Pubdate: Fri, 28 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

COURT HEARING SET FOR MENDOCINO COUNTY MOTION ON FED SUBPOENAS

The county of Mendocino is set to appear in federal court Jan. 4 to 
address its 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 court date is set for 2 p.m. in Courtroom 3 of the Northern 
District Court in San Francisco, according to County Counsel Tom Parker.

The county filed a motion with the federal court to argue that the 
subpoenas are "overbroad and burdensome" in the scope of what they 
demand, and are an "improper intrusion" on the county's and state's 
ability to govern its citizens.

Parker said the court could rule on the county's motion at the 
January court date, or could put off the current Jan. 8 deadline by 
which the county must respond in order to look further into the 
county's claims.

The subpoenas came Oct. 23 from 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."

The subpoenas ask for "any and all records" -- including financial 
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.

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

Collectives wanting to grow more medical marijuana plants than the 
county's 25-plant-per-parcel limit allowed could get a permit to grow 
up to 99 plants from the Mendocino County Sheriff's Office starting 
in June 2010, and ending in March of this year, after the U.S. 
Attorney's Office threatened legal action against the permitting program.
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