and her co-defendants, Victor Villalobos and Eric Weston, appeared in court Friday on marijuana charges but did not enter pleas.

All three were charged with marijuana cultivation after they were found in a Canyon Court home that contained more than 600 marijuana plants on Jan. 22, according to police reports.

Weston and Villalobos were assigned attorneys from the Public Defenders Office and the Alternate Defenders Office respectively. Israel was represented by Omar Figueroa.

All three defendants were released on their own recognizance with the stipulation that they will submit to search by police without probable cause.

Israel, a recently retired captain with the Ukiah Fire Department, told the court she was moving to Florida, and the judge granted her permission to leave the state based on her promise to return to Ukiah for all her court dates.

All three defendants were scheduled to appear on March 18 to enter pleas.

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

Isn't Measure G already illegal?

Ukiah Daily Journal Staff
Article Last Updated: 03/03/2008 08:55:00 AM PST

To the Editor:

Hasn't our constitutional right to petition been denied by the clerk recorder being told not to count the the petition signatures of a petition?

If it is unconstitutional for the supervisors to direct law enforcement to raise priority of the enforcement of a law, would it not seem reasonable that it is unconstitutional for that same body to tell law enforcement to lower priority enforcement of that same law or not enforce state or federal law? Therefore, it seems Measure G would be invalid also.

How do you tax something that is illegal to sell under current law?

SB420 describes what a primary caregiver is, and under sec11366 and 11366.5 seems to make a dispensary illegal under current law.

I personally believe in compassionate use, and that legalization and taxation, much like alcohol is a better way than what is happening now.

If my interpretation of the Constitution or the letter of the law is flawed, please inform me as I am willing to learn.

Bill Nash
Redwood Valley

From Yes On B Coalition:
For more info read the FULL Text of Measure G
&
Scroll to bottom of blog to read FULL text of Measure B

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
----------------------------------------------------------------

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.