Global Ganja Report

In a move that raises questions over the rights and limits of tribal sovereignty, Mendocino County sheriff's deputies on Sept. 22 raided a medical marijuana grow operation on Indian land just outside Ukiah—targeting a project hailed as a new economic model for cash-strapped tribes. Some 400 outdoor plants were eradicated on lands of the Pinoleville Pomo Nation. Deputies also seized more than 100 pounds of trimmed and drying bud at a Ukiah laboratory run by the tribe where cannabis-infused honey oil was being produced.

The Pinoleville Pomo Nation of Northern California's Mendocino County is set to be the first Native American tribe to grow cannabis, pursuant to the new Justice Department policy taking a hands-off approach to cultivation on Indian reservations. The 250-member tribe signed a contract last month with Kansas-based FoxBarry Farms and Colorado-based United Cannabis to develop a large-scale grow operation on its 99-acre rancheria just north of Ukiah. "We anticipate construction to begin in early February, and operations to commence by the end of the month," Barry Brautman, president of FoxBarry Development Company, told Indian Country Today Media Network. "Our first phase will include 90,000 feet of greenhouse space, and another 20,000 feet of indoor space." FoxBarry will also oversee distribution for California's medical market. Cannabis grown on the rancheria will be distributed only to card-holding medical users and dispensaries. “Our business model involves doing everything legally and by the book,” Brautman emphaszied to the Santa Rosa Press-Democrat.

The US Supreme Court ruled 5-4 on April 22 in Navarette v. California that a traffic stop that led to a marijuana arrest was constitutional because police had reasonable suspicion the driver was intoxicated. In 2008, California Highway Patrol officers stopped Lorenzo Prado Navarette's pickup truck on a Mendocino County road based on a 911 tip about reckless driving. The officers said they smelled marijuana when approaching the vehicle. They conducted a search and found 30 pounds of cannabis. Navarette and a passenger were arrested and charged. At trial, they moved to suppress the evidence on grounds that the search violated their Fourth Amendment rights because the officers lacked reasonable suspicion when they pulled Navarette over. But in the opinion authored by conservative Justice Clarence Thomas, the majority found that while an anonymous tip will not always lead to reasonable suspicion, in this case it did. The court found that "under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Conservative Justice Antonin Scalia wrote a dissent that was joined by the court's liberals, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Conservatives John Roberts and Samuel Alito lined up with the majority, as did swing voters Stephen Breyer and Anthony Kennedy. (Sacramento Bee, This Week, Jurist, April 22)

Three medical marijuana groups have teamed up to support Mendocino County officials in their effort to fight a sweeping federal subpoena filed in October, seeking "any and all records" for the county's medical marijuana cultivation program, known as County Code 9.31. Last month, Mendocino County filed a motion in San Francisco federal court to quash the Justice Department's subpoena, and on Jan. 2 Americans for Safe Access (ASA), the Emerald Growers Association (EGA), and California NORML filed a joint amicus "friend of the court" brief in an attempt to protect the private patient records being sought. A hearing in the case is scheduled for 2 PM on Jan. 4, before federal District Court Judge Richard Seeborg in San Francisco.

The Mendocino Board of Supervisors and county counsel Thomas Parker are scheduled to meet in a closed-door session Dec. 4 to discuss a pending federal subpoena for records held by the Sheriff's now-defunct medical marijuana cultivation program, County Code 9.31—in which registrants were allowed to grow collectively up to 99 plants and were sold zip ties for $25 per plant to show they were being cultivated in compliance with state law. Medical marijuana patient advocates are urging the county not to comply with the subpoena and attempt to quash it. A brief public comment period is scheduled for 9 AM Tuesday just prior to the closed-door session.

The feds are promising an especially aggressive crackdown on Emerald Triangle cannabis growers this harvest season. "It's one of the most beautiful parts of this country, but it's just being destroyed by marijuana cultivation," said Randy Wagner, the DEA special agent in charge of Northern California operations. "I can tell you, we're going to be hot and heavy in Humboldt County from here on out." An Aug. 26 report n the Eureka Times-Standard says the feds are frustrated with the ongoing dispute over medical marijuana in California and determined to pick up the slack following harsh budget cuts at the state's Bureau of Narcotics Enforcement. The report suggests local enforcement is ready to cooperate directly with the DEA, even with reduced state involvement.

Doug Losak, recently appointed as the acting head of Mendocino County's legal department, was pulled over early July 3 and cited for allegedly having a concealed gun and cannabis in his vehicle, according to the Sheriff's Office. Deputies stopped Losak on Highway 101 for allegedly speeding and having a faulty license plate light. The deputies smelled marijuana and searched the vehicle.

Thanks to last year's redistricting, California now has a new Second Congressional District that some call the "Emerald Triangle District"—running from the Golden Gate to the Oregon border, through the cannabis counties of Mendocino, Humboldt and Trinity. The primary is in five days, and under California's new open-primary system, the two leading vote-getters will move on to the November general election, regardless of party. In the field of 12, the most outspoken herbal advocate is Garberville's veteran Earth First! tree-hugger Andy Caffrey.