Jerry Brown's More Stringent Marijuana Laws Now Being Enforced?
Take note Humboldt County, apparently, Attorney General Jerry Brown’s new policies are being implemented. In spite of growing within the guidelines posted on the Mendocino County Sheriff’s web site, Laurel Krause was arrested last Friday at her home just outside of Fort Bragg and booked on two felony counts.
Krause claims in a letter to have been growing one less plant than the limit the Mendocino County Sheriff set as allowable. She did acknowledge in a phone interview with me that she did not have her 215 posted but she also said that the deputies assured her that “We know you have one.”
According to the incident report, Krause had “a metal connex container with a sophisticated indoor marijuana growing operation, containing 24 mature budded plants.” She also had small amount of processed bud and $1000 cash. According to a screen shot of the Mendocino County Sheriff’s web page taken on the day after Krause’s arrest(see below the line for a partial shot), medical marijuana growers are urged to “Make Sure You Know The Law Before You Grow… .” At the time, the website said that there should be
- No more than 25 growing marijuana plants per qualified patient, regardless of age, size or condition of the plants.
- No more than 25 growing marijuana plants, either indoors or outdoors, per legal parcel, regardless of the number of qualified patients or caregivers who live on that parcel. A “legal parcel” is defined as a unit of land for which one legal title exists.
- No more than two pounds of processed marijuana per patient.
The site implies that while a medical card “MAY” be displayed it isn’t necessary. Several other low number plant grows were busted on the same day.
Last May, Mendocino County Sheriff Tom Allman in an interview on this blog asked in exasperation, “Why can’t we have one law for the 58 counties?” With what is legal in one county landing a grower in jail in another, he worried that both growers and ordinary citizens are confused and frustrated with both law enforcement and the lawmakers. Jerry Brown’s guidelines apparently provide the consistency that Allman asked for. So now Mendocino is changing who can be the target of law enforcement. The website no longer contains the 24 plant guideline and now reads “Due to several recent changes regarding Medical Marijuana laws, this site will be updated as soon as possible with the most current information.”
An attempt to get a comment from the Mendocino County Sheriff’s office failed as the spokesperson was unavailable until tomorrow.
Given the close working relationship between Allman and Gary Philp (as well as other Northern California Sheriffs), will Humboldt County and other areas of the Emerald Arena change their policies next?
Update: The Times Standard has a wonderful op-ed
piece about tightening punishment for marijuana
growers. I recommend it highly.
Medical Marijuana – Main Page | Zip Tie Program Q & A | Prop 215 FAQ | SB 420 | Chapter adding 9.31| Chapter adding 9.36 | Attorney General’s Guidelines (August 2008) | City of Willits – Marijuana OrdinanceMedical Marijuana
Make Sure You Know The Law
Before You Grow Medical Marijuana
In Mendocino CountyDue to several recent changes regarding Medical Marijuana laws, this site will be updated in as soon as possible with the most current information.
The Mendocino County Board of Supervisors has adopted a policy and an ordinance regulating the cultivation and possession of medical marijuana.
Each qualified patient or caregiver acting for the patient will be allowed as follows:
Wherever medical marijuana is grown, a copy of a current and valid, state-issued medical marijuana card or physician recommendation may be displayed in such a manner as to allow law enforcement officers to easily see the card without having to enter any building of any type.
Any person who is not the legal owner of a parcel and who is cultivating marijuana on said parcel shall give written notice to the legal owner of the parcel prior to commencing cultivation of marijuana on said parcel and shall post notice at the cultivation site that the landowner has been informed.
The cultivation of marijuana, in any amount or quantity, shall not be allowed in the following areas:
All marijuana grown outside of any building must be fully enclosed by a fence at least six (6) feet in height. The fence must include a lockable gate that is locked at all times when a qualified patient or caregiver is not in the immediate area. Said fence shall not violate any other ordinance, code section or provision of law regarding height and location restrictions.