Pubdate: Mon, 21 May 2001
Source: Press Democrat, The (CA)
Copyright: 2001 The Press Democrat
Contact:  http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Guy Kovner, The Press Democrat

POT GROWER LEADING RECALL OF MARIN D.A.

Medical Marijuana Figure Kenneth Hayes Contributed $1,500 To Try To Oust Kamena

A man acquitted in a Sonoma County medical marijuana case is a financial 
backer of a bid to recall Marin County's top prosecutor.

The recall, mounted by medical marijuana advocates, is the lone issue on 
Tuesday's ballot.

Kenneth Hayes of Petaluma, acquitted of marijuana cultivation charges in 
Sonoma County, helped finance the recall effort in Marin.

Another Petaluma resident, Democratic Rep. Lynn Woolsey, is on the opposite 
side, giving money to defend District Attorney Paula Kamena.

The recall has caught the attention of state officials, who said last week 
they were launching a criminal investigation into possible fraud by those 
circulating petitions for the recall.

The Kamena recall is considered a test case of a statewide effort targeting 
district attorneys critical of Proposition 215, the 1996 state initiative 
allowing cultivation and use of pot for medicinal purposes. In Marin 
County, Proposition 215 passed with 73 percent of the vote.

Kamena, elected in 1998, is among the prosecutors who have set guidelines 
for medical marijuana cases, but critics say she still allows police to 
arrest people and confiscate their plants.

Sonoma County District Attorney Mike Mullins last week announced guidelines 
allowing patients with doctor approval to grow enough plants -- up to 99 -- 
to produce a maximum of three pounds of processed marijuana a year.

Mullins' action came a month after he lost a high-profile jury trial in 
which Hayes said he was raising hundreds of marijuana plants for a San 
Francisco buyers club.

According to campaign finance reports, Hayes and four other people put up 
most of the $9,870 that paid for the Kamena recall petition drive.

Hayes contributed $1,500, second only to Lynnette Shaw, director of a 
marijuana distribution club in Fairfax, who said she contributed $5,000 
from a car insurance settlement.

Woolsey was among the scores of public officials, attorneys and business 
people contributing to Kamena. Woolsey gave $250, the report said.

Neither Hayes nor Woolsey could be reached for comment.

Kamena's campaign said it had received $127,454 and spent $69,859 as of May 5.

Members of a Marin County trading firm gave more than $9,000, and district 
attorneys from 11 other counties supported Kamena.

Meanwhile, the Marin Alliance Legal Defense Fund, which got the Kamena 
recall on the ballot, ceased activity in December and filed for termination 
in April.

Shaw was listed as treasurer of the legal defense fund.

Her one and only financial disclosure said the group collected $9,870 and 
spent $9,793, with all but $1,000 paid to 16 people who circulated petitions.

The recall campaign against Kamena was started by parents angry about 
child-custody cases in Marin courts. The drive fizzled, and Shaw's group 
took up the cause.

Medical marijuana is not mentioned on the petitions, prompting speculation 
by Kamena supporters that residents were misled into signing the recall 
petitions.

Tom Van Zandt, a patent attorney, is the only candidate to succeed Kamena 
if she is recalled.
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