The
MENDOCINO COUNTRY Independent
SHERIFF
UNVEILS MEDICAL MARIJUANA GUIDELINES
Web posted
April 9, 2009. Photos rj: Allman, left; Lintott, right.
In the jury room in the Ukiah courthouse for a noon
presentation to prosecutors and the defense bar on April 3, Mendocino
County Sheriff Tom Allman with great fanfare announced the 2009 version
of his medical marijuana guidelines in the form of a Directive dated
that day. Presumably, this is the standard his deputies will refer to
when investigating gardens. It does not however,
necessarily apply to the Major Crimes Task Force which does the heavy
lifting when it comes to eradications and arrests. Sheriff Tom said he
would be meeting with commander Bob Nishyama in the next few days to
see if they could agree.
The Directive also does not address the
model of cooperative or collective growing under SB420. That is
apparently to come later after consultations with county counsel.
All in all, the Directive does not reveal any new
approach, but is a seven page codification of the present ambiguities.
Those looking for clear guidance to avoid arrest and or prosecution
will not find it here.
One
exception is that the threshold between criminality and trying to
comply with medical marijuana law of sheer plant count as indicator of
the growers' intent is 40 plants, according to the Sheriff. 
Allman said he encourages people to call for
voluntary compliance checks, and that he intends to propose zip ties at
$25 and charge for eradications at the 4/20 BOS meeing. This
author continues to believe the most reliable way to avoid arrest and
prosecution is to avoid all contact with law enforcement and keep your
operations secret from everyone. (See Johnson's Guide to Growers on
www.mendocinocountry.com/
The MENDOCINO COUNTRY publisher also warns
that cultivators should be aware that if they are raided they could be
eradicated and prosecuted even if they are not arrested, even if they
are within the plant guidelines of SB420, even if there are no indicia
of sales.
There is a high likelyhood of conviction in court if
there is indicia, according to my observation of cases as shown in the
Prosecution Updates page in www.mendocinocountry.com/
Sheriff Tom refused to limit what are indicia,
saying "It could be anything," and it was defined in the evidence code
and this meeting was for lawyers who already knew. But his document
does mention illicit drugs, weapons and excessive amounts of cash.
Famously, scales, accounting documents,
security measures and any kind of separate packaging in baggies are
also considered indicia of sales, even if the amounts are
unequal.
The presentation included a list of departmental priorties
for marijuana eradication this year, including commercial grows,
environmentally damaging grows, grows involving water theft or
pollution; grows on public lands; trespass grows as on timber company
property; and complaints from the public. Finally at the end will be
calls for compliance checks.
Allman continues to repeat that last year deputies
investigated 154 gardens they found in compliance and left in place.
However he has not rendered a Measure G report as he promised to do
with data on calls, investigations, arrests and referrals to the DA
about marijuana.
Both the sheriff and DA fielded pointed questions from
marijuana lawyers who had concrete examples showing their deputies had
acted contrary to the polices these elected officials were assuring the
public were in place. They said several sheriffs and deputy DAs treat
any and all marijuana as criminal. They cited
examples such as raids are conducted on indoor grows with or without
warrants with the probable cause of smell only under conditions in
which the smell is everywhere in the neighborhood or not present at all
for example on a rainy windy night. They also alleged police profile
young non-White drivers of new vehicles especially SUVs, rented
vehicles, out of state vehicles, etc.
The complete presentation or document can be viewed as a video at
ukiahvalley.tv, or downloaded and read on the Sheriff's webpage,
www.mendocinosheriff.com/
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