Pubdate: Thu, 27 Dec 2012
Source: Ukiah Daily Journal, The (CA)
Copyright: 2012 The Ukiah Daily Journal
Contact: http://www.ukiahdailyjournal.com/feedback
Website: http://www.ukiahdailyjournal.com/
Details: http://www.mapinc.org/media/581
Author: Tiffany Revelle

COUNTY'S MOTION TO QUASH FED SUBPOENAS PRAISED BY GROWERS

A growers' association on Monday lauded as "a courageous move" the 
county of Mendocino's filing of a motion to quash subpoenas from a 
federal grand jury for records the county keeps on its medical 
marijuana ordinance, Chapter 9.31 of the Mendocino County Code.

The motion, filed in the Northern District Court in San Francisco, 
argues that "the scope of the subpoenas is overbroad and burdensome, 
oppressive and constitutes an improper intrusion into the ability of 
the state and local government to administer programs for the health 
and welfare of their residents," Mendocino County Counsel Tom Parker 
wrote in a Dec. 21 statement.

The Emerald Grower's Association (EGA) and other cannabis activism 
groups, including CalNORML and others, had urged the Mendocino County 
Board of Supervisors to file the motion and "quickly lent the support 
of their legal advisors and community action teams," according to the 
Monday statement from EGA.

The subpoenas were issued Oct. 23 by the U.S. Attorney's Northern 
District Office, and were delivered to Auditor-Controller Meredith 
Ford, Sheriff Tom Allman, Sheriff's Office Financial Manager Norman 
Thurston, Sheriff's Capt. Randy Johnson -- who oversaw the county's 
erstwhile medical marijuana garden inspection program -- and the 
"custodian of records."

"This action is yet another example of the egregious misuse of 
federal funds by U.S. Attorney Melinda Haag," EGA Executive Director 
Kristin Nevedal said in a prepared statement. "Federal pressure has 
cost the county hundreds of thousands in lost revenue from the 
sheriff's zip tie program. In addition, the Board of Supervisors 
found it necessary to expend funds to hire outside counsel with the 
kind of expertise needed to handle these issues. The continued waste 
of taxpayers' money to attempt to prosecute those who are trying to 
abide by the law is an outrage."

The subpoenas ask for "any and all records" for the county's medical 
marijuana cultivation ordinance from Jan. 1, 2010 to the present, 
including all types of communication regarding 9.31, including with 
third-party garden inspectors and the Mendocino County Board of Supervisors.

County officials have said that the U.S. Attorney's Office hasn't 
made it clear why it wants the information.

The Board of Supervisors announced Dec. 11 that it had hired San 
Francisco attorney William Osterhoudt to help represent the county 
regarding the subpoenas.

Starting in June 2010, the Mendocino County Sheriff's Office issued 
permits to medical marijuana collectives that wanted to grow up to 99 
plants, an exemption from the county's limit of 25 plants per parcel.

The county permitted 91 collectives in 2011 alone, Sheriff Tom Allman 
said previously. The county stopped issuing permits in March of this 
year after the U.S. Attorney's Office threatened to file an 
injunction against the county's medical marijuana cultivation 
ordinance and seek legal action against county officials who supported it.

Growers can still buy zip ties from the MCSO for $25 apiece to affix 
to plants to show they are grown in compliance with state law.

Proceeds from the popular permitting program, along with zip-tie 
sales and other marijuana-related revenue had mounted to more than $1 
million by January of this year.

The federal subpoena also demands all financial records kept regarding 9.31.

The county has until Jan. 8 -- when the Board of Supervisors meets 
next -- to respond.
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MAP posted-by: Jay Bergstrom