By BEN BROWN and RICHARD ROSIER The Daily Journal
Article Last Updated: 05/03/2008 04:01:30 PM PDT
More than 800 marijuana plants, more than 100 pounds of marijuana and an assault pistol were seized during the search of a Robinson Creek Road home Thursday, according to reports from the Mendocino Major Crimes Task Force.
Task Force Commander Bob Nishiyama said officers served a search warrant on a house at 6620 Robinson Creek Road Thursday and found 885 small marijuana plants in two indoor gardens.
Officers also found between 100 and 150 pounds of finely ground marijuana, four ounces of "honey oil," a pound of processed marijuana, a set of brass knuckles and a Mac 10 assault pistol.
Officers arrested the home's occupants, Andy Daniel Smith and Tracy Lee Smith, on several drug charges. Their children, ages 7 and 3, were turned over to the Mendocino County Office of Child Protective Services.
Nishiyama said it appeared the suspects were using the finely ground marijuana to make "honey oil," a substance made by heating marijuana with butane to reduce it to a concentrated oil. He said there were 17 tubes for making honey oil and two cases of butane in the house.
In addition to the Mac 10, officers also found a one-footlong screw-on flash suppressor, designed to hide muzzle flash, and two 30-round magazines loaded with Black Talon ammunition.
Black Talon ammunition is designed to shatter on impact with a soft target in order to do maximum damage, Nishiyama said. The ammunition was pulled off the market by the manufacturer in 1993, and is illegal to import or sell in the United States, Nishiyama said.
He said the Task Force had not test fired the Mac 10 yet, but said the gun's design makes it easy to convert to fire on automatic. Neighbors in the area had complained about hearing automatic weapons fire, he said.
Officers also found a bypass on the home's electric meter, allowing the suspects to power their garden for free, Nishiyama said.
"They were able to run both indoor grows without paying for the electricity," Nishiyama said. "It was you and I who were paying for the electricity."
Nishiyama said bypasses like these are a public safety hazard because they pull enough power to cause transformers to blow.
"If it happens during the summer, it can be a considerable fire hazard," Nishiyama said.
The process of making "honey oil" can also be a fire hazard because it requires the use of volatile gas, Nishiyama said.
The Smiths were arrested on suspicion of cultivation of marijuana, manufacture of a controlled substance, possession of marijuana for sale, maintaining a residence for the production of a controlled substance, being armed in the commission of a felony, possession of an assault weapon, grand theft of utilities and felony child endangerment.
Both were booked into the Mendocino County Jail.
Ben Brown can be reached at udjbb@pacific.net.
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)
Saturday, May 3, 2008
Couple arrested in Robinson Creek pot raid
Wednesday, April 2, 2008
2 arrested in gang assault; searches find indoor grows
Ukiah Police officers arrested two men Monday in connection with a gang related assault late last month and uncovered two small marijuana gardens.
According to UPD reports, Robert Briseno, 31, and Jesus Martinez, 35, allegedly attacked two men in the parking lot of the Lucky's grocery store on East Perkins Street March 22.
According to police reports, Briseno had seen the victims inside the store earlier and taunted them by referring to them as "scraps" and challenged them to a fight outside.
According to police reports, "scraps" is an insulting term used by Norteño gang members to refer to Sureño gang members.
The two men responded that they were not gang members and Briseno left the store. When the two victims came out, Briseno allegedly attacked them. According to police reports, Martinez saw the fight and joined Briseno in attacking the two men, leaving his 3-year-old child unattended in the parking lot.
After the alleged assault was over, Briseno and Martinez fled the parking lot, according to police reports. Martinez allegedly grabbed the 3-year-old child, flung him into the car and drove off without securing the child or closing the door, according to police reports.
On Monday, officers stopped Martinez in his vehicle in the 600 block of East Perkins Street and arrested him on suspicion of assault with a deadly weapon, participation in a criminal street gang, child endangerment and conspiracy.
Officers served a search warrant on Martinez' home and found evidence linking him to the Norteño street gang as well as an indoor marijuana grow of more than 50 plants, according to police reports.
Martinez's children were turned over to Mendocino Child Protective Services.
A second warrant was served on Briseno's apartment on South Oak Street, where officers found evidence linking him to the Norteño street gang and an indoor marijuana grow totaling more than 80 plants, according to police reports.
Both marijuana grows were seized by members of the Mendocino Major Crimes Task Force.
While the search warrant was being served, officers found Briseno at work in the 700 block of South State Street and arrested him on suspicion of assault with a deadly weapon, conspiracy and participation in a criminal street gang.
Both men were booked into the Mendocino County Jail on the above listed charges.
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.
Friday, February 15, 2008
7 arrests, 5,000 pot plants in second raid
By BEN BROWN/The Daily Journal
Article Last Updated: 02/15/2008 09:09:38 AM PST
Seven people were arrested and more than 5,000 marijuana plants seized in Dos Rios Wednesday in an early morning raid by local, state and federal law enforcement officers.
Law enforcement officers served a search warrant on a remote ranch near the Eight Mile Bridge in Dos Rios at 7:30 a.m. Wednesday and seized 5,275 plants, ranging from seedlings to full-grown budding plants, as well as 100 pounds of processed marijuana, $20,000 in cash, two handguns and five rifles.
Officers also arrested: Kite Isaac Finds the Feather, 29, and Amanda Lee Wood, 28, both of Dos Rios, on suspicion of cultivation of marijuana, possession of marijuana for sale and child endangerment.
When officers arrived on scene to serve the search warrant, the suspects fled in a Jeep down a dirt track toward the Eel River, taking three children, ages 6, 5 and 2 years old, with them.
After the subjects were arrested, the children were turned over to Child Protective Services as per the drug endangered children protocol.
Mendocino County Sheriff's Office Lt. Rusty Noe said it was not clear whose children the kids were; Wood and Finds the Feather were living together in Dos Rios.
Officers were led to the ranch through investigation into a separate case by the County of Mendocino Marijuana Eradication Team and the Drug Enforcement Agency, which is ongoing.
"This was a spin off of that," Noe said.
COMMET, assisted by DEA agents, officers from the Bureau of Narcotics Enforcement and
deputies from the Sonoma County Marijuana Eradication Team, served the search warrant.
After the suspects were arrested, officers searched the ranch and found an extensive marijuana growing operation, Noe said.
Two structures on the property were being used to grow marijuana, according to sheriff's reports. One was a barn that had been converted into a grow room; the other was a starter room and processing shed.
The starter room contained 271 grow lights run by a 400-kilowatt generator. Noe said the generator was three or four times the size of a car.
"It was one of the most extensive grows I've ever seen," he said.
Officers also found a second 350-kilowatt generator at the ranch as well as 25 gallons of waste oil and a large plastic tank containing fuel for both generators. Officers called the Mendocino County Department of Public Health to investigate any possible environmental hazard.
When officers were leaving the scene, a Mendocino County sheriff's deputy saw a man walking on Highway 162 one mile from the scene and questioned him.
The man, Romero Juan Agudo, 24, was one of the people who had fled the house. Agudo told deputies that he was one of seven men living on the property who had been working in the marijuana garden, according to sheriff's reports.
On Thursday morning, sheriff's deputies arrested four more men who are alleged to have been part of the operation. One of the suspects, who had left his wallet at the scene, was identified as Antonio Alfonso Agudo, 21; the other men have not been identified.
All five men were arrested on suspicion of marijuana cultivation and were booked into the Mendocino County Jail on no-bail immigration holds. Noe said it is not uncommon to find illegal immigrants working in illegal marijuana gardens.
Wood and Finds the Feather were booked into jail and are being held on $500,000 bonds each.
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
----------------------------------------------------------------
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.
