Americans for Safe Access Monitors Raids in Weitchpec and Offers Suggestions to Farmers

Americans for Safe Access, an organization devoted to ensuring patients have access to medical cannabis, is monitoring the ongoing law enforcement raids on marijuana gardens in the Weitchpec area. “No one is telling farmers what to do and how to be safe,” explained Kristin Nevedal, the Director of the Patient Focused Certification Program at the organization. “People are told to comply with law enforcement but there is not a lot of information about what they should do to comply.”

First, she cautions everyone to be non-confrontational. “When [law enforcement] comes into your homestead, their fight or flight mechanism is triggered,” she said. “Don’t run or make any sharp moves. We don’t want any injuries out there.”

Americans for Safe Access, she says, has put together information (see the press release at the bottom of the post) to help farmers respond safely to law enforcement.

In addition, Nevedal said she is collecting witness accounts about law enforcement actions in the Weitchpec area. Several affected farmers have contacted her relating their stories. Nevedal described one caller telling her that she had less than 100 plants and had two posted doctors recommendations. Nevedal said that the caller recounted that members of the Yurok Tribal Police as well as deputies from the Humboldt County Sheriff’s Department eradicated her plants which were on private, non-tribal land.

Nevedal said that several callers are reporting that law enforcement is asking each person detained how much marijuana they use daily, then saying that the amount of cannabis used is less than the amount in the garden. This, the callers say, then is used by the officers as admission of sales.

“Know your rights,” Nevedal stated. ” You can stay silent. Americans for Safe Access has a website available [see press release below] to help.”

Press release from Americans for Safe Access:

ASA would like farmers to know that they can take some precautionary measure this time of year to help secure their property should they be visited by or concerned about a visit from law enforcement.  The following information is not meant to be legal advice and folks with questions should consult with their attorney.

First off it’s always a good idea to prepare a farm folder, that shows all pertinent regulatory compliance information.  Make sure that the materials in the farm folder are copies and store the originals away from the farm where they are safe.

Small domestic water use permit from the water boards (everyone needs this)

If using ground water – 1602 permit from DFW

If drawing water from a well – the county permit for the well

If storing water in a tank, bladder or container of 5.000 gallons or more the County permit for the tank and the flat it sits on

If the farm has flats or terraces that are man made then the county permits, or paperwork from the engaged engineer helping the land owner file the permit paperwork

Prop 215 compliance paperwork such as patient recommendations, articles of incorporation, dispensary contracts, etc.

Tape a copy of the farm folder to the garden gate, or main entrance into the cartilage of the property/homestead area.  Farm folders can be posted in multiple locations if that feels appropriate.

If there is concern about law enforcement activity in your neighborhood and/or a visit from law enforcement consider taking the following steps to prepare your family and property.

Remove all guns and ammo from the property and never store on the same property where medical cannabis is grown or present.

Remove all valuables such as cash, jewelry, passports, etc.

Mark the water level in your water thanks with chalk, noting today’s date and photo the marked tank as well as the outgoing intact waterline

Do the same for any fuel reserves on site

Photo all medical cannabis gardens and collective or patient information.  Try to show that the medical and compliance paperwork is clearly visible and pertaining to the garden in the pictures you take.

Upload these photos to a drop box or cloud based file that is accessible regardless of loss of phone, camera, or computer

Set up a phone tree with your neighbors and know who, if any, of your neighbors are available to be citizen observers.  During the days of CAMP, peaceful citizen observation was key to reducing inappropriate law enforcement actions.  All citizen observation needs to be polite and non-confrontational.

ASA strongly urges that cultivators have their paperwork on site at all times.  If you wish to remain at your location, be prepared with your complete paperwork and remember that ASA recommends exercising your Fifth Amendment right by saying “I choose to remain silent” to any questions and then remain silent. For more information about your rights, please visit
http://www.safeaccessnow.org/law_enforcement_encounters_know_your_rights

We will be communicating with Redheaded Blackbelt and KMUD radio tomorrow so please tune in for updates.  Law enforcement sightings and interactions can be reported to KMUD radio, Kym Kemp of Redheaded Blackbelt, or to Kristin Nevedal of Americans for Safe Access.

KMUD – 707-923-2605

Kym Kemp – [email protected]

Kristin Nevedal – 707-498-9877 or [email protected]