Meredith Lintott issued the following statement April 30:
Today I am announcing my endorsement for Measure B. I do so because Measure B is consistent with the protection of the rights of legitimate medical marijuana patients and will provide consistency in the law which will greatly assist in the successful prosecution of commercial growers.
As a candidate for District Attorney I pledged to protect the rights of medical marijuana patients and caregivers. I also said I would prosecute those who abuse the protections given to medical marijuana as a cover for commercial growing.
As District Attorney, it is obvious to me that Measure G has become a barrier that greatly complicates the prosecution of solid cases, even where there is overwhelming evidence of commercial cultivation, possession, transportation and sales. The defense attorneys never fail to cite Measure G as a defense for those charged with violating the laws against commercial marijuana. This is true even for the largest growing operations.
Measure G was widely considered to be an advisory measure when it passed, but was later codified as part of the Mendocino County Code. More recently the Board adopted the 25 plant limit from Measure G as the standard for the County, although there is some question whether or not the action of the Board adequately covered all the legal bases.
Measure G, if it is law at all, is bad law because it is internally inconsistent and its major provisions are of dubious legality. Most significantly, it is in direct conflict with state law and defense attorneys are skillful at emphasizing conflicts in the law in order to create doubt on the part of jurors.
As a prosecutor, Measure B will make my job easier by providing consistency in the law. I also believe the state limits protect the rights of medical patients and therefore no legitimate medical patient will suffer if Measure B passes. Otherwise, I would not support Measure B. The current situation threatens to create a backlash that would undermine support for legitimate medical marijuana.
I will accept the passage of Measure B as a mandate from the public to focus marijuana enforcement and prosecution activities on the large commercial growers and those that are endangering public safety and harming the environment. I will also challenge the public to support adequate funding for enforcement and prosecution so that Sheriff Allman and I can carry out the mandate of the public to go after the commercial growers that are harming our county and our environment.
Meredith J. Lintott
District Attorney
Measure B - Listen/View online
- WATCH - Measure B debate / MCTV (cable ch 3) -- 05.05.08 - 8:15pm & 05.06.08 - 7:00pm
- LISTEN - Yes on Measure B / KMEC - 04.15.08
- LISTEN - Measure B debate / Ukiah City Council - 04.14.08
- WATCH - Measure B debate / Ukiah City Council - 04.14.08
- LISTEN - Measure B / KZYX - 04.10.08
- LISTEN - No on Measure B / KMEC - 04.08.08
What is Measure B & why is it needed?
Quotes of interest
-- 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)
Thursday, May 1, 2008
District Attorney Meredith Lintott endorses Measure B
Friday, April 18, 2008
Marijuana reform measure endorsed
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.
Wednesday, April 9, 2008
City Council to take another look at Measure B
The Ukiah City Council will once again consider endorsing Measure B at its next meeting on April 16.
The decision to reconsider endorsement comes just weeks after the Fort Bragg City Council voted to endorse Measure B. The Willits City Council is scheduled to discuss endorsing the measure on Wednesday.
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.
Last year, the Board of Supervisors used Measure G as a guide to set county medical marijuana possession limits at 25 plants per parcel and two-pounds of dried marijuana.
Although all five Ukiah council members said they personally support Measure B, the City Council in February put off the decision on whether or not to endorse Measure B in order to organize a forum on the subject.
That forum is set for 6:30 p.m. on April 14. Members of both sides of the argument have been invited to share their arguments and answer questions from the audience.
Supporters of Measure B say it's passage would correct a perception that Mendocino County is a good place to grow marijuana and help put a stop to increasing commercial marijuana growing in the county.
Opponents say the passage of Measure B would take law enforcement resources away from more important problems and make anyone in possession of more than six medical marijuana plants a felon.
Opponents also say Measure B will have no impact on large scale commercial marijuana grows.
The election has been scheduled for June 3.
Ben Brown can be reached at udjbb@pacific.net
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."
Measure B on the June ballot will provide:
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
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?
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
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'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.
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
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
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.
