Pubdate: Thu, 31 Oct 2013 Source: Appeal-Democrat (Marysville, CA) Copyright: 2013 Appeal-Democrat Contact: http://www.appeal-democrat.com/sections/services/forms/editorletter.php Website: http://www.appeal-democrat.com Details: http://www.mapinc.org/media/1343 Author: Harold Kruger FAMILY SUES YUBA COUNTY OVER POT BUST Five members of a Browns Valley family have sued Yuba County, alleging their rights were violated when a sheriff's deputy confiscated most of their medical marijuana plants. The lawsuit filed this month in Yuba County Superior Court seeks an injunction to stop future "unlawful seizures" and "reasonable compensation" for the lost plants. "What I hope, a case like this will discourage the county or the Sheriff's Office from taking similar actions against other legal patients in the future," said Oakland attorney Robert Raich, who represents the family members. "It's sad that we need something like this to send a message to reluctant law enforcement about the need to comply with state law." Raich said the family did not run a medical marijuana dispensary. The plants were grown for their personal use, he said. Clifton Johnson, Clovis Hall, Brandon Hall, Jeremy Hall and Vonell Hobbs - three generations - alleged the deputy came to their home on Marysville Road in August 2012 and confiscated all but two of their plants, despite being shown "copies of medical cannabis recommendations" held by the plaintiffs. "I think it was - and I'm just speculating - it was in the middle of the federal government's crackdown on medical cannabis," Raich said. "They felt they had the green light to attack people who were patients, but were fully legal under state law." The suit alleges a county prosecutor, John Nash, developed "an underground policy" that "forbids private patient collectives, unless all members reside on the property where the cannabis is grown." District Attorney Pat McGrath declined to discuss the case. He referred questions to the County Counsel's Office. "We haven't been served with it," said Chief Deputy County Counsel John Vacek. "I don't know anything about it. It's been filed. It says what it says." Sheriff Steve Durfor also said he had not been served with the suit and had no comment on pending litigation. According to the suit, the deputy lacked "any probable cause or legal justification to seize or order the destruction of the cannabis plants at plaintiffs' residence." Johnson and Jeremy Hall were arrested, the suit said, and jailed for five days. Charges against them were later dropped, the suit said. Clovis Hall "made a plea agreement and he accepted probation," the suit said. "Taking somebody to jail, two people to jail, unjustifiably and leaving them for days is another element of damages," Raich said. - --- MAP posted-by: Jay Bergstrom