In The News: Gallegos talks pot, meth and PL

◼ DA opines, gets feedback from McKinleyville Chamber - by KEITH EASTHOUSE/North Coast Journal Oct. 9, 2003

It wasn't an earthshaking meeting, just Humboldt County's DA out in the community keeping in touch with the people who elected him.

Or not.

The latter seemed most likely with this group, about 10 members of the McKinleyville Chamber of Commerce who spent an hour clustered around a table with Paul Gallegos at the Village Pantry restaurant on Central Avenue Monday afternoon. They were civil, even courteous, but the customary deference, even obsequiousness, normally accorded someone occupying Gallegos' powerful position was noticeably absent.

The elephant in the living room was the ongoing effort to force a recall election of Gallegos. Did the DA, as he talked with these folks and looked them in the eye, wonder how many of them want him ousted? Or has he compartmentalized things to such an extent that the issue never arose for him?

Regardless, he seemed his normal self: engaging, honest to a fault, combative when challenged. But still a little coltish, still a little unsure. Which would probably be the case even if there wasn't a recall movement afoot. Being elected DA is one thing; projecting the authority of the office takes time. Even Terry Farmer would admit that.

Marijuana was the first subject on the agenda; to be precise, the district attorney's new guidelines, which allow people who use pot for medical purposes to have up to three pounds. "Someone growing three pounds of pot is not a big problem compared to what we have in Humboldt County," Gallegos observed. "We have marijuana cultivation that's [on a scale of] thousands of pounds."

Gallegos said a long-term goal is greater uniformity in the medical pot guidelines that exist in California's counties. Right now, evidently, there's quite a bit of variation, although Gallegos said the guidelines in Humboldt, Del Norte and Sonoma are "identical."

Gallegos acknowledged that there has been resistance within the county to his guidelines. (He didn't specify from whom, but presumably he meant law enforcement.) "Some say their policy is still zero tolerance, but we are seeing some changes in some agencies, who say they are grateful for the clarity."

At this point, in what may have been the only time during the meeting when anyone directly praised the DA, one of the chamber members said they were "impressed" with the way Gallegos handled the medical marijuana issue.

The discussion turned next to meth. Artist Patricia Sennott wanted to know if Humboldt County was "making a dent" in tackling the drug problem. Gallegos didn't directly address the question, and instead talked about manpower limitations.

The testiest part of the meeting came when Ben Shepherd, who lost to Jill Geist in the 5th District supervisor's race last year, deftly used Gallegos' spiel about limited resources to challenge him about his fraud lawsuit against PL. "You said we have limited resources. Would putting one of our largest employers out of business help that?" Shepherd asked with an air of indignation.

Gallegos' initial response was, "I don't think we're going to put PL out of business." Then he added: "If as a result of their unlawful activities they are put in a position where they can't do business, that's a consequence they created themselves, not us."

A little later he asked, "Should I no longer prosecute marijuana cultivation because it may reduce jobs and money for this county?" To which Shepherd, clearly irritated, said, "I think you've carried that to an extreme far beyond my point."

The meeting soon broke up -- on a cordial note -- and everyone went his or her way. With, one suspects, their minds unchanged.

TS - >Route 299 murder suspect set for trial in August; case likely to lean heavily on evidence gathered from getaway car

◼ Route 299 murder suspect set for trial in August; case likely to lean heavily on evidence gathered from getaway car
The trial of a man accused of killing a marijuana robbery accomplice during a high speed chase on State Route 299 last year is likely to hinge on detailed forensic evidence gathered from the getaway car.

Brian Cole Fiore of Antioch faces a variety of charges, including the murder of his alleged accomplice David Fields, armed robbery, felony evading a peace officer, transporting marijuana, illegally possessing an assault weapon, resisting arrest and the attempted murder of five peace officers. Fiore has pleaded not guilty to all of the charges and is set to go to trial on Aug. 23.

Prosecutors allege that Fiore shot Fields in the head just before the Jeep Cherokee that Fiore was driving plummeted off a cliff on Route 299 on May 11, 2009.

The pair were allegedly running from officers after robbing three men of 14 pounds of marijuana in McKinleyville at gunpoint. Officers responding to the scene chased the Jeep for 20 miles up Route 299, while the suspects reportedly shot at pursuing law enforcement vehicles. The Jeep went over a spike strip outside of Willow Creek and plunged 130 feet off the road into a ravine.

Fiore shortly came up the hill with a gunshot wound to his head, telling officers that he'd tried to kill himself, according to court documents. Fields was found dead feet away from the vehicle, with a gunshot wound to his head.

In recent court documents, public defender Jonathan McCrone, representing Fiore, said that forensic scientist John Jacobsen had examined the Jeep and found what he believed to be brain matter in the back seat of the car. McCrone wrote that the presence of the material suggests that his client couldn't have shot Fields. Fields was shot in the left temple, and the bullet exited the right temple, McCrone wrote. Fiore would “have to be a contortionist to achieve this” McCrone wrote of the brain matter in the back seat.

”The trajectory of the bullet which killed David Fields is critical to the determination of whether this is a murder or a suicide,” McCrone wrote.

But Deputy District Attorney Allan Dollison said that the timing of each piece of the incident is crucial to understanding what happened that day. Just a minute before the Jeep ran off the road, Dollison said, there were shots fired from an AK-47 assault rifle from the right side of the car, which suggests Fields was alive at that moment. There were then shots fired from the left side of the car, and the car continued to drive.

Dollison said the fatal shot to Fields was likely fired just before the car plunged over the side, since Field was ejected from the car and there's no evidence to suggest he was shot after the car came to rest. He would not comment specifically on the brain matter issue raised by McCrone.

”The forensics and the autopsy indicate to me that Brian Fiore killed David Fields,” Dollison said.

John Driscoll can be reached at 441-0504 or jdriscoll@times-standard.com.
John Driscoll/The Times-Standard
Posted: 07/17/2010 01:27:23 AM PDT
◼ link

TS - One man sentenced for Cutten man's death, other contests his plea

◼ One man sentenced for Cutten man's death, other contests his plea

The family and friends of shooting victim Garrett Benson filled a Humboldt County courtroom Friday to witness the sentencing of one man for his death while a second defendant in the case moved to contest his plea.

Jason Leon Belles, 31, and Jonathan Henry Watson, 30, were scheduled to be sentenced after each pleaded no contest to charges related to the death of Benson during a home invasion robbery on Dec. 3, 2008.

Belles was sentenced to seven years and eight months in prison, minus time already served, with a three year parole term upon release, as agreed to in his plea deal. He will also have to pay a $1,400 restitution fine. With good behavior, he could be released in about six and a half years.

Watson initially accepted a plea deal Aug. 11 from Deputy District Attorney Max Cardoza for first-degree murder with a firearm enhancement and an agreed-upon prison term of 50 years to life. On Friday, he contested his previous plea.

According to the Humboldt County Sheriff's Office, Benson was in his Cutten home when one man forced his way into the residence. The two struggled, and Benson was shot three times and died hours later in a hospital. Officials said there was a significant amount of marijuana being grown and processed in the home.

Benson's family and his girlfriend appeared at the sentencing and spoke to the defendants and the court before the judge announced Belles' sentence.

Randy Benson, the victim's father, told the court that he and his family were devastated by the loss of his son.

”My world is changed. My beliefs aren't the same anymore ...,” he said. “I've been silenced by disgust and have been since the murder of my son Garrett.”

He fought back tears as he told the court that Garrett Benson was a “man of integrity.” He had worked in the National Guard for nine years and then with UPS for seven. He described his son as motivated, hilarious, responsible, loyal, intelligent, kind and patriotic.

Addressing Belles and Watson directly, Randy Benson said he could never forgive them, although others had advised him to try.
”My God and I will have to wrestle with this one,” he said.

Belles appeared to be visibly upset and crying while the victim's family addressed the court, often closing his eyes and looking down. Watson watched the speakers but remained expressionless.

Garrett Benson's mother described him as a caring son that was the head of his own household and also hers, often coming over to chop firewood for her and sending her bouquets of flowers when she was distressed over the death of a pet.
Garrett Benson also was a bit of a prankster.

”If you ever saw a vehicle covered in UPS Post-its, you knew Garrett had struck again,” she said.

Rachel Wold, Benson's girlfriend, also had a short statement for the court. Wold was with Benson when he was shot in their home.

”Garrett saved my life,” she said. “I sat with him and had to watch the life fade from his eyes.”

She told the defendants that she hoped one day they would understand the gravity of what they had done.
Watson is scheduled to contest his plea on Monday in a closed hearing.

Allison White can be reached at 441-0506 or awhite@times-standard.com.

Allison White/The Times-Standard
Posted: 08/22/2009 01:27:15 AM PDT

Plea Deal

◼ One suspect in 2008 Cutten killing takes plea deal

One of two defendants accused of participating in a December 2008 home invasion robbery that left a Cutten man dead pleaded no contest Tuesday to voluntary manslaughter and related drug charges.

Jury selection for the trial of Jason Leon Belles, 31, and Jonathan Henry Watson, 30, was set to begin Monday but Belles pleaded Tuesday to reduced charges. He will be sentenced Aug. 21. The stipulated term of the plea deal was seven years and eight months in prison, according to court documents.

Belles' attorney William Bragg said that although they felt Belles had a good defense for the jury trial, Belles did not want to risk a life sentence.

”My client evaluated the risk involved in the case of taking it to trial and was not willing to risk the rest of his life on that,” Bragg said. “I could not guarantee my client that I could win the case. No attorney can.”

With good behavior, Belles may only have to serve 85 percent of his proposed sentence, or about six-and-a-half years, minus time already served, Bragg said.

Belles accepted the plea deal from Deputy District Attorney Max Cardoza that reduced a murder charge to voluntary manslaughter; a first-degree burglary charge to transporting more than an ounce of marijuana; and a first-degree attempted robbery charge to possessing marijuana for sale, according to court documents. A second attempted robbery charge was dismissed.....

Watson's jury trial is now scheduled to begin Aug. 5 with jury selection beginning Aug. 3, according to court documents. He is charged with murder, first-degree robbery, first-degree burglary and being a felon in possession of a firearm.

Police bust McKinleyville pot garden

A large marijuana growing operation in McKinleyville was raided Thursday by Humboldt County sheriff's deputies, who reportedly found more than 900 marijuana plants growing inside the residence.

According to information from the Humboldt County Sheriff's Office, authorities arrested two suspects -- Justin David Anderson, 33, and Melissa Marie Frawley, 32 -- on suspicion of cultivating marijuana for sales.

After authorities raided the residence on the 1000 block of Kinglet Avenue in McKinleyville, where they found a marijuana growing operation inside the garage attached to the residence.

Deputies seized a total of 901 growing marijuana plants ranging in size from sin inches to four feet in height from three separate grow rooms. During the search, deputies also reportedly located four pounds of processed marijuana and two pounds of concentrated marijuana, or hash, from the inside of the residence.

According to HCSO information, police also located $15,710 in cash inside a safe in the residence. That money was seized for asset forfeiture, the Sheriff's Office reported.

Both Anderson and Frawley are being held in the Humboldt County jail on $20,000 bail.

The Times-Standard
Posted: 05/09/2009 02:43:20 PM PDT

◼ Car Chase and Shootout Rocks Humboldt County
◼ Eureka Pot Growing Couple Robbed and Beaten
◼ HCSO Press Release 4300 block of Little Fairfield

Pot grows and repercussions

◼ The Long Thirst
Northern California’s Environmental Magazine

The Long Thirst
By LINNEA DUE

At a meeting in Mendocino County’s town of Willits in late October, what seems a fairly narrow topic—illegal water diversion on public lands—rapidly transmogrifies into a frightening evening of dying fish, dry rivers, and out-of-control toxic algae. On that chilly night, the event attracts more than a hundred people covered in fleece outer garments, many wanting to pick a bone with state regulators. It turns out at least one of the speakers has the same agenda.

Ron Pugh, a US Forest Service special agent in charge of illegal activities on public lands, has spent the past few years concentrating on illegal marijuana grows. Marijuana “gardens”—a misnomer on a grand scale—are responsible for the majority of thirsty straws draining rivers and creeks that cross public lands. Pugh flips up a slide showing the spread of illegal grows across the nation. “This, “ he says ominously, meaning Mendocino and Humboldt counties, the crown jewels of US marijuana production, “is not even one of the heaviest pockets.”

In 1995, foreign nationals, mostly Mexicans, began growing marijuana in Southern California mountains and parks. By ’97, grows had spread into every national park on the West Coast. In 2001, those grows expanded from California, Oregon, and Washington into Idaho, and now are spreading like a giant ink stain across the center of the country’s park and Bureau of Land Management (BLM) lands all the way to the East Coast.

Says Pugh about the sheer volume of grows, “This is not a hippie thing.” He’s come prepared with a list of comparisons between a “hippie”grow and a DTO site—one maintained by a drug trafficking organization. A traditional garden on public lands, Pugh says, has one or two growers and fewer than fifty plants. The gardener, who lives locally, hikes in every other day or so, carrying water for his plants. Firearms are uncommon, and locations are predictable. “They’re within a quarter mile of a road,” Pugh explains, “and they’re rarely uphill. White guys are lazy.”

The DTO sites, on the other hand, are as remote as the growers can get, often three miles from the nearest road. They contain an average of 6,600 plants, tended by an average of seven growers who live in tents the entire season, from May to October. The growers are aided by scanners, radios, night-vision goggles, an arsenal of weapons, and truckloads of plastic pipe to divert area streams to their plants, sometimes from as far as a half-mile away. When they abandon the site in the fall, they leave behind mountains of trash, about as much trash as a small city dump.
What they bring in is just as bad. “They smuggle in pesticides from Mexico,” Pugh says, “more potent than you can buy here. And believe me, they don’t care about the creeks.” When Pugh describes growers mixing chemicals directly in the creek to pump onto their plants, a moan ripples through the audience.

In a later email exchange, Pugh says that he’s had trouble getting people to understand the ramifications of the crisis: “That’s why I go to great effort to point out that we aren’t dealing with `just marijuana,’ but a huge environmental issue,” Pugh says. “Basically everyone cares, to some degree or other, about that.” Pugh gives his presentation about twice a month, he says, to spread the word to new people: “When they become informed,
they become outraged,” he says. “And outraged people demand action.”

The US Forest Service is not a drug agency, though recently DTO sites were reclassified as crime scenes, which allows inter-agency cooperation with local and national law enforcement. The agency can now sift through trash for phone numbers, receipts, and other tips that could extend criminal prosecution past the hired help and up to the drug lords at the top of the chain. Pugh evokes laughs when he quickly corrects himself while explaining how the combined law enforcement effort needs to locate Mr. Big—“or Ms. Big. Well, I’m pretty sure it is Mr. Big.”

Pugh emphasizes that while the marijuana grows are an enormous drain on resources both financial and environmental, they are also a huge safety issue—after all, these are public lands where anyone can hike. If you stumble on a scene, Pugh advises, retreat immediately and call for help; during this past season, DTO growers killed two hunters on BLM land in Humboldt County.

The Forest Service has no funding for cleanup and depends upon volunteers to help out. Pugh estimates that it takes $5,000 per acre to remove DTO infrastructure and another $5,000 to restore the site. “Eradicating these grows is a number-one national priority,” he says, explaining that he’s met with state and federal Congressional delegates
frequently over the past two years and that Dianne Feinstein, a member of the Senate Committee
on the Judiciary, is particularly concerned.

Mendocino County Sheriff Tom Allman supplies the local picture, noting that the county’s per capita sales of rat poison are the highest in the nation; growers buy rat poison by the pallet because watering the grow sites attracts rodents. This poison ultimately contaminates the soil and creeks while poisoning raptors and other animals that eat the dead vermin. DTO growers also routinely shoot wildlife.

Most of all, they consume water. “As you go downstream on the Eel, the river should grow,” says Allman. “Instead, it gets smaller because people are pumping into storage tanks and directly into gardens.” Allman estimates that 3.6 million pot plants are grown on public lands—“That’s 3.6 million gallons of water a day,” he says, “pumped out of our creeks and rivers.” Allman pledges to respond to anonymous GPS reports of pumps and hose: “I’ll pull pumps,” he promises. “We’ll fly tributaries. I want to see the salmon come back.”

Salmon are equal opportunity victims, not just impacted by foreign nationals growing pot on public lands. As fisheries and watershed scientist Patrick Higgins points out, many of us are killing the creeks and rivers by supporting agriculture that relies on illegal diversions and unpermitted dams. Higgins, from Arcata’s Kier Associates, comes armed with graphs showing the number of illegal diversions and dams outnumber permitted diversions all along the North Coast and in Napa and Lake counties.

Higgins recalls fishing in Mendocino County’s Outlet Creek during the ‘60s, when it was loaded with steelhead. By 1996, because of illegal drafting, parts of the creek were dry in the summer, stranding fish in deep pools—pools from which diesel pumps lift water daily. Higgins says there are 1,700 illegal diversions in Marin County alone. Flyovers show illegal ponds everywhere, for vineyards and other agricultural uses. The Napa River used to have Coho salmon, the Navarro is dry, and so is the Gualala. Creeks dry between pools that often become clogged with algae that grows in the too-warm, too-still water. When the algae blooms, it releases a nerve toxin that has poisoned dogs and wildlife.

By email, Higgins sent a chart showing the difference in fish populations during El Niño and Niña years—populations fluctuate depending upon drought and full water flows. Through drafting and illegal dams, we’ve created a couple decades of drought-like conditions, even though we’ve actually had wet years like 2005. When a real drought comes along—as it has now—the fish are already stressed and in historically low numbers. “We have a regional crisis,” Higgins says. “There’s something called public trust. We all own the fish, and we all own the water. We’ve lost public trust in this culture.”

Higgins has a laundry list of those not “minding the store,” including the California State Water Resources Control Board: “seldom seen and completely ineffective,” he charges. The water board says that because of limited resources, its enforcement style is informal. It tends to respond to violations by issuing retroactive permits for illegal diversions that may have existed for years: “They send people a postcard or an email and call it informal enforcement,” Higgins says. He calls for profound reform, including requiring that all diversions carry a permit and that management of surface and groundwater be turned over to a state agency with public trust as its watchword. Illegal dams should be torn out, he says, and unpermitted diversions penalized by administrative fines of $500 daily. “It’s just a grab,” Higgins concludes. “When you disturb landscapes, the landscape reacts. If you change the nature of a watershed, you change everything.”

Published in Terrain Magazine, Spring 2009

MendoMate info

Corp Number Date Filed Status Corporation Name Agent for Service of Process
C2724054
1/19/2005
active
MENDOCINO BEVERAGE CORPORATION
KITE I FEATHER

Corporation
MENDOCINO BEVERAGE CORPORATION
Number: C2724054
Date Filed: 1/19/2005
Status: active
Jurisdiction: NEVADA
Address
9001 N. STATE STREET
REDWOOD VALLEY, CA 95470
Agent for Service of Process
KITE I FEATHER
9001 N. STATE ST. #C
REDWOOD VALLEY, CA 95470

Corp Number
Date Filed
Status
Corporation Name
Agent for Service of Process
C2623497
2/3/2004
active
KUMBA INCORPORATED
HETAL GANDHI

AQUARIUS PRODUCTIONS, INC.
C6497-2000
Revoked
Domestic Corporation

AQUARIUS PRODUCTIONS, INC.
Business Entity Information
Status: Revoked on 4/1/2005 File Date: 3/9/2000
Type: Domestic Corporation Corp Number: C6497-2000
Qualifying State: NV List of Officers Due: 3/31/2004
Managed By: Expiration Date:
Resident Agent Information
Resident Agent resigned
Financial Information
No Par Share Count: 0 Capital Amount: $ 25,000.00
Par Share Count: 25,000,000.00 Par Share Value: $ 0.001
Officers Include Inactive Officers
Treasurer - KITE FINDS THE FEATHER
Address 1: PO BOX 27740 Address 2:
City: LAS VEGAS State: NV
Zip Code: 89126 Country:
Status: Active Email:
President - AMANDA WOOD
Address 1: PO BOX 27740 Address 2:
City: LAS VEGAS State: NV
Zip Code: 89126 Country:
Status: Active Email:
Secretary - AMANDA WOOD
Address 1: PO BOX 27740 Address 2:
City: LAS VEGAS State: NV
Zip Code: 89126 Country:
Status: Active

TS - Home invasion reported in Garberville

Home invasion reported in Garberville

Humboldt County Sheriff's Office officials said today that an investigation is continuing into a reported home invasion robbery in Garberville.

The office said deputies responded at about 3:30 a.m. Monday to a residence on the 600 block of Fir Street, where the occupants said as many as three men forced their way into the house. The three residents said two men entered the house and at least one of the suspects had a handgun.

According to the residents, two suspects demanded money and threatened to kill them. One of the occupants was able to escape through a bedroom window and call 911, the Sheriff's Office said. The suspects reportedly bound the two others with duct tape and struck them in the face.

Before fleeing on foot, the suspects reportedly took a small, unknown amount of concentrated cannabis and loose marijuana, according to a release. Sheriff's deputies and CHP officers searched the area but were unable to locate the suspects, a release stated.

One suspect is described as a black male adult, with a “skinny” face, dressed in black, wearing a coat with a fur-lined hood. The second suspect is described as a black male adult with new white tennis shoes.

The victims believe there may have been a third suspect, but were unable to provide a description.

Anyone with information is asked to call the Humboldt County Sheriff's Office at (707) 445-7251.

The Times-Standard
Article Launched: 04/15/2008 01:04:53 PM PDT

Major Dos Rios pot bust

Major Dos Rios pot bust

A multi-agency task force led by the County of Mendocino Marijuana Eradication Team raided a major indoor pot grow at a Dos Rios ranch in the mountainous area above the confluence of Outlet Creek and the Eel River just after dawn on February 13. Six men and one woman were arrested, three children are in the custody of Child Protective Services, and agents seized 100 pounds of processed marijuana, $20,000 in cash, two pistols and seven rifles, and eradicated 5,275 pot plants from seedlings to mature plants in full bud during the raid.

The raid involved law enforcement officers from COMMET, Sonoma County Marijuana Eradication Team, the U.S. Drug Enforcement Agency and the California Bureau of Narcotics Enforcement Redding Task Force. The raid resulted from an ongoing investigation, according to police.

As officers arrived at the property suspects were spotted fleeing the scene. One group fled on foot and another was seen traveling down a rough dirt trail toward the Eel River in a Jeep.

The helicopter supporting the raid spotted the Jeep abandoned near the river and helped officers locate two suspects Kite Isaac Finds the Feather and Amanda Lee Wood and three children ages 6, 5 and 2.

According to deputies, Finds the Feather and Wood had fled the residence in the Jeep with the children riding unrestrained in the back of the vehicle along the primitive track, through downed trees and over rough terrain.

"It was fortunate this case did not turn into a tragedy and the suspects were found with the children safe. The way they fled placed the children in danger had the suspect lost control of the Jeep on the road," says sheriff's Lt. Kurt Smallcomb.

The children were given warm clothing before being transported by helicopter to CPS. When found, the children were dressed lightly in short sleeved shirts despite the cold temperatures, say police,

When the suspects were taken into custody, Finds the Feather attempted to hide a loaded handgun at the scene, say police.
Finds the Feather and Cook were arrested on suspicion of cultivation and possession of marijuana for sale, child endangerment and being armed in the commission of a felony and are being held on $500,000 bail.

Finds the Feather is one of the founders of Mendo Maté, according to a Mendo Maté marketing spokesman. The spokesman refused to comment on Finds the Feather's current role, if any, with Mendo Maté unless he had a lawyer present.

Two main buildings at the ranch were used for growing plants, say police. One served as a starter room and processing building and the other as the main grow area. About 271 grow lights were found powered by generators. Two generators, a 400 and a 350 kilowatt unit, powered the operation. The diesel supply for the generators was stored in a plastic water tank and at least 25 gallons of waste oil was found at the scene. Mendocino County Environmental Health inspectors are reviewing the site for contamination caused by the operation.

"It was one of the most extensive grows I've seen," says Lt. Rusty Noe.

One man was spotted by deputies walking on Highway 162 near the bust following the raid. Romero Juan Agudo was questioned by police and advised there were seven men working and living at the site. Agudo, 24, was arrested on suspicion of cultivation of marijuana for sale.

Evidence found during the raid then led deputies to Antonio Alfonso Agudo, 21, whose wallet was found on the scene, and to the arrest of Agudo; Lucha Lorenzana, 21; Aristeo Hernandez Hernandez, 49; and Nacario Lopez-Cruz, 42, on suspicion of cultivation of marijuana for sale.

All five are believed by law enforcement to be Mexican nationals and are now in Mendocino County jail on immigration holds with no-bail status.

By Linda Williams/TWN Staff Writer (The Willits News) http://www.willitsnews.com
Article Launched: 02/20/2008 11:00:05 AM PST

DEA - Joshua Hedlund Convicted For Berkeley Marijuana Grow

FOR IMMEDIATE RELEASE
February 6, 2008
Contact: Casey McEnry
Number: 415-436-7994

Joshua Hedlund Convicted For Berkeley Marijuana Grow
Defendant Forfeits Land and Money and Consents to Searches of Thousands
of Acres of Land in Humboldt and Mendocino Counties

FEB 6 -- (OAKLAND, CA) - United States Attorney Joseph P. Russoniello and Drug Enforcement Administration (DEA) Special Agent in Charge Javier F. Peña announced that Joshua L. Hedlund, 31, pleaded guilty today to using a Berkeley warehouse for the manufacture of marijuana and to laundering the proceeds of that illegal marijuana grow. This guilty plea is the result of a two year investigation by the Berkeley Police Department; the Drug Enforcement Administration; and the Internal Revenue Service, Criminal Investigation.

In pleading guilty, Mr. Hedlund admitted that between the late spring and early summer of 2003 through March 2006, he knowingly allowed others to grow marijuana at a warehouse located at 807 and 809 Allston Way in Berkeley, California. The defendant agreed that the United States would be able to prove that 2700 plants were grown at this address. He also admitted to using the proceeds of the marijuana grown at the Allston Way warehouse to pay his mortgage on the warehouse.

As part of the plea agreement, Hedlund agreed to forfeit more than $1,000,000 in proceeds from the Berkeley grow and money he received from others for the purchase of properties in Humboldt, Marin, Mendocino, and Trinity counties.

Mr. Hedlund also agreed to forfeit his right to more than 7000 acres in Humboldt and Trinity counties that Hedlund purchased from the Eel River Saw Mill in the name of Vilica LLC. In addition to forfeiting the Vilica LLC parcels, Hedlund agreed that federal, state, and local law enforcement and code enforcement officials may, at any time, conduct warrantless searches of the more than 5000 acres Hedlund controls throughout Humboldt and Mendocino counties in the name of Schmook Ranch LLC. The Berkeley Police Department began investigating the Allston Way grow in early 2006. Surveillance of that location led to the arrest of six other individuals, all of whom have pled guilty to charges related to the cultivation of marijuana at the Berkeley warehouse.

The sentencing of Mr. Hedlund is scheduled for May 16, 2008 at 10:00 a.m. before Judge D. Lowell Jensen in Oakland. The maximum statutory penalty for using a warehouse to cultivate marijuana in violation of 21 U.S.C. § 856(a)(1) is twenty years imprisonment and a fine of $500,000, plus restitution if appropriate. The maximum penalty for money laundering in violation of 18 U.S.C. § 1956(a)(1)(A)(I) is also twenty years imprisonment and a fine of $500,000, plus restitution if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

H.H. (Shashi) Kewalramani and Keslie Stewart are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Cynthia Daniel, Noble Hughes, and Patty Lau.

###

Oakland Trib on Hedlund/Vilica

Guilty plea in Berkeley pot operation
Man, 31, agrees to forfeit 7,000 acres By Angela Hill, STAFF WRITER 02/05/2008

OAKLAND — Joshua L. Hedlund, 31, pleaded guilty Monday in federal court in Oakland to using a Berkeley warehouse for a massive illegal marijuana grow and laundering the proceeds from that operation, the U.S. Attorney's office announced.

As part of the plea agreement, Hedlund agreed to forfeit more than $1 million in proceeds from the Berkeley grow and money he received from others for the purchase of properties in Humboldt, Marin, Mendocino and Trinity counties, authorities said.
Hedlund also agreed to forfeit his right to more than 7,000 acres in Humboldt and Trinity counties that he purchased from the Eel River Saw Mill in the name of Vilica LLC.

The guilty plea is the result of a two-year investigation by the Berkeley Police Department, the Drug Enforcement Administration and the Internal Revenue Service's criminal investigation division.

Hedlund was arrested March 15, 2006, during a raid at a warehouse at 807 and 809 Allston Way in Berkeley, which netted 5,800 marijuana plants, a dozen weapons and $220,000 in cash. Investigators said it was the largest haul of marijuana Berkeley police had made in several years, and led to searches of homes in Oakland, Castro Valley, Antioch and Brentwood.
Berkeley police began investigating the Allston Way grow in early 2006. Surveillance of that location led to the arrest of six other individuals, all of whom have pleaded guilty to charges related to the cultivation of marijuana at the warehouse.

The IRS was called in to investigate the money laundering aspect of the case, said Special Agent Arlette Lee, of the IRS' criminal investigations section.

"Many people don't realize the IRS gets involved whenever there is a situation like this with money laundering," she said. "The Berkeley police and the DEA went after the illegal drugs. But we tracked the money, the proceeds from the sale, where it was coming from and where it was going."

In court Monday, Hedlund admitted he knowingly allowed others to grow marijuana at the warehouse between late spring of 2003 through March 2006. He also admitted to using the proceeds of the marijuana grown to pay his mortgage on the warehouse, authorities said.

In addition to forfeiting the Vilica LLC parcels, Hedlund agreed that law enforcement officials may at any time, without warrants, search more than 5,000 acres Hedlund controls throughout Humboldt and Mendocino counties in the name of Schmook Ranch LLC.

Hedlund is scheduled to be sentenced May 16 in Oakland, and could receive up to 20 years in jail and a fine of up to
$500,000 for using a warehouse to grow marijuana, plus an equal sentence for money laundering, authorities said.
**
No mention of Paradise Palms LLC. Nor what was going on on that Eel River SawMill acreage. No mention of Vilica LLC partner and president Steve Schectman...

Man pleads guilty to running massive pot operation in Berkeley

Man pleas guilty to running massive pot operation in Berkeley http://www.mercurynews.com/news/ci_8173607
The Associated Press
Article Launched: 02/05/2008 06:41:33 AM PST

OAKLAND, Calif.—A 31-year-old man has pleaded guilty to running a massive marijuana growing operation in a Berkeley warehouse and laundering the proceeds.
The U.S. Attorney's office says Joshua Hedlund's plea Monday in federal court in Oakland is the result of a two-year investigation.
As part of a plea agreement with prosecutors, Hedlund agreed to give up more than $1 million in marijuana proceeds as well as more than 7,000 acres he purchased in Humboldt and Trinity counties.
Hedlund was arrested during a March 2006 raid that netted 5,800 marijuana plants, a dozen weapons and $220,000 in cash. It was one of Berkeley's biggest pot busts in years.
Hedlund could be sentenced to up to 20 years in jail and fined up to $500,000 at his sentencing in May.

OREGON MEDICAL MARIJUANA ACT

http://www.oregon.gov/DHS/ph/ommp/

475.300 Findings. The people of the state of Oregon hereby find that:
(1) Patients and doctors have found marijuana to be an effective treatment for suffering caused by debilitating medical conditions, and therefore, marijuana should be treated like other medicines;

(2) Oregonians suffering from debilitating medical conditions should be allowed to use small amounts of marijuana without fear of civil or criminal penalties when their doctors advise that such use may provide a medical benefit to them and when other reasonable restrictions are met regarding that use;

(3) ORS 475.300 to 475.346 are intended to allow Oregonians with debilitating medical conditions who may benefit from the medical use of marijuana to be able to discuss freely with their doctors the possible risks and benefits of medical marijuana use and to have the benefit of their doctor’s professional advice; and

(4) ORS 475.300 to 475.346 are intended to make only those changes to existing Oregon laws that are necessary to protect patients and their doctors from criminal and civil penalties, and are not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes. [1999 c.4 §2]
Note: 475.300 to 475.346 were adopted by the people by initiative petition but were not added to or made a part of ORS chapter 475 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

475.302 Definitions for ORS 475.300 to 475.346. As used in ORS 475.300 to 475.346:

(1) “Attending physician” means a physician licensed under ORS chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

(2) “Debilitating medical condition” means:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or treatment for these conditions;
(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
(A) Cachexia;
(B) Severe pain;
(C) Severe nausea;
(D) Seizures, including but not limited to seizures caused by epilepsy; or
(E) Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis; or
(c) Any other medical condition or treatment for a medical condition adopted by the department by rule or approved by the department pursuant to a petition submitted pursuant to ORS 475.334.

(3) “Delivery” has the meaning given that term in ORS 475.005. “Delivery” does not include transfer of marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer.

(4) “Department” means the Department of Human Services.

(5) “Designated primary caregiver” means an individual 18 years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person’s application for a registry identification card or in other written notification to the department. “Designated primary caregiver” does not include the person’s attending physician.

(6) “Marijuana” has the meaning given that term in ORS 475.005.

(7) “Marijuana grow site” means a location where marijuana is produced for use by a registry identification cardholder and that is registered under the provisions of ORS 475.304.

(8) “Medical use of marijuana” means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person’s debilitating medical condition.

(9) “Production” has the meaning given that term in ORS 475.005.

(10) “Registry identification card” means a document issued by the department that identifies a person authorized to engage in the medical use of marijuana and the person’s designated primary caregiver, if any.

(11) “Usable marijuana” means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. “Usable marijuana” does not include the seeds, stalks and roots of the plant.

(12) “Written documentation” means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person’s relevant medical records. [1999 c.4 §3; 2001 c.900 §205; 2003 c.14 §305; 2005 c.22 §346; 2005 c.822 §1]

Note: See note under 475.300.

475.303 Advisory Committee on Medical Marijuana. (1) There is created the Advisory Committee on Medical Marijuana in the Department of Human Services, consisting of 11 members appointed by the Director of Human Services.

(2) The director shall appoint members of the committee from persons who possess registry identification cards, designated primary caregivers of persons who possess registry identification cards and advocates of the Oregon Medical Marijuana Act.

(3) The committee shall advise the director on the administrative aspects of the Oregon Medical Marijuana Program, review current and proposed administrative rules of the program and provide annual input on the fee structure of the program.

(4) The committee shall meet at least four times per year, at times and places specified by the director.

(5) The department shall provide staff support to the committee.

(6) All agencies of state government, as defined in ORS 174.111, are directed to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties. [2005 c.822 §7]
Note: See note under 475.300. 475.303 was added to and made a part of 475.300 to 475.346 by legislative action.

475.304 Marijuana grow site registration system; rules. (1) The Department of Human Services shall establish by rule a marijuana grow site registration system to authorize production of marijuana by a registry identification cardholder, a designated primary caregiver who grows marijuana for the cardholder or a person who is responsible for a marijuana grow site. The marijuana grow site registration system adopted must require a registry identification cardholder to submit an application to the department that includes:
(a) The name of the person responsible for the marijuana grow site;
(b) The address of the marijuana grow site;
(c) The registry identification card number of the registry cardholder for whom the marijuana is being produced; and
(d) Any other information the department considers necessary.

(2) The department shall issue a marijuana grow site registration card to a registry identification cardholder who has met the requirements of subsection (1) of this section.

(3) A person who has been issued a marijuana grow site registration card under this section must display the registration card at the marijuana grow site at all times when marijuana is being produced.

(4) A marijuana grow site registration card must be obtained and posted for each registry identification cardholder for whom marijuana is being produced at a marijuana grow site.

(5) All usable marijuana, plants, seedlings and seeds associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site are the property of the registry identification cardholder and must be provided to the registry identification cardholder upon request.

(6)(a) The department shall restrict a marijuana grow site registration card issued to a registry identification cardholder who has been convicted of violating ORS 475.840 (1)(a) or (b) to prohibit for a period of five years from the date of conviction the production of marijuana otherwise authorized by this section at a location where the registry identification cardholder is present.
(b) A registry identification cardholder who has been convicted of violating ORS 475.840 (1)(a) or (b) may not be issued a marijuana grow site registration card within five years of the date of the conviction for violating ORS 475.840 (1)(a) or (b) if the conviction was for a first offense to prohibit for a period of five years from the date of conviction the production of marijuana otherwise authorized by this section at a location where the registry identification cardholder is present.
(c) A person other than a registry identification cardholder who has been convicted of violating ORS 475.840 (1)(a) or (b) may not produce marijuana for a registry identification cardholder within five years of the date of the conviction for violating ORS 475.840 (1)(a) or (b) if the conviction was for a first offense.
(d) A person convicted more than once of violating ORS 475.840 (1)(a) or (b) may not be issued a marijuana grow site registration card or produce marijuana for a registry identification cardholder.

(7) A registry identification cardholder or the designated primary caregiver of the
cardholder may reimburse the person responsible for a marijuana grow site for the costs of supplies and utilities associated with the production of marijuana for the registry identification cardholder. No other costs associated with the production of marijuana for the registry identification cardholder, including the cost of labor, may be reimbursed. [2005 c.822 §8]

Note: See note under 475.300. 475.304 was added to and made a part of 475.300 to 475.346 by legislative action.
475.305 [1977 c.636 §1; 1979 c.674 §1; repealed by 1993 c.571 §30]

475.306 Medical use of marijuana; rules. (1) A person who possesses a registry identification card issued pursuant to ORS 475.309 may engage in, and a designated primary caregiver of such a person may assist in, the medical use of marijuana only as justified to mitigate the symptoms or effects of the person’s debilitating medical condition.

(2) A person who is a registry identification cardholder must possess the registry identification card when using or transporting marijuana in a location other than the residence of the cardholder.

(3) The Department of Human Services shall define by rule when a marijuana plant is mature and when it is immature. The rule shall provide that a plant that has no flowers and that is less than 12 inches in height and less than 12 inches in diameter is a seedling or a start and is not a mature plant. [1999 c.4 §7; 2005 c.822 §2]

Note: See note under 475.300.

475.309 Registry identification card; issuance; eligibility; duties of cardholder. (1) Except as provided in ORS 475.316, 475.320 and 475.342, a person engaged in or assisting in the medical use of marijuana is excepted from the criminal laws of the state for possession, delivery or production of marijuana, aiding and abetting another in the possession, delivery or production of marijuana or any other criminal offense in which possession, delivery or production of marijuana is an element if the following conditions have been satisfied:

(a) The person holds a registry identification card issued pursuant to this section, has applied for a registry identification card pursuant to subsection (9) of this section, is the designated primary caregiver of the cardholder or applicant, or is the person responsible for a marijuana grow site that is producing marijuana for the cardholder and is registered under ORS 475.304; and

(b) The person who has a debilitating medical condition, the person’s primary caregiver and the person responsible for a marijuana grow site that is producing marijuana for the cardholder and is registered under ORS 475.304 are collectively in possession of, delivering or producing marijuana for medical use in amounts allowed under ORS 475.320.

(2) The Department of Human Services shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section. Except as provided in subsection (3) of this section, the department shall issue a
registry identification card to any person who pays a fee in the amount established by the department and provides the following:

(a) Valid, written documentation from the person’s attending physician stating that the person has been diagnosed with a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the person’s debilitating medical condition;

(b) The name, address and date of birth of the person;

(c) The name, address and telephone number of the person’s attending physician;

(d) The name and address of the person’s designated primary caregiver, if the person has designated a primary caregiver at the time of application; and

(e) A written statement that indicates whether the marijuana used by the cardholder will be produced at a location where the cardholder or designated primary caregiver is present or at another location.

(3) The department shall issue a registry identification card to a person who is under 18 years of age if the person submits the materials required under subsection (2) of this section, and the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement that:

(a) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

(b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

(c) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

(d) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

(4) A person applying for a registry identification card pursuant to this section may submit the information required in this section to a county health department for transmittal to the Department of Human Services. A county health department that receives the information pursuant to this subsection shall transmit the information to the Department of Human Services within five days of receipt of the information. Information received by a county health department pursuant to this subsection shall be confidential and not subject to disclosure, except as required to transmit the information to the Department of Human Services.

(5) The department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within thirty days of receipt of the application.

(a) The department may deny an application only for the following reasons:

(A) The applicant did not provide the information required pursuant to this section to establish the applicant’s debilitating medical condition and to document the applicant’s consultation with an attending physician regarding the medical use of marijuana in connection with such condition, as provided in subsections (2) and (3) of this section; or

(B) The department determines that the information provided was falsified.

(b) Denial of a registry identification card shall be considered a final department action, subject to judicial review. Only the person whose application has been denied, or, in the case of a person under the age of 18 years of age whose application has been denied, the person’s parent or legal guardian, shall have standing to contest the department’s action.

(c) Any person whose application has been denied may not reapply for six months from the date of the denial, unless so authorized by the department or a court of competent jurisdiction.

(6)(a) If the department has verified the information submitted pursuant to subsections (2) and (3) of this section and none of the reasons for denial listed in subsection (5)(a) of this section is applicable, the department shall issue a serially numbered registry identification card within five days of verification of the information. The registry identification card shall state:
(A) The cardholder’s name, address and date of birth;
(B) The date of issuance and expiration date of the registry identification card;
(C) The name and address of the person’s designated primary caregiver, if any;
(D) Whether the marijuana used by the cardholder will be produced at a location where the cardholder or designated primary caregiver is present or at another location; and
(E) Any other information that the department may specify by rule.
(b) When the person to whom the department has issued a registry identification card pursuant to this section has specified a designated primary caregiver, the department shall issue an identification card to the designated primary caregiver. The primary caregiver’s registry identification card shall contain the information provided in paragraph (a) of this subsection.

(7)(a) A person who possesses a registry identification card shall:
(A) Notify the department of any change in the person’s name, address, attending physician or designated primary caregiver; and
(B) Annually submit to the department:
(i) Updated written documentation of the person’s debilitating medical condition; and
(ii) The name of the person’s designated primary caregiver if a primary caregiver has been designated for the upcoming year.
(b) If a person who possesses a registry identification card fails to comply with this subsection, the card shall be deemed expired. If a registry identification card expires, the identification card of any designated primary caregiver of the cardholder shall also expire.

(8) A person who possesses a registry identification card pursuant to this section and who has been diagnosed by the person’s attending physician as no longer having a debilitating medical condition shall return the registry identification card to the department within seven calendar days of notification of the diagnosis. Any designated primary caregiver shall return the caregiver’s identification card within the same period of time.

(9) A person who has applied for a registry identification card pursuant to this section but whose application has not yet been approved or denied, and who is contacted by any law enforcement officer in connection with the person’s administration, possession,
delivery or production of marijuana for medical use may provide to the law enforcement officer a copy of the written documentation submitted to the department pursuant to subsections (2) or (3) of this section and proof of the date of mailing or other transmission of the documentation to the department. This documentation shall have the same legal effect as a registry identification card until such time as the person receives notification that the application has been approved or denied. [1999 c.4 §4; 1999 c.825 §2; 2003 c.14 §306; 2005 c.822 §3]

Note: See note under 475.300.

475.312 Designated primary caregiver. (1) If a person who possesses a registry identification card issued pursuant to ORS 475.309 chooses to have a designated primary caregiver, the person must designate the primary caregiver by including the primary caregiver’s name and address:
(a) On the person’s application for a registry identification card;
(b) In the annual updated information required under ORS 475.309; or
(c) In a written, signed statement submitted to the Department of Human Services.
(2) A person described in this section may have only one designated primary caregiver at any given time. [1999 c.4 §13]
Note: See note under 475.300.
475.315 [1977 c.636 §2; 1979 c.674 §2; repealed by 1993 c.571 §30]
475.316 Limitations on cardholder’s immunity from criminal laws involving marijuana. (1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to ORS 475.300 to 475.346 shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges:

(a) Drives under the influence of marijuana as provided in ORS 813.010;

(b) Engages in the medical use of marijuana in a public place as that term is defined in ORS 161.015, or in public view or in a correctional facility as defined in ORS 162.135 (2) or youth correction facility as defined in ORS 162.135 (6);

(c) Delivers marijuana to any individual who the person knows is not in possession of a registry identification card;

(d) Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card;

(e) Manufactures or produces marijuana at a place other than:

(A)(i) One address for property under the control of the patient; and

(ii) One address for property under the control of the primary caregiver of the patient that have been provided to the Department of Human Services; or

(B) A marijuana grow site authorized under ORS 475.304; or

(f) Manufactures or produces marijuana at more than one address.

(2) In addition to any other penalty allowed by law, a person who the department finds has willfully violated the provisions of ORS 475.300 to 475.346, or rules adopted
under ORS 475.300 to 475.346, may be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of up to six months, at the discretion of the department. [1999 c.4 §5; 1999 c.825 §3; 2005 c.822 §13]

Note: See note under 475.300.

475.319 Affirmative defense to certain criminal laws involving marijuana available to cardholder. (1) Except as provided in ORS 475.316 and 475.342, it is an affirmative defense to a criminal charge of possession or production of marijuana, or any other criminal offense in which possession or production of marijuana is an element, that the person charged with the offense is a person who:
(a) Has been diagnosed with a debilitating medical condition within 12 months prior to arrest and been advised by the person’s attending physician that the medical use of marijuana may mitigate the symptoms or effects of that debilitating medical condition;
(b) Is engaged in the medical use of marijuana; and
(c) Possesses or produces marijuana only in amounts permitted under ORS 475.320.

(2) It is not necessary for a person asserting an affirmative defense pursuant to this section to have received a registry identification card in order to assert the affirmative defense established in this section.

(3) No person engaged in the medical use of marijuana who claims that marijuana provides medically necessary benefits and who is charged with a crime pertaining to such use of marijuana shall be precluded from presenting a defense of choice of evils, as set forth in ORS 161.200, or from presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, provided that the amount of marijuana at issue is no greater than permitted under ORS 475.320 and the patient has taken a substantial step to comply with the provisions of ORS 475.300 to 475.346.

(4) Any defendant proposing to use the affirmative defense provided for by this section in a criminal action shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the intention to offer such a defense that specifically states the reasons why the defendant is entitled to assert and the factual basis for such affirmative defense. If the defendant fails to file and serve such notice, the defendant is not permitted to assert the affirmative defense at the trial of the cause unless the court for good cause orders otherwise. [1999 c.4 §6; 1999 c.825 §4; 2005 c.22 §347; 2005 c.822 §12]
Note: See note under 475.300.

475.320 Limits on amounts possessed. (1)(a) A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana.
(b) Notwithstanding paragraph (a) of this subsection, if a registry identification cardholder has been convicted of violating ORS 475.840 (1)(a) or (b), the registry identification cardholder or the designated primary caregiver of the cardholder may possess one ounce of usable marijuana at any given time for a period of five years from the date of the conviction.

(2) If the marijuana used by the registry identification cardholder is produced at a
marijuana grow site where the cardholder or designated primary caregiver is not present, the person responsible for the marijuana grow site:
(a) May produce marijuana for and provide marijuana to a registry identification cardholder or that person’s designated primary caregiver as authorized under this section.
(b) May possess up to six mature plants and up to 24 ounces of usable marijuana for each cardholder or caregiver for which marijuana is being produced.
(c) May produce marijuana for up to four registry identification cardholders or designated primary caregivers per year.
(d) Must obtain and display a marijuana grow site registration card issued under ORS 475.304 for each registry identification cardholder or designated primary caregiver for which marijuana is being produced.
(e) Must provide all marijuana produced for a registry identification cardholder or designated primary caregiver to the cardholder or caregiver at the time the person responsible for a marijuana grow site ceases producing marijuana for the cardholder or caregiver.
(f) Must return the marijuana grow site registration card to the registry identification cardholder to whom the card was issued when requested to do so by the cardholder or when the person responsible for a marijuana grow site ceases producing marijuana for the cardholder or caregiver.

(3) Except as provided in subsections (1) and (2) of this section, a registry identification cardholder, the designated primary caregiver of the cardholder and the person responsible for a marijuana grow site producing marijuana for the registry identification cardholder may possess a combined total of up to six mature plants and 24 ounces of usable marijuana for that registry identification cardholder.

(4)(a) A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings or starts as defined by rule of the Department of Human Services.
(b) A person responsible for a marijuana grow site may possess up to 18 marijuana seedlings or starts as defined by rule of the department for each registry identification cardholder for which the person responsible for the marijuana grow site is producing marijuana. [2005 c.822 §9]
Note: See note under 475.300. 475.320 was added to and made a part of 475.300 to 475.346 by legislative action.

475.323 Effect of possession of registry identification card or designated primary caregiver card on search and seizure rights. (1) Possession of a registry identification card or designated primary caregiver identification card pursuant to ORS 475.309 does not alone constitute probable cause to search the person or property of the cardholder or otherwise subject the person or property of the cardholder to inspection by any governmental agency.

(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers may not be harmed, neglected, injured or destroyed while in the possession of any law enforcement agency. A law enforcement agency has no responsibility to maintain live marijuana plants lawfully seized. No such
property interest may be forfeited under any provision of law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense. Usable marijuana and paraphernalia used to administer marijuana that was seized by any law enforcement office shall be returned immediately upon a determination by the district attorney in whose county the property was seized, or the district attorney’s designee, that the person from whom the marijuana or paraphernalia used to administer marijuana was seized is entitled to the protections contained in ORS 475.300 to 475.346. The determination may be evidenced, for example, by a decision not to prosecute, the dismissal of charges or acquittal. [1999 c.4 §8; 1999 c.825 §5; 2005 c.22 §348]

Note: See note under 475.300.

475.324 Limits on confiscation of marijuana. A law enforcement officer who determines that a registry identification cardholder is in possession of amounts of usable marijuana or numbers of marijuana plants in excess of the amount or number authorized by ORS 475.320 may confiscate only any usable marijuana or plants that are in excess of the amount or number authorized. [2005 c.822 §10]
Note: See note under 475.300. 475.324 was added to and made a part of 475.300 to 475.346 by legislative action.

475.325 [1977 c.636 §3; 1979 c.674 §3; repealed by 1993 c.571 §30]

475.326 Attending physician; limitation on civil liability and professional discipline. No attending physician may be subjected to civil penalty or discipline by the Board of Medical Examiners for:
(1) Advising a person whom the attending physician has diagnosed as having a debilitating medical condition, or a person who the attending physician knows has been so diagnosed by another physician licensed under ORS chapter 677, about the risks and benefits of medical use of marijuana or that the medical use of marijuana may mitigate the symptoms or effects of the person’s debilitating medical condition, provided the advice is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; or

(2) Providing the written documentation necessary for issuance of a registry identification card under ORS 475.309, if the documentation is based on the attending physician’s personal assessment of the applicant’s medical history and current medical condition and the attending physician has discussed the potential medical risks and benefits of the medical use of marijuana with the applicant. [1999 c.4 §9; 2005 c.822 §11]
Note: See note under 475.300.

475.328 Limits on professional licensing board’s authority to sanction licensee for medical use of marijuana; authorizes licensed health care professional to administer medical marijuana. (1) No professional licensing board may impose a civil penalty or take other disciplinary action against a licensee based on the licensee’s
medical use of marijuana in accordance with the provisions of ORS 475.300 to 475.346 or actions taken by the licensee that are necessary to carry out the licensee’s role as a designated primary caregiver to a person who possesses a lawful registry identification card.

(2)(a) A licensed health care professional may administer medical marijuana to a person who possesses a registry identification card and resides in a licensed health care facility if the administration of pharmaceuticals is within the scope of practice of the licensed health care professional. Administration of medical marijuana under this subsection may not take place in a public place as defined in ORS 161.015 or in the presence of a person under 18 years of age. If the medical marijuana administered under this subsection is smoked, adequate ventilation must be provided.

(b) Nothing in this subsection requires:
(A) A licensed health care professional to administer medical marijuana; or
(B) A licensed health care facility to make accommodations for the administration of medical marijuana. [1999 c.4 §10; 2005 c.822 §4]
Note: See note under 475.300.

475.331 List of persons issued registry identification cards, designated primary caregivers and authorized grow sites; disclosure. (1)(a) The Department of Human Services shall create and maintain a list of the persons to whom the department has issued registry identification cards, the names of any designated primary caregivers and the addresses of authorized marijuana grow sites. Except as provided in subsection (2) of this section, the list shall be confidential and not subject to public disclosure.
(b) The department shall develop a system by which authorized employees of state and local law enforcement agencies may verify at all times that a person is a lawful possessor of a registry identification card or the designated primary caregiver of a lawful possessor of a registry identification card or that a location is an authorized marijuana grow site.

(2) Names and other identifying information from the list established pursuant to subsection (1) of this section may be released to:
(a) Authorized employees of the department as necessary to perform official duties of the department; and
(b) Authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry identification card or the designated primary caregiver of a lawful possessor of a registry identification card or that a location is an authorized marijuana grow site. Prior to being provided identifying information from the list, authorized employees of state or local law enforcement agencies shall provide to the department adequate identification, such as a badge number or similar authentication of authority.

(3) Authorized employees of state or local law enforcement agencies that obtain identifying information from the list as authorized under this section may not release or use the information for any purpose other than verification that a person is a lawful possessor of a registry identification card or the designated primary caregiver of a lawful possessor of a registry identification card or that a location is an authorized marijuana grow site. [1999 c.4 §12; 2005 c.822 §5]
Note: See note under 475.300.

475.334 Adding diseases or conditions that qualify as debilitating medical conditions; rules. Any person may submit a petition to the Department of Human Services requesting that a particular disease or condition be included among the diseases and conditions that qualify as debilitating medical conditions under ORS 475.302. The department shall adopt rules establishing the manner in which the department will evaluate petitions submitted under this section. Any rules adopted pursuant to this section shall require the department to approve or deny a petition within 180 days of receipt of the petition by the department. Denial of a petition shall be considered a final department action subject to judicial review. [1999 c.4 §14]
Note: See note under 475.300.

475.335 [1977 c.636 §4; 1979 c.674 §4; repealed by 1993 c.571 §30]

475.338 Rules. The Department of Human Services shall adopt all rules necessary for the implementation and administration of ORS 475.300 to 475.346. [1999 c.4 §15]

Note: See note under 475.300.

475.340 Limitations on reimbursement of costs and employer accommodation. Nothing in ORS 475.300 to 475.346 shall be construed to require:

(1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana; or

(2) An employer to accommodate the medical use of marijuana in any workplace. [1999 c.4 §16]
Note: See note under 475.300.

475.342 Limitations on protection from criminal liability. Nothing in ORS 475.300 to 475.346 shall protect a person from a criminal cause of action based on possession, production, or delivery of marijuana that is not authorized by ORS 475.300 to 475.346. [1999 c.4 §11]
Note: See note under 475.300.
475.345 [1977 c.636 §5; 1979 c.674 §5; repealed by 1993 c.571 §30]
475.346 Short title. ORS 475.300 to 475.346 shall be known as the Oregon Medical Marijuana Act. [1999 c.4 §1]
Note: See note under 475.300.
475.355 [1977 c.636 §6; 1979 c.674 §6; repealed by 1993 c.571 §30]
475.360 [1979 c.674 §10; repealed by 1993 c.571 §30]
475.365 [1977 c.636 §7; 1979 c.674 §7; repealed by 1993 c.571 §30]
475.375 [1977 c.636 §8; 1979 c.674 §8; repealed by 1993 c.571 §30]

ER - Man leveled shotgun at deputy

ER Man leveled shotgun at deputy
by Heather Muller , 10/5/2007

An autopsy will be conducted today on the body of Eloy Infante-Toscano, the 40-year-old native of Mexico who was shot and killed Wednesday by a deputy from the Humboldt County Sheriff’s Office.

At a news conference held Thursday, Sheriff Gary Philp described the surprise encounter that led to the man’s death near a marijuana grow on Pacific Lumber Co. property in Southern Humboldt.

Philp said two deputies and an evidence technician were called to the remote location, approximately 13 miles from Redcrest, by a PALCO security employee. While the evidence tech and security guard waited at a trailhead, the deputies split up and began hiking toward the reported pot grow.

One followed a water line, Philp said, and the other walked along a narrow trail.

At some point, the deputy on the trail observed a man “in plain view” also on the trail walking toward him, roughly 15 yards away, the sheriff said.

The unnamed deputy then identified himself as a law enforcement officer, Philp said, and “the response he got was the suspect raising the shotgun his direction.”

Infante-Toscano did not shoot, but the deputy did — “more than a few (rounds), but we don’t have an exact count,” Philp said, adding that investigators later determined that the shotgun was loaded.

Philp said emergency medical services were immediately called to the scene, but, because of the remote location, took an hour or more to arrive.

Humboldt County Deputy Coroner Roy Horton said Infante-Toscano previously lived in the Modesto area and his parents live in Mexico, adding that he did not know the man’s immigration status.

The Mexican Embassy would notify Infante-Toscano’s family, Horton said, and the autopsy would be conducted in Sonoma County.

Philp did not say whether the marijuana grow was believed to be related to Mexican national drug-trafficking organizations, whose increased presence in Northern California forests has resulted in record-breaking pot busts, along with repeated warnings of danger to hunters and hikers.

Sheriff’s Office Public Information Officer Brenda Godsey said investigators were still at the scene Thursday and many details remained unknown.

Philp noted that it was “unusual” to encounter armed suspects during marijuana interdiction efforts because deputies typically make every attempt to announce their presence so showdowns like this one do not occur.

When asked if deputies announced themselves in this case, Philp replied, “I don’t have exact details, but I’m informed that they did.”

Godsey called the incident “another grim reminder of the dangers our law enforcement officers face.”
Copyright (C) 2005, The Eureka Reporter. All rights reserved.

RS - Man shot by deputy was hit three times

Man shot by deputy was hit three times
Chris Durant/The Times-Standard
Article Launched: 10/05/2007 04:47:49 PM PDT

The man who allegedly raised his shotgun toward a Humboldt County Sheriff deputy who was investigating a marijuana garden on Pacific Lumber Company property Wednesday was hit three times, twice in the chest.
Humboldt County Coroner Frank Jager said a Friday autopsy revealed the cause of death was the gunshot wounds.

”Both bullets to the chest were fatal,” Jager said, adding that they severed major arteries.

Two deputies were called to the Palco land when a marijuana garden was discovered. When they arrived, along with an evidence technician, a Palco security guard lead them to the grow.

The deputies followed a trail to the garden while the guard and technician waited on a ridge.

One deputy began to follow a waterline while the other deputy continued on the trail. Soon a man armed with a shotgun, later identified as Eloy Infante-Toscano, 40, was walking on the trail toward the deputy.

Toscano raised his shotgun at the deputy and the deputy fired numerous time, according to the Sheriff's Department.

The area, about 13 miles east of Holmes Flat, is remote and medical aid took over an hour to get there, but that didn't make a difference, Jager said.

”He may not have made it even if they had a doctor on the scene,” Jager said.

Both deputies have been placed on paid administrative leave.

TS - Sheriff: Armed man pointed gun at deputy

Sheriff: Armed man pointed gun at deputy/Grow may be related to earlier bust (with press conference video (pretty glitchy) TS)
Chris Durant/The Times-Standard
Article Launched: 10/05/2007 05:04:53 AM PDT

Humboldt County Sheriff Gary Philp said Thursday that the man killed near a marijuana grow found on private timber land pointed a shotgun at the deputy before he was shot.

Philp said two uniformed deputies and an evidence technician responded Wednesday to an area about 12 miles east of Holmes Flat after Pacific Lumber Co. personnel found the garden on company land.


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When they arrived at the scene, a Palco guard and the evidence technician stayed up on a ridge while the deputies followed a trail to the garden.

Philp said he believed the deputies announced themselves before splitting up. One deputy continuing on the trail noticed a man walking toward him with a full-length shotgun.

”The man raised his shotgun and aimed it at the deputy,” Philp said.

The two were about 15 yards apart.

Philp said the deputy shot “more than a few (bullets), but we don't have an exact count.”

Humboldt County Coroner Frank Jager identified the man as Eloy Infante-Toscano, 40.

A preliminary investigation indicated Infante-Toscano was shot once in the chest. An autopsy is scheduled for Sonoma County this morning.

”He doesn't have a local address, but he has ties to the Modesto area,” Jager said. “His mother and father live in Mexico.”

Jager said the Mexican embassy was in the process of notifying the parents.

Philp said Infante-Toscano's shotgun was loaded, but never fired, and medical aid was immediately called in.

A California Highway Patrol helicopter responded, but because of the remote location it didn't arrive until 1 p.m., about an hour after the shooting.

Deputies responding to marijuana grows on public and timber company land is nothing new, but the confrontation was unusual, Philp said.

”For us, (Wednesday's shooting is) an unusual circumstance,” Philp said. “People usually depart.”

The size of the garden is still under investigation, Philp said, but it is larger than initially reported.

Philp said he believes the garden is related to a 12,000-plant garden confiscated in the general area recently.

An encampment was found, but it is unclear if other people were in the area at the time of the shooting.

No other weapons were found in the encampment.

Both deputies have been placed on administrative leave and will not be identified until the investigation is complete, Philp said.

The investigation is being conducted by members of the California Attorney General's Office, the Humboldt County District Attorney's Office and personnel from the Sheriff's Department.

Chris Durant can be reached at 441-0506 or at cdurant@times-standard.com .
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