Pubdate: Mon, 21 Jan 2013
Source: Los Angeles Times (CA)
Copyright: 2013 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Joe Mozingo
Page: AA1

CULTIVATING A COURT CLASH OVER MEDICAL MARIJUANA

Mendocino County Is Defying Federal Orders for Data on Registered 
Cannabis Growers.

Mendocino County is fighting efforts by federal prosecutors to get 
records on medical marijuana growers who signed up for a program 
intended to sanction their businesses under state law.

The county's resistance creates a rare legal clash between local and 
federal authorities over conf licting marijuana laws. The U.S. 
Justice Department has been targeting growers and purveyors of 
medical cannabis, and threatening local or state officials who try to 
regulate the trade, saying all marijuana use is illegal under federal law.

Last March, Mendocino County officials bowed to such threats and 
stopped issuing permits to grow up to 99 plants. Now county attorneys 
are urging a federal judge in San Francisco to quash a federal 
subpoena issued in October demanding information about the 
cultivation program, including applications of growers seeking permits.

Two marijuana advocacy groups seeking clearer laws in California 
filed briefs arguing that compliance with the subpoena would reveal 
confidential medical information and bank records and "undermine the 
county's considered and thoughtful attempts to regulate marijuana 
pursuant to state law."

"The message this sends to people across the state trying to comply 
in good faith with medical marijuana regulations is that they should 
operate below ground," said Adam Wolf, a San Francisco attorney 
representing the two groups, the Emerald Growers Assn. and Americans 
for Safe Access. "That's the last thing the government should do."

A spokesman for Melinda Haag, the U.S. attorney for Northern 
California, declined to comment on the case. The subpoena does not 
make clear what or who is being investigated. A hearing is set for Jan. 29.

Mendocino County instituted County Code 9.31 in 2010 to try to 
control a surge of marijuana cultivation. Robberies jumped as 
newcomers flooded in. And with no regulation, many growers illegally 
graded, logged and diverted creeks to produce huge, multimillion-dollar crops.

Some local growers wanted to "reintegrate into the county and not 
feel like outlaws," said county Supervisor John McCowen. Those who 
registered with the sheriff had to install security fencing and 
cameras, pay permitting fees up to $6,450 a year and undergo 
inspections four times a year. Every plant was given a zip-tie with a 
sheriff 's serial number on it.

Eighteen growers signed up the first year. Medical marijuana 
advocates hailed the zip-tie program as the first to create a clear, 
legal means for growers to supply the medical market.

George Unsworth, 60, was among those who participated. He loves to 
show photos from the day deputies first came to inspect his pot. "To 
be in a garden with them in a Mendocino forest, and not be in 
handcuffs facedown in the dirt, but to be shaking hands, it was 
beautiful," he said in an interview. "I take my hat off to Mendocino County."

The U.S. attorney was quick to show its disapproval. Drug Enforcement 
Administration agents raided the farm of the first person to 
register, Joy Greenfield. Still, 91 growers signed up the next year.

Agents then targeted Matt Cohen, the grower most vocal in advocating 
for the program and getting it set up.

Despite the raids, county officials planned to continue the program. 
It had paid for itself - generating an estimated $600,000 - over two 
years and allowed the sheriff to focus on growers causing more problems.

"The program drew a clear line between those who were doing 
everything to be compliant with local and state laws and people who 
were outlaws," McCowen said. "The marijuana industry was completely 
out of control, and the permit program was an effort to bring order 
out of chaos, and it was working."

But county officials stopped the permitting and inspections in March 
after the U.S. attorney threatened them with legal action. The 
federal subpoena landed in October, demanding records of inspections, 
applications, internal county emails, notes, memos and bank account numbers.

McCowen said he can't understand why prosecutors are focusing on the 
county's registered growers. "When you've eliminated all those 
outlaw, trespass growers, then come talk to us about our legally 
compliant 99-plant growers."

Lawyers for the county and the marijuana groups argue that the 
subpoena should be quashed because it seeks privileged information 
and would gut attempts to regulate medical marijuana. They say 
similar attempts by the federal government to undermine state and 
local marijuana laws were rejected in court.

Kristin Nevedal, chairwoman of the Emerald Growers Assn., said her 
members are very concerned about the subpoena. "All these folks who 
got involved in the zip-tie program really felt they were doing the 
right thing following state law."

Unsworth, who signed up for the program the first year, said he knew 
the demands by federal authorities were coming. An Air Force veteran 
with multiple sclerosis, he didn't care. He said he wanted to put his 
face on the medical marijuana movement and hopes the case goes to the 
Supreme Court.

"Until we change the federal law, we're breaking the law. Period. 
We're lawbreakers."
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MAP posted-by: Jay Bergstrom