Pubdate: Wed, 29 Aug 2012
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2012 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Paul Payne

LAWSUIT TARGETS SONOMA COUNTY POT SEIZURE RULES

A lawsuit against the Sonoma County Sheriff's Office could change the 
steps police officers must take before they destroy marijuana seized 
from people with a medical recommendation.

Longtime Sonoma County resident Joseph Reiter is suing the Sheriff's 
Office after deputies uprooted 119 plants he was growing in his 
backyard for himself and three other medical marijuana patients.

Despite clearly displayed authorization documents and a call from 
Reiter's lawyer, deputies hauled away the pot and burned it within 24 
hours, said Reiter's lawyer, Mark Clausen.

Misdemeanor cultivation charges against Reiter were later dismissed 
after he showed that he was growing within a 30-plant-per-person limit.

"By the time we got our foot in the door, all the pot was gone," 
Clausen said. "And they say, 'Sorry.' That's it."

The goal of the lawsuit is not to seek reimbursement for the 
marijuana but to change local rules and require a court hearing 
before any seized pot is destroyed.

Clausen said he and his client are also proposing a registration 
process for people with medical approval so police officers know in 
advance which pot gardens are legal.

Now, the Sheriff's Office operates under a provision in state law 
that allows for the destruction of seized marijuana if it amounts to 
10 pounds or more, without a court order.

If deputies determine it is impractical to store the marijuana, they 
may incinerate it after taking photographs and a sample that counts 
as evidence in any trial, Clausen said.

Assistant Sheriff Lorenzo Duenas wouldn't discuss the case, citing 
pending litigation. Nor would he reveal the department's routine when 
handling cases with large amounts of marijuana. He said only that 
deputies follow state law.

But Duenas said the fact that charges were dropped does not mean a 
garden is legitimate. And he said Reiter was not treated unfairly.

"We processed his case like any other case," Duenas said.

Reiter's attorney said that's exactly why they sued the sheriff. The 
statute is unfair to people who may be growing marijuana 
collectively, as they are authorized to do under state law, Clausen said.

In Reiter's case, he received a recommendation for marijuana from a 
doctor during treatment for back pain. Three friends who also had 
ailments -- and medical authorization -- were growing marijuana at 
Reiter's Windsor house, in full view of neighbors.

They grew exactly 119 plants -- one less than is allowed under local 
guidelines. Four medical marijuana cards were posted at the garden, 
Clausen said.

Still, deputies, acting on a tip from neighbors, seized the plants in 
August 2008 and arrested Reiter, 46. A deputy said one of the cards 
was expired, Clausen said.

Before Reiter could show proof that the recommendation was still 
valid, the plants were destroyed, Clausen said.

"If anyone had bothered to ask, he would have been happy to cooperate 
with authorities," Clausen said. "But they didn't ask."

Reiter was traveling Tuesday and unavailable for comment, Clausen 
said. He no longer lives at the Windsor house, the attorney said.
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