05September2015

Cannabis News

Cannabis News

News stories relating to cannabis are found  in the articles below.


According to a Press Release from the Humboldt County Sheriffs' Office, dated August 9, 2012:
On 08-8-2012, approximately 8:30 a.m. the Humboldt County Sheriff’s Office Criminal Response Unit (C.R.U.) served a Humboldt County Superior Court Search Warrant in the Showers Pass area of Humboldt County. While enroute to serve the warrant deputies saw one of the suspects driving on Showers Pass road, near the search warrant location. Deputies stopped the driver, identified as David Collenberg, 30 years old, from Eureka. When speaking with Collenberg, deputies saw a .357 revolver next to the driver’s seat. The revolver was loaded. Deputies were aware Collenberg is a convicted felon and was prohibited from owning a firearm. Collenberg was arrested for being a felon in possession of a firearm, carrying a concealed firearm, and carrying a loaded firearm in a vehicle and was transported to the Humboldt County Correctional Facility to be booked on those charges.

Deputies continued driving towards the search warrant location, and saw another person suspected of being involved in the case they were investigating. He was identified as Grady Longacre Jr. 35 years old from McKinleyville. Longacre Jr. was driving an excavator when deputies contacted him. Longacre Jr.had a Winchester Rifle with him on the excavator. Deputies were aware Longacre Jr. was prohibited from owning a firearm. He was arrested for possession of the firearm. Deputies proceeded to the search warrant location where the warrant was served. When deputies arrived they located 961 growing marijuana plants in eight greenhouses on the property, approximately $1,800.00 dollars in US currency, along with 33 pounds of dried and processed marijuana. When deputies searched the residences on the property they located two inoperative diesel powered marijuana grows.

Longacre Jr. was booked into the Humboldt County Correctional Facility on charges of possession of a firearm by a prohibited person and possession of marijuana for sale. Collenberg bailed out of jail before deputies could add additional charges of possession of marijuana for sale. Those additional charges will be sought through the Humboldt County District Attorneys Office.

Anyone with information for the Sheriffs Office regarding this case or related criminal activity is encouraged to call the Sheriffs Office at 707-445-7251 or the Sheriffs Office Crime Tip line at 707-268-2539.

According to a Press Release from the Humboldt County sheriffs' Office, dated August 8, 2012:
On 08-7-2012, approximately 9:00 a.m., the Humboldt County Sheriff’s Office assisted by Hoopa Tribal Police, the Bureau of Indian Affairs, US Marshalls Office, California Department of Justice Bureau of Narcotics Enforcement, Humboldt County Drug Task Force ( H.C.D.T.F.), Bureau of Land Management( B.L.M. ) and Campaign Against Marijuana Planting ( C.A.M.P. ) eradicated 26,600 marijuana plants ranging from 4-6 feet in height in the Mill Creek drainage in the Hoopa Reservation. Two helicopters were utilized in the eradication. Several loads of garbage were also removed. The investigation is ongoing.

Anyone with information for the Sheriffs Office regarding this case or related criminal activity is encouraged to call the Sheriffs Office at 707-445-7251 or the Sheriffs Office Crime Tip line at 707-268-2539.

Shown below- a photo taken at the grow location:

According to a Press Release from Americans for Safe Access, dated July 18, 2012:
Late yesterday, U.S. Representative Sam Farr (D-CA) and 18 co-sponsors introduced HR 6134, the "Truth in Trials" Act, bipartisan legislation to allow defendants in federal criminal prosecutions the ability to use medical marijuana evidence at trial, a right not currently afforded them. Because of a June 2005 U.S. Supreme Court ruling in Gonzales v. Raich, the government has the discretion to enforce federal marijuana laws even in medical marijuana states. The Raich ruling also allows federal prosecutors to exclude all evidence of medical use or state law compliance in federal trials, virtually guaranteeing the convictions of medical marijuana patients and providers.

According to a press release from the Mendocino County District Attorney's Office, dated March, 1, 2012:
As recently reported by the local media, Mendocino County Ordinance, §9.31, has been amended by the Mendocino County Board of Supervisors to, among other things, withdraw an important aspect of the ordinance that allowed for local regulation and oversight over certain conduct that may be lawful pursuant to the 1996 California voter-approved (55.6%) initiative, Proposition 215, now codified as California Health and Safety Code §11362.5, et seq., and including follow-on legislation. 

For the limited purpose of this status report, §9.31 had two major components relevant to this discussion – the voluntary and mandatory components.  Simplistically stated, §9.31 codified (in the form of a nuisance ordinance) “community standards,” those standards being no more than 25 plants allowed per parcel no matter the number of recommendations people may attempt to attach to that single parcel.  If patients with lawful physician’s recommendations wish to be up front and out in the open, Sheriff-issued and registered zip ties continue to be voluntarily available for purchase at $25 per plant.  Voluntary zip tie participation requires patients to voluntarily disclose to and register with law enforcement the location of medicinal plants, and allow for the registered plants to be inspected and monitored by Sheriff deputies and/or third party inspectors.  Whether or not zip tie participation was in fact occurring -- since early 2011 – has been one factor considered among many by the prosecuting attorney in determining whether allegations of illegal marijuana-related conduct were valid.  It is important to note that defendants prosecuted, convicted and currently on grants of probation pursuant to the District Attorney’s Health and Safety Code §11470.2 option (misdemeanor prosecution with restitution paid to law enforcement) are required to have a Sheriff-issued zip tie for each plant, one and above, during the full term of their probation.  Again, the aforementioned zip tie program is still operating and zip ties are available for grow year 2012 for probationers and non-probationers alike at the Sheriff’s Low Gap Road administration office.The zip ties are available to veterans and Medicare-qualified patients at 50% fee reduction.

The more problematic aspect of the retooling of §9.31 is the elimination of the 26 to 99 plant exemption or variance for collectively or cooperatively-grown medicinal cannabis.  Pending further review, which includes judicial review of litigation pending before the California Supreme Court, this local law enforcement-based disclosure and monitoring program is not be available during grow year 2012.  Please consult private counsel if you have questions about what this means for your fact-specific situation. That having been said, it continues to be the recommendation of the Mendocino County District Attorney that all patients seeking to stay legal in their effort to homegrow medicinal marijuana do so on (1) authorized private property and, (2) for those growing on property located in the Sheriff’s jurisdiction, that you purchase and participate in the voluntary aspect of the Sheriff’s registered zip tie and monitoring program not to exceed 25 plants.  Participation will continue to be one factor considered by the prosecuting attorney if allegations come before him of criminal wrongdoing.  Finally, it is the position of the Mendocino County District Attorney that any marijuana grown in trespass situations or on public lands – whether with a recommendation or not -- shall never be deemed legal.  Individuals promoting or otherwise participating in such unlawful conduct will be vigorously prosecuted to the full extent of the law.

The California Supreme Court issued an order on January 18, 2012 indicating its intent to review two medical marijuana cases that have resulted in the suspension of several local dispensary ordinances across the state. Accordingly, the appellate rulings in Pack v. City of Long Beach and City of Riverside v. Inland Empire Patient's Health and Wellness Ctr., Inc. have both been vacated pending the High Court's review and ruling. The Pack decision held that some dispensary regulations are preempted by federal law and the Riverside decision held that localities could legally ban distribution altogether.

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