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Now after 37 years of service, Judge Henderson reflects on what he wants to be best remembered for.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Gubernatorial Candidate Delaine Eastin\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Democrat Delaine Eastin, who served eight years as California's top education official, tells Scott Shafer why she wants to be governor of California in 2018.\u003c/p>\n\n","blocks":[],"excerpt":"Comey Testimony, Judge Thelton Henderson, Gubernatorial Candidate Delaine Eastin","status":"publish","parent":0,"modified":1527191607,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":172},"headData":{"title":"Comey Testimony, Judge Thelton Henderson, Gubernatorial Candidate Delaine Eastin | KQED","description":"Comey Testimony, Judge Thelton Henderson, Gubernatorial Candidate Delaine Eastin","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Comey Testimony, Judge Thelton Henderson, Gubernatorial Candidate Delaine Eastin","datePublished":"2017-06-10T01:13:52.000Z","dateModified":"2018-05-24T19:53:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11501622 https://ww2.kqed.org/news/?p=11501622","disqusUrl":"https://ww2.kqed.org/news/2017/06/09/comey-testimony-judge-thelton-henderson-gubernatorial-candidate-delaine-eastin/","disqusTitle":"Comey Testimony, Judge Thelton Henderson, Gubernatorial Candidate Delaine Eastin","videoEmbed":"https://youtu.be/Zjqvs05zL5M","path":"/news/11501622/comey-testimony-judge-thelton-henderson-gubernatorial-candidate-delaine-eastin","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>James Comey Testifies\u003c/strong>\u003c/p>\n\u003cp>In dramatic testimony that lasted close to three hours, former FBI Director James Comey accused President Trump and his administration of firing him over the Russia investigation and then misleading the public about the reasons for the dismissal.\u003c/p>\n\u003cp>Guests:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Melinda Haag\u003c/strong>, former S. Attorney for the Northern District of California\u003c/li>\n\u003cli>\u003cstrong>Sean T. Walsh\u003c/strong>, Republican political analyst and partner at Wilson Walsh Consulting\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong> \u003c/strong>\u003cstrong>Judge Thelton Henderson\u003c/strong>\u003c/p>\n\u003cp>As a young lawyer, U.S. District Court Senior Judge Thelton Henderson worked on voting rights in Birmingham, Alabama. Since his appointment to the judiciary by President Jimmy Carter in 1980, he’s ruled on high-profile and controversial cases, from dolphin-safe tuna to prison health care. Now after 37 years of service, Judge Henderson reflects on what he wants to be best remembered for.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Gubernatorial Candidate Delaine Eastin\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Democrat Delaine Eastin, who served eight years as California's top education official, tells Scott Shafer why she wants to be governor of California in 2018.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11501622/comey-testimony-judge-thelton-henderson-gubernatorial-candidate-delaine-eastin","authors":["236"],"programs":["news_7052"],"categories":["news_18540","news_6188","news_8","news_13"],"tags":["news_21109","news_425","news_23202","news_20383","news_4593","news_20297","news_19177","news_2248","news_20909","news_20557","news_20963","news_21110"],"featImg":"news_11502265","label":"news_7052"},"news_10977015":{"type":"posts","id":"news_10977015","meta":{"index":"posts_1591205157","site":"news","id":"10977015","score":null,"sort":[1465002252000]},"guestAuthors":[],"slug":"suspended-uc-davis-chancellor-conflict-of-interest-taints-investigation","title":"Suspended UC Davis Chancellor: Conflict of Interest Taints Investigation","publishDate":1465002252,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>UC Davis Chancellor Linda Katehi is calling for her investigation to be scrapped due to a conflict of interest.\u003c/p>\n\u003cp>Katehi was \u003ca href=\"http://ww2.kqed.org/news/2016/04/28/uc-davis-chancellor-placed-on-leave-says-shes-being-scapegoated\" target=\"_blank\">put on paid administrative leave\u003c/a> in April following allegations of nepotism, misuse of student funds, and lying about a series of campus scandals.\u003c/p>\n\u003cp>Katehi publicly fought back against the actions taken against her Friday. She said, through attorney Melinda Guzman, that there is a conflict of interest with the law firm and lawyer conducting the probe into the allegations against her.\u003c/p>\n\u003cp>“It creates a sham investigation,” Guzman said. “It calls into serious question their good faith intentions to investigate these claims, and it makes a mockery of the mission and values of the university system.”\u003c/p>\n\u003cp>Guzman said that Orrick, the law firm conducting the investigation, has represented the University for years. She also says that former U.S. Attorney Melinda Haag, who is heading the investigation and is a partner at Orrick, represented UC President Napolitano when Napolitano was the U.S. Secretary of Homeland Security.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>UC spokeswoman Dianne Klein confirmed that the system had hired Orrick in the past, but for a series of bond cases, which she said are unrelated to Katehi’s investigation.\u003c/p>\n\u003cp>Klein said, however, that Haag never represented Napolitano. She said as Secretary, Napolitano’s name was on a lawsuit against the Department of Homeland Security, and as U.S. Attorney, Haag’s name was associated with that lawsuit as well. But Haag and Napolitano have never directly communicated about legal matters, Klein said.\u003c/p>\n\u003cp>“Melinda Haag was chosen because she’s a former U.S. Attorney, and she works with other assistant U.S. attorneys at the firm,” Klein said. “They have a lot of white collar experience and they know how to handle an investigation.”\u003c/p>\n\u003cp>The UC Davis Academic Senate concluded that Haag would conduct the investigation fairly in a \u003ca href=\"http://academicsenate.ucdavis.edu/local_resources/docs/whats_new_2016/Executive%20Council%20Resolution%201%20051916.pdf\" target=\"_blank\">14-1 vote May 19\u003c/a>.\u003c/p>\n\u003cp>The probe will examine whether Katehi has been truthful about her role in the hiring of consultants to improve the school’s online image and evaluate if there were irregularities surrounding the hiring and compensation her close relatives, Napolitano said in a \u003ca href=\"http://www.sacbee.com/latest-news/article74371162.ece/BINARY/UC%20President%20Janet%20Napolitano%20letter%20to%20UC%20Davis%20Chancellor%20Linda%20Katehi\" target=\"_blank\">letter\u003c/a> to Katehi released by the president’s office following Katehi’s removal.\u003c/p>\n\u003cp>Guzman said Katehi welcomes an investigation into these allegations, and claimed that an impartial probe would clear her client.\u003c/p>\n\u003cp>Katehi’s husband is a professor at Davis, and her daughter-in-law works as chief of staff for the vice chancellor for student affairs. Her son is a graduate student in epidemiology.\u003c/p>\n\u003cp>Napolitano said she is concerned about a raise of over $50,000 and a series of promotions the daughter-in-law received over 2 1/2 years while reporting to an administrator who in turn reported to the chancellor.\u003c/p>\n\u003cp>Napolitano also expressed concern that the program where Katehi’s son has a paid research position was put under his wife’s supervision and that student fees may have been used inappropriately to finance the move.\u003c/p>\n\u003cp>Katehi also came under fire when the Sacramento Bee reported in March that she had accepted a seat on the board of a \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article69860477.html\">for-profit college company\u003c/a> the federal government is suing and previously earned hundreds of thousands of dollars as a \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article64041327.html\">director for a textbook publisher\u003c/a>. Students \u003ca href=\"http://www.sacbee.com/news/local/education/article69471237.html\">protested\u003c/a> outside Katehi’s office and \u003ca href=\"http://www.bizjournals.com/sacramento/news/2016/03/18/more-lawmakers-want-linda-katehi-to-resign.html\">state lawmakers\u003c/a> called for her resignation.\u003c/p>\n\u003cp>Demands for Katehi’s removal continued in April as the \u003ca href=\"http://www.sacbee.com/news/local/education/article71659992.html\">Sacramento Bee reported\u003c/a> that UC Davis spent over $175,000 to scrub the internet of negative posts about the \u003ca href=\"http://ww2.kqed.org/news/2011/11/22/uc-chancellor-katehi-apologizes-amid-calls-for-her-resignation\">November 2011 pepper-spraying\u003c/a> of students.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Katehi’s leave will end when the investigation concludes. Klein said the university will then use the information from the probe to determine its next course of action.\u003c/p>\n\n","blocks":[],"excerpt":"Linda Katehi's lawyer says former U.S. Attorney Melinda Haag is too close to UC President Janet Napolitano. University disputes any conflict.","status":"publish","parent":0,"modified":1465002749,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":640},"headData":{"title":"Suspended UC Davis Chancellor: Conflict of Interest Taints Investigation | KQED","description":"Linda Katehi's lawyer says former U.S. Attorney Melinda Haag is too close to UC President Janet Napolitano. University disputes any conflict.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Suspended UC Davis Chancellor: Conflict of Interest Taints Investigation","datePublished":"2016-06-04T01:04:12.000Z","dateModified":"2016-06-04T01:12:29.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10977015 http://ww2.kqed.org/news/?p=10977015","disqusUrl":"https://ww2.kqed.org/news/2016/06/03/suspended-uc-davis-chancellor-conflict-of-interest-taints-investigation/","disqusTitle":"Suspended UC Davis Chancellor: Conflict of Interest Taints Investigation","nprByline":"\u003cstrong>\u003ca href=\"https://ww2.kqed.org/news/author/shutson\" target=\"_blank\">Sonja Hutson\u003c/a>\u003c/strong>","nprStoryId":"480695591","path":"/news/10977015/suspended-uc-davis-chancellor-conflict-of-interest-taints-investigation","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>UC Davis Chancellor Linda Katehi is calling for her investigation to be scrapped due to a conflict of interest.\u003c/p>\n\u003cp>Katehi was \u003ca href=\"http://ww2.kqed.org/news/2016/04/28/uc-davis-chancellor-placed-on-leave-says-shes-being-scapegoated\" target=\"_blank\">put on paid administrative leave\u003c/a> in April following allegations of nepotism, misuse of student funds, and lying about a series of campus scandals.\u003c/p>\n\u003cp>Katehi publicly fought back against the actions taken against her Friday. She said, through attorney Melinda Guzman, that there is a conflict of interest with the law firm and lawyer conducting the probe into the allegations against her.\u003c/p>\n\u003cp>“It creates a sham investigation,” Guzman said. “It calls into serious question their good faith intentions to investigate these claims, and it makes a mockery of the mission and values of the university system.”\u003c/p>\n\u003cp>Guzman said that Orrick, the law firm conducting the investigation, has represented the University for years. She also says that former U.S. Attorney Melinda Haag, who is heading the investigation and is a partner at Orrick, represented UC President Napolitano when Napolitano was the U.S. Secretary of Homeland Security.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>UC spokeswoman Dianne Klein confirmed that the system had hired Orrick in the past, but for a series of bond cases, which she said are unrelated to Katehi’s investigation.\u003c/p>\n\u003cp>Klein said, however, that Haag never represented Napolitano. She said as Secretary, Napolitano’s name was on a lawsuit against the Department of Homeland Security, and as U.S. Attorney, Haag’s name was associated with that lawsuit as well. But Haag and Napolitano have never directly communicated about legal matters, Klein said.\u003c/p>\n\u003cp>“Melinda Haag was chosen because she’s a former U.S. Attorney, and she works with other assistant U.S. attorneys at the firm,” Klein said. “They have a lot of white collar experience and they know how to handle an investigation.”\u003c/p>\n\u003cp>The UC Davis Academic Senate concluded that Haag would conduct the investigation fairly in a \u003ca href=\"http://academicsenate.ucdavis.edu/local_resources/docs/whats_new_2016/Executive%20Council%20Resolution%201%20051916.pdf\" target=\"_blank\">14-1 vote May 19\u003c/a>.\u003c/p>\n\u003cp>The probe will examine whether Katehi has been truthful about her role in the hiring of consultants to improve the school’s online image and evaluate if there were irregularities surrounding the hiring and compensation her close relatives, Napolitano said in a \u003ca href=\"http://www.sacbee.com/latest-news/article74371162.ece/BINARY/UC%20President%20Janet%20Napolitano%20letter%20to%20UC%20Davis%20Chancellor%20Linda%20Katehi\" target=\"_blank\">letter\u003c/a> to Katehi released by the president’s office following Katehi’s removal.\u003c/p>\n\u003cp>Guzman said Katehi welcomes an investigation into these allegations, and claimed that an impartial probe would clear her client.\u003c/p>\n\u003cp>Katehi’s husband is a professor at Davis, and her daughter-in-law works as chief of staff for the vice chancellor for student affairs. Her son is a graduate student in epidemiology.\u003c/p>\n\u003cp>Napolitano said she is concerned about a raise of over $50,000 and a series of promotions the daughter-in-law received over 2 1/2 years while reporting to an administrator who in turn reported to the chancellor.\u003c/p>\n\u003cp>Napolitano also expressed concern that the program where Katehi’s son has a paid research position was put under his wife’s supervision and that student fees may have been used inappropriately to finance the move.\u003c/p>\n\u003cp>Katehi also came under fire when the Sacramento Bee reported in March that she had accepted a seat on the board of a \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article69860477.html\">for-profit college company\u003c/a> the federal government is suing and previously earned hundreds of thousands of dollars as a \u003ca href=\"http://www.sacbee.com/news/investigations/the-public-eye/article64041327.html\">director for a textbook publisher\u003c/a>. Students \u003ca href=\"http://www.sacbee.com/news/local/education/article69471237.html\">protested\u003c/a> outside Katehi’s office and \u003ca href=\"http://www.bizjournals.com/sacramento/news/2016/03/18/more-lawmakers-want-linda-katehi-to-resign.html\">state lawmakers\u003c/a> called for her resignation.\u003c/p>\n\u003cp>Demands for Katehi’s removal continued in April as the \u003ca href=\"http://www.sacbee.com/news/local/education/article71659992.html\">Sacramento Bee reported\u003c/a> that UC Davis spent over $175,000 to scrub the internet of negative posts about the \u003ca href=\"http://ww2.kqed.org/news/2011/11/22/uc-chancellor-katehi-apologizes-amid-calls-for-her-resignation\">November 2011 pepper-spraying\u003c/a> of students.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Katehi’s leave will end when the investigation concludes. Klein said the university will then use the information from the probe to determine its next course of action.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10977015/suspended-uc-davis-chancellor-conflict-of-interest-taints-investigation","authors":["byline_news_10977015"],"programs":["news_6944","news_72"],"categories":["news_18540","news_6188","news_8"],"tags":["news_1790","news_2089","news_2248","news_697"],"featImg":"news_10977068","label":"news_72"},"news_102342":{"type":"posts","id":"news_102342","meta":{"index":"posts_1591205157","site":"news","id":"102342","score":null,"sort":[1372879346000]},"guestAuthors":[],"slug":"berkeley-sues-feds-over-attempts-to-shut-down-berkeley-patients-group","title":"Berkeley Sues Feds Over Attempts to Shut Down Berkeley Patients Group","publishDate":1372879346,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>by Frances Dinkelspiel, \u003ca href=\"http://www.berkeleyside.com/\" target=\"_blank\">\u003cstrong>Berkeleyside\u003c/strong>\u003c/a>\u003c/p>\n\u003cfigure id=\"attachment_102363\" class=\"wp-caption aligncenter\" style=\"max-width: 600px\">\u003cimg class=\"size-full wp-image-102363\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/berkeleypatientsgroup13-720x375.jpg\" alt=\"Berkeley Patients Group opened its doors at 2366 San Pablo Avenue in December 2012. (Photo: Frances Dinkelspiel/Berkeleyside)\" width=\"600\" height=\"351\">\u003cfigcaption class=\"wp-caption-text\">Berkeley Patients Group opened its doors at 2366 San Pablo Ave. in December 2012. (Photo: Frances Dinkelspiel/Berkeleyside)\u003c/figcaption>\u003c/figure>\n\u003cp>The city of Berkeley \u003ca href=\"https://docs.google.com/file/d/0B5gTlc72fiJSc1Z6anNjRWpRV28/edit?usp=sharing\">sued the federal government\u003c/a> on Wednesday in an attempt to stop its efforts to shut down Berkeley Patients Group, the city’s largest medical cannabis dispensary.\u003c/p>\n\u003cp>The suit claims that the closure of BPG will materially harm the city because it will mean the loss of hundreds of thousands of dollars in tax revenue. In addition, shuttering BPG, which serves 10,000 patients, will result in the proliferation of unpermitted dispensaries and more illegal street sales of marijuana in Berkeley, according to the claim, which was filed in U.S. District Court.\u003c/p>\n\u003cp>It will also undermine Berkeley’s efforts to create an orderly and permitted process to control the sale and distribution of medical cannabis in the city.\u003c/p>\n\u003cp>“The claimed property is vital to the safe and affordable distribution of medical cannabis to patients suffering from chronic and acute pain, life threatening and severe illnesses, diseases and injuries within the city of Berkeley, and to the city of Berkeley’s ability to control and regulate medical cannabis within its community,” says the suit. \u003c!--more-->On May 2, U.S. Attorney Melinda Haag filed a forfeiture action against Nahia Droubi, the owner of 2366 San Pablo Ave., the site BPG relocated to in fall 2012. Haag said BPG was operating illegally because it was within 600 feet of two preschools, Color Me Children on Bancroft Avenue and the Nia House Learning Center on Ninth Street. Haag threatened to seize the property under the Controlled Substances Act.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/15/interview-mayor-tom-bates-laments-closing-of-berkeley-patients-group-marijuana-dispensary/\">Berkeley Mayor Tom Bates Laments Closing of Berkeley Patients Group\u003c/a> (News Fix, March 2012)\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>BPG officials said they were surprised at the letter since state law says cannabis businesses have to be 600 feet from K-12 institutions, but are silent on preschools, according to Sean Luse, BPG’s chief operating officer. After being forced to close its previous dispensary at 2747 San Pablo Ave. because it was too close to schools, BPG scoured the city to find a location that complied with the law, said Luse. Haag, however, said she warned Droubi before BPG opened its doors that her office did not consider the location legal.Berkeley officials held a press conference in May to condemn Haag’s actions and continue to suggest she would be better off prosecuting more dangerous criminals.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It is time for the federal government to wake up and stop these asset forfeiture actions,” Mayor Tom Bates said in a press release. “Berkeley Patients Group has complied with the rules and caused no problems in the City. The federal government should not use its scarce resources to harass local law-abiding businesses.”\u003c/p>\n\u003cp>Both Berkeley and BPG can fight Haag’s suit against Droubi because the forfeiture law “allows a process for other parties who have an interest in the property to file a claim,” according to Tamar Todd, an attorney for the \u003ca href=\"http://www.drugpolicy.org/\">Drug Policy Alliance,\u003c/a> which filed the lawsuit on Berkeley’s behalf. The organization, which advocates for fighting drug abuse through treatments rather than criminalization, is doing work for Berkeley pro bono. Berkeley residents are not paying for the suit.\u003c/p>\n\u003cp>This is the second time a city has stepped in to fight the closure of a medical cannabis dispensary. Oakland \u003ca href=\"http://ww2.kqed.org/news/2012/12/19/federal-crackdown-on-medical-marijuana-oakland-fights-back-mendocino-county-still-deciding/\" target=\"_blank\">tried to intervene in a forfeiture case against Harborside Health Center\u003c/a>, but used a different legal tactic that was rejected by a U.S. Magistrate in February, said Todd. In that case, Oakland filed a separate lawsuit to try and stop the federal government’s actions rather than joining with Harborside and its landlord, she said. Oakland is appealing that ruling.\u003c/p>\n\u003cp>Here is the \u003ca href=\"http://www.scribd.com/doc/151551450/Berkeley-files-lawsuit-over-Berkeley-Patients-Group\" target=\"_blank\">lawsuit\u003c/a> ...\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca title=\"View Berkeley files lawsuit over Berkeley Patients Group on Scribd\" href=\"http://www.scribd.com/doc/151551450/Berkeley-files-lawsuit-over-Berkeley-Patients-Group\">Berkeley files lawsuit over Berkeley Patients Group\u003c/a> by \u003ca title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/151551450/content?start_page=1&view_mode=scroll&access_key=key-1gof851uo4zrm48ihzkd&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\n\n\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1372887568,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":652},"headData":{"title":"Berkeley Sues Feds Over Attempts to Shut Down Berkeley Patients Group | KQED","description":"by Frances Dinkelspiel, Berkeleyside The city of Berkeley sued the federal government on Wednesday in an attempt to stop its efforts to shut down Berkeley Patients Group, the city’s largest medical cannabis dispensary. The suit claims that the closure of BPG will materially harm the city because it will mean the loss of hundreds of","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Berkeley Sues Feds Over Attempts to Shut Down Berkeley Patients Group","datePublished":"2013-07-03T19:22:26.000Z","dateModified":"2013-07-03T21:39:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"102342 http://ww2.kqed.org/news/?p=102342","disqusUrl":"https://ww2.kqed.org/news/2013/07/03/berkeley-sues-feds-over-attempts-to-shut-down-berkeley-patients-group/","disqusTitle":"Berkeley Sues Feds Over Attempts to Shut Down Berkeley Patients Group","customPermalink":"2013/07/03/berkeley-patients-group/","path":"/news/102342/berkeley-sues-feds-over-attempts-to-shut-down-berkeley-patients-group","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Frances Dinkelspiel, \u003ca href=\"http://www.berkeleyside.com/\" target=\"_blank\">\u003cstrong>Berkeleyside\u003c/strong>\u003c/a>\u003c/p>\n\u003cfigure id=\"attachment_102363\" class=\"wp-caption aligncenter\" style=\"max-width: 600px\">\u003cimg class=\"size-full wp-image-102363\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/berkeleypatientsgroup13-720x375.jpg\" alt=\"Berkeley Patients Group opened its doors at 2366 San Pablo Avenue in December 2012. (Photo: Frances Dinkelspiel/Berkeleyside)\" width=\"600\" height=\"351\">\u003cfigcaption class=\"wp-caption-text\">Berkeley Patients Group opened its doors at 2366 San Pablo Ave. in December 2012. (Photo: Frances Dinkelspiel/Berkeleyside)\u003c/figcaption>\u003c/figure>\n\u003cp>The city of Berkeley \u003ca href=\"https://docs.google.com/file/d/0B5gTlc72fiJSc1Z6anNjRWpRV28/edit?usp=sharing\">sued the federal government\u003c/a> on Wednesday in an attempt to stop its efforts to shut down Berkeley Patients Group, the city’s largest medical cannabis dispensary.\u003c/p>\n\u003cp>The suit claims that the closure of BPG will materially harm the city because it will mean the loss of hundreds of thousands of dollars in tax revenue. In addition, shuttering BPG, which serves 10,000 patients, will result in the proliferation of unpermitted dispensaries and more illegal street sales of marijuana in Berkeley, according to the claim, which was filed in U.S. District Court.\u003c/p>\n\u003cp>It will also undermine Berkeley’s efforts to create an orderly and permitted process to control the sale and distribution of medical cannabis in the city.\u003c/p>\n\u003cp>“The claimed property is vital to the safe and affordable distribution of medical cannabis to patients suffering from chronic and acute pain, life threatening and severe illnesses, diseases and injuries within the city of Berkeley, and to the city of Berkeley’s ability to control and regulate medical cannabis within its community,” says the suit. \u003c!--more-->On May 2, U.S. Attorney Melinda Haag filed a forfeiture action against Nahia Droubi, the owner of 2366 San Pablo Ave., the site BPG relocated to in fall 2012. Haag said BPG was operating illegally because it was within 600 feet of two preschools, Color Me Children on Bancroft Avenue and the Nia House Learning Center on Ninth Street. Haag threatened to seize the property under the Controlled Substances Act.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/15/interview-mayor-tom-bates-laments-closing-of-berkeley-patients-group-marijuana-dispensary/\">Berkeley Mayor Tom Bates Laments Closing of Berkeley Patients Group\u003c/a> (News Fix, March 2012)\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>BPG officials said they were surprised at the letter since state law says cannabis businesses have to be 600 feet from K-12 institutions, but are silent on preschools, according to Sean Luse, BPG’s chief operating officer. After being forced to close its previous dispensary at 2747 San Pablo Ave. because it was too close to schools, BPG scoured the city to find a location that complied with the law, said Luse. Haag, however, said she warned Droubi before BPG opened its doors that her office did not consider the location legal.Berkeley officials held a press conference in May to condemn Haag’s actions and continue to suggest she would be better off prosecuting more dangerous criminals.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It is time for the federal government to wake up and stop these asset forfeiture actions,” Mayor Tom Bates said in a press release. “Berkeley Patients Group has complied with the rules and caused no problems in the City. The federal government should not use its scarce resources to harass local law-abiding businesses.”\u003c/p>\n\u003cp>Both Berkeley and BPG can fight Haag’s suit against Droubi because the forfeiture law “allows a process for other parties who have an interest in the property to file a claim,” according to Tamar Todd, an attorney for the \u003ca href=\"http://www.drugpolicy.org/\">Drug Policy Alliance,\u003c/a> which filed the lawsuit on Berkeley’s behalf. The organization, which advocates for fighting drug abuse through treatments rather than criminalization, is doing work for Berkeley pro bono. Berkeley residents are not paying for the suit.\u003c/p>\n\u003cp>This is the second time a city has stepped in to fight the closure of a medical cannabis dispensary. Oakland \u003ca href=\"http://ww2.kqed.org/news/2012/12/19/federal-crackdown-on-medical-marijuana-oakland-fights-back-mendocino-county-still-deciding/\" target=\"_blank\">tried to intervene in a forfeiture case against Harborside Health Center\u003c/a>, but used a different legal tactic that was rejected by a U.S. Magistrate in February, said Todd. In that case, Oakland filed a separate lawsuit to try and stop the federal government’s actions rather than joining with Harborside and its landlord, she said. Oakland is appealing that ruling.\u003c/p>\n\u003cp>Here is the \u003ca href=\"http://www.scribd.com/doc/151551450/Berkeley-files-lawsuit-over-Berkeley-Patients-Group\" target=\"_blank\">lawsuit\u003c/a> ...\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca title=\"View Berkeley files lawsuit over Berkeley Patients Group on Scribd\" href=\"http://www.scribd.com/doc/151551450/Berkeley-files-lawsuit-over-Berkeley-Patients-Group\">Berkeley files lawsuit over Berkeley Patients Group\u003c/a> by \u003ca title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/151551450/content?start_page=1&view_mode=scroll&access_key=key-1gof851uo4zrm48ihzkd&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\n\n\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/102342/berkeley-sues-feds-over-attempts-to-shut-down-berkeley-patients-group","authors":["236"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_2392","news_2248"],"label":"news_6944"},"news_59458":{"type":"posts","id":"news_59458","meta":{"index":"posts_1591205157","site":"news","id":"59458","score":null,"sort":[1331849497000]},"guestAuthors":[],"slug":"interview-w-us-attorney-haag-on-pot-operations-if-its-close-to-children-thats-a-line-were-going-to-draw","title":"Interview w/ US Attorney Haag on Pot Operations: 'If it's close to children, that's a line we're going to draw'","publishDate":1331849497,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_59484\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/MedicalMarijuanaJustinSullivanGetty1.jpg\">\u003cimg class=\"size-medium wp-image-59484\" title=\"\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/MedicalMarijuanaJustinSullivanGetty1-300x204.jpg\" alt=\"Melinda Haag medical marijuana interview\" width=\"250\" height=\"170\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Justin Sullivan/Getty\u003c/figcaption>\u003c/figure>\n\u003cp>Last October \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/\">California's four U.S. attorneys announced a series of enforcement actions \u003c/a>intended to curtail the state's booming marijuana industry. The effort prompted angry criticism from medical marijuana advocates, who accused the Obama administration of backtracking on pledges to allow states to go their own way, at least when it comes to medical marijuana.\u003c/p>\n\u003cp>Since then, hundreds of medical marijuana outlets have closed shop, including at least 10 in the Bay Area. Michael Montgomery recently spoke to Melinda Haag, U.S. Attorney for California's Northern District, in her first extensive interview about the crackdown. Here's an edited transcript:\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>What were the central motivating factors behind this statewide coordinated action launched by California’s four US attorney’s last October?\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I have to go back a little bit to let you know that my office receives phone calls, letters and emails from people every day expressing great concern about the explosion and proliferation of the marijuana industry as a result of the passage of legislation regarding medical marijuana.\u003c/p>\n\u003caside class=\"pullquote alignleft\">In the view of the people that contact my office, the demand for medical marijuana in California is fueling an industry that's ruining other parts of the state.\u003c/aside>\n\u003cp>In the view of the people that write to my office and call my office, the demand for medical marijuana in California is fueling an industry that is ruining other parts of the state. We have huge swaths of land in the Central Valley and in Northern California that are now devoted to the cultivation of marijuana.\u003c/p>\n\u003cp>I get letters that tell me that the writer lives in a small community and that community has six marijuana dispensaries. And they watch people come from all over the state and outside the state come and purchase marijuana in their small community and they express grave concerns.\u003c/p>\n\u003cp>I receive letters from people who tell me things like my business is across the street from a high school and a dispensary and I watch kids all day long go in and out and then into the high school. And then I hear that they have a tremendous problem in that high school with marijuana use by the students.\u003c/p>\n\u003cp>Marijuana is illegal under federal law and I felt like I had to do something to respond to those members of my community that don't support it and don't support the impact they believe it's having. The main complaint and the main theme expressed by the people that I've heard from is the impact on children, so with my limited resources I decided to focus on children.\u003c/p>\n\u003cp>As an initial matter we identified dispensaries that were very close to schools and parks and playgrounds. That's what led to my decision and the effort we've engaged in in the Northern District of California.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>We were hearing the U.S. attorneys are not going to take any actions with respect to marijuana in California because of the 2009 Ogden memo…We felt we needed to send a message that wasn't correct.\u003c/p>\n\u003c/aside>\n\u003cp>The reason that the four California U.S. Attorneys announced our efforts together is that we were all experiencing the same thing, which is that everyone was saying we were hearing and everyone was saying the U.S. attorneys are not going to take any actions with respect to marijuana in California because of the \u003ca href=\"http://blogs.usdoj.gov/blog/archives/192\">2009 Ogden memo [full text]\u003c/a>. So it's fair game. We can have grow operations, we can have dispensaries, we can do anything we want with respect to marijuana because the Department of Justice in 2009 in the Ogden memo said that the California U.S. attorneys will not take action.\u003c/p>\n\u003cp>That was incorrect. And we felt that we needed to send a message that it wasn't correct. I actually felt that it was more fair to send a message because, for example, I was hearing from Oakland that it was going to issue licenses and allow large-scale grow operations in warehouses. And what was described to me was that they were going to be quote \"Walmart-sized.\" And I was hearing that everyone believed that would be okay and that my office would not take any action. And I knew it isn't okay, it is a violation of federal law.\u003c/p>\n\u003cp>When you're talking about that scale grow-operation across the bay in Oakland it wouldn't be something that I could ignore. I didn't think it was fair to stand by, be silent, let people pull licenses in Oakland, put millions of dollars into setting up a grow operation in a warehouse and then come in and take an enforcement action.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Yours was the first letter that went out. Did you think that within a few months of your letter to officials in Oakland that there would be this proliferation of similar letters from U.S. attorneys around the country?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I certainly only focus on my own district. I wasn't focused on what my colleagues around the country might or might not do as a result.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">If there are people who are ill and they believe that marijuana will help them or their doctors believe it will help them, the U.S. attorneys are not ordinarily going to bring any kind of enforcement action. That's really all that the Ogden memo says.\u003c/aside>\n\u003cp>At your \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/#audio\">press conference\u003c/a> last fall, we heard the term “commercial industry” used quite a lot in relation to marijuana in California. What does that mean? Is it the scale, the way they operate?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>If you actually read the so-called Ogden memo from 2009 from the Department of Justice, what it says is that U.S. attorneys will not ordinarily use their limited resources to bring actions against seriously ill individuals or their caregivers. That's the direction we were given. And I think it was clear from the department and clear from Washington D.C. that if there are people who are ill and they believe that marijuana will help them or their doctors believe marijuana will help them, the U.S. attorneys are not ordinarily going to step into that fray and bring any kind of an enforcement action.\u003c/p>\n\u003cp>But that's really at its heart all that the Ogden memo says. It also makes clear that a marijuana industry is not off-limits. And if we have significant grow operations, if we have for-profit operations, certainly if those operations are having negative impacts on their communities, that it isn't something that we're able to ignore.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>You have taken more actions recently...\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">When a dispensary comes to my attention that is close to a school, a park, a playground or children, that's a line I've decided to draw.\u003c/aside>\n\u003cp>The main theme that I was hearing from members of this community, members of our community in the northern district of California was a concern about children. And it has to do with marijuana use leading to other drugs, it has to do with brain development. I was hearing from psychologists who were sending me reports that find that brains are not fully developed until your mid 20s and use of marijuana or alcohol or anything else like that is more harmful than perhaps it is than when people are a little bit older and their brains are developed.\u003c/p>\n\u003cp>he other concern that people have expressed to me is safety. There is a belief, backed by facts, that marijuana operations are often times the victims of criminal activity. Armed robberies at dispensaries, armed robberies at grow operations, and people who are nearby are at risk as a result of that.\u003c/p>\n\u003cp>And there have been some illustrations of that concern recently in my district. For example there's a dispensary in Santa Cruz that is next to a preschool, and it came to my attention that dispensary was the subject of an armed robbery in the middle part of February. And I heard that the parents of the preschoolers, the operators of the preschool, and the community were very concerned. So I sent a letter to the owners and operators of that dispensary putting them on notice that the dispensary is close to a preschool that it's in violation of federal law, giving them 45 days to close it down before we take action.\u003c/p>\n\u003cp>On another end of the spectrum we indicted a case two weeks ago in Humboldt County. There's a grower there who allegedly had a 1500-plant grow operation. He allegedly hired undocumented workers from Central America and the indictment alleges that when those workers came to him and asked to be paid, he instead pulled out a gun, shot and killed one of them, and chased the other one through the woods, shooting.\u003c/p>\n\u003cp>I believe there's this notion out there that the marijuana industry is just full of organic farmers who are peacefully growing an organic natural plant and that there's no harm associated with that. And what I hear from people in the community is that there is harm.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">One thing we've heard in response is that this is a good dispensary. This is a dispensary that's patient-run, or they consider themselves to be a good actor in the marijuana space. I hear them, but I have a hard time making that distinction. I've already drawn a line.\u003c/aside>\n\u003cp>You’ve also taken action against dispensaries in San Francisco and the \u003ca href=\"http://ww2.kqed.org/news/2012/03/15/berkeley-patients-group-marijuana-dispensary-to-close/\">Berkeley Patients Group\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>One of my concerns about dispensaries that are in proximity to schools and parks and playgrounds is the possibility they could be the target of violence or armed robbery. People in the community may be supportive of the dispensary being in their community until there's a robbery and people come running out of the dispensary shooting guns.\u003c/p>\n\u003cp>I'm concerned about that circumstance with respect to every dispensary. I simply don't have the resources to take action with respect to every dispensary in the northern district, so I've had to make some decisions about how to best use my resources. So I've decided to focus on dispensaries that are near kids.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Some people say \"wait a minute, we're doing fine.\" For example, the situation in Berkeley. They say, \"we haven't had any problems.\" The school across the street is happy with us. Why pick on us? Go somewhere else. What’s your response?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>Marijuana dispensaries are full of cash and they're full of marijuana and everybody knows that. And many of them are very public about their operations. Some of them go on television, most of them have web sites, and everybody knows where they are. They are at risk of being robbed and many of them are robbed. I spoke to a police chief today about another topic and I asked him have you had any marijuana dispensaries robbed recently and he ticked off three in the last week in his community. Any given dispensary may not have been robbed to date, but they could very well be robbed in the near future and there very well could be violence associated with that. I'm concerned about the people in the dispensary, certainly; I'm also concerned about the people in the vicinity of the dispensary. Which is again why I've drawn this line. When a dispensary comes to my attention that is close to a school, a park, a playground or children, that's a line I've decided to draw.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Does that mean any dispensary that's near a school?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">-If a location is subject to one of these letters, can they move? That is, could that remove the issue cited in the letter?\n\u003cp>\u003cstrong>\u003c/strong>-That's correct.\u003c/p>\u003c/aside>\n\u003cp>We've sent letters to a number of dispensaries and we certainly hear back from most if not all of them, or lawyers representing them. And one thing we've heard in response is that this is a good dispensary. This is a dispensary that's patient-run, or they consider themselves to be a good actor in the marijuana space. And I hear them, but I have a hard time making that distinction. I've already drawn a line. If it's close to children then that's a line we're going to draw. If I then start trying to get in and figure out which ones are quote good or not, it's just not something I'm capable of doing. So I've decided to keep that line fairly bright.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>If a location is subject to one of these letters, can they move? That is, could that remove the issue cited in the letter?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>That's correct.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>When it comes to marijuana cases, are you relying on civil forfeitures more than criminal prosecutions because they require fewer resources?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>We take on many things in the U.S. Attorney's office that are labor-intensive. We have a case that involves the failure of a bank and a nearly $500 million loss, where the discovery and data is measured in terabytes. And I could cite many other cases where the resources involved in bringing the case are significant and we take them on.\u003c/p>\n\u003cp>We're not really afraid of the use of resources. I don't agree that we're doing it because it's easier. Marijuana is illegal under federal law and there are many things I could do as a result. I can bring a criminal action, I can bring a forfeiture action, or both. I just believe that it's appropriate under these circumstances to bring a forfeiture action at this point.\u003c/p>\n\u003cp>I can't promise going forward that it won't change. I can't promise that we very well may find an appropriate case for criminal prosecution. We very well may find a case where it's appropriate to not give notice to the owner of the property but simply to institute an asset forfeiture action.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I don't want to send the message that if you are more than 1000 feet from a school you will not be targeted. I don't know that.\u003c/aside>\n\u003cp>I cannot promise that we will not bring actions against dispensaries that are not close to schools and parks and playgrounds but for some other reason we felt that it was appropriate to expand our look. So I don't want to send the message to people that if you are more than 1000 feet from a school you will not be targeted. I don't want to send the message that you will never be criminally prosecuted. I don't know that.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Right now, how would you assess the impact of this state-wide enforcement action?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>We certainly got people's attention. There's one big positive from my perspective. And that is that I was hearing from a lot of people in this community that they believed that they could take a warehouse that they owned or a property that they owned and turn it into a large-scale marijuana grow operation and that there would be no repercussions. I was hearing from very upstanding members of the community that there were plans to do that kind of thing, to take a warehouse that they'd had trouble leasing in west Oakland and to lease it to a marijuana grow operation. I'm gratified to hear that people understand that they can't do that and feel that nothing will ever happen. Something might happen. There might be a criminal prosecution. There might be an asset forfeiture action. It is illegal, whether you agree with it or not, under federal law, and it's not something people should take lightly.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>What do you say to the argument that your actions are preventing seriously ill people from getting their medicine?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>There are an awful lot of marijuana dispensaries in the Northern District of California, and the number that we have taken action against is relatively small. So I am assuming that people who need access to medical marijuana still have access to it through dispensaries.\u003c/p>\n\u003cp>I also think that the Ogden memo and frankly California state law contemplated a much smaller scale with respect to medical marijuana. When I read California state law, when I read the Ogden memo, what those look like to me is that what was contemplated was people believed they need marijuana, or whose doctors believe they could benefit from marijuana, would be growing it personally or a friend or a caregiver or community member or church member would be growing it for them and it would be relatively small scale.\u003c/p>\n\u003cp>What we have seen is an absolute explosion of the marijuana industry in California where it is not at all small scale but instead huge swaths of farmland, huge grow operations in all of the counties north of San Francisco and indoor grow operations in the more urban areas, are really taking over and are really impacting negatively on communities.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>What do you think of calls from Kamala Harris and others for the state to tighten its laws or create a regulatory system when it comes to medical marijuana?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I think I have to wait and see what happens.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>When you took this job in 2010, did you have any idea that a lot of time and attention would be required concerning something like marijuana?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I had absolutely no idea. I can tell you that amount of press attention with respect to medical marijuana is completely disproportionate to the tiny percentage of resources of my office that is used to address it.\u003c/p>\n\u003cp>For the most part we're prosecuting violent gangs, bringing gun and drug cases and gang-related cases, bringing significant white collar cases, bringing public corruption cases against law enforcement officers and others, bringing child exploitations, prosecutions against people who are abusing children, human-trafficking prosecutions.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>You and the other U.S. attorneys in California have been criticized for taking these enforcement actions against medical marijuana operators. Some people say the feds need to end the war on pot and other drugs. What’s your response?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I certainly read and understand that there are people who disagree with what I’ve done in terms of the enforcement actions we’ve taken. And most of those sentiments conclude that it should just be legalized. That is, \"you shouldn’t be doing this, instead it should be legalized.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>My answer to that is those people need to go to their representatives in Congress, who are the only people with the power and ability to change federal law. I don’t have the power and ability to change federal law.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1331853358,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":84,"wordCount":3199},"headData":{"title":"Interview w/ US Attorney Haag on Pot Operations: 'If it's close to children, that's a line we're going to draw' | KQED","description":"Last October California's four U.S. attorneys announced a series of enforcement actions intended to curtail the state's booming marijuana industry. The effort prompted angry criticism from medical marijuana advocates, who accused the Obama administration of backtracking on pledges to allow states to go their own way, at least when it comes to medical marijuana. Since","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Interview w/ US Attorney Haag on Pot Operations: 'If it's close to children, that's a line we're going to draw'","datePublished":"2012-03-15T22:11:37.000Z","dateModified":"2012-03-15T23:15:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"59458 http://ww2.kqed.org/news/?p=59458","disqusUrl":"https://ww2.kqed.org/news/2012/03/15/interview-w-us-attorney-haag-on-pot-operations-if-its-close-to-children-thats-a-line-were-going-to-draw/","disqusTitle":"Interview w/ US Attorney Haag on Pot Operations: 'If it's close to children, that's a line we're going to draw'","path":"/news/59458/interview-w-us-attorney-haag-on-pot-operations-if-its-close-to-children-thats-a-line-were-going-to-draw","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_59484\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/MedicalMarijuanaJustinSullivanGetty1.jpg\">\u003cimg class=\"size-medium wp-image-59484\" title=\"\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/MedicalMarijuanaJustinSullivanGetty1-300x204.jpg\" alt=\"Melinda Haag medical marijuana interview\" width=\"250\" height=\"170\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Justin Sullivan/Getty\u003c/figcaption>\u003c/figure>\n\u003cp>Last October \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/\">California's four U.S. attorneys announced a series of enforcement actions \u003c/a>intended to curtail the state's booming marijuana industry. The effort prompted angry criticism from medical marijuana advocates, who accused the Obama administration of backtracking on pledges to allow states to go their own way, at least when it comes to medical marijuana.\u003c/p>\n\u003cp>Since then, hundreds of medical marijuana outlets have closed shop, including at least 10 in the Bay Area. Michael Montgomery recently spoke to Melinda Haag, U.S. Attorney for California's Northern District, in her first extensive interview about the crackdown. Here's an edited transcript:\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>What were the central motivating factors behind this statewide coordinated action launched by California’s four US attorney’s last October?\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I have to go back a little bit to let you know that my office receives phone calls, letters and emails from people every day expressing great concern about the explosion and proliferation of the marijuana industry as a result of the passage of legislation regarding medical marijuana.\u003c/p>\n\u003caside class=\"pullquote alignleft\">In the view of the people that contact my office, the demand for medical marijuana in California is fueling an industry that's ruining other parts of the state.\u003c/aside>\n\u003cp>In the view of the people that write to my office and call my office, the demand for medical marijuana in California is fueling an industry that is ruining other parts of the state. We have huge swaths of land in the Central Valley and in Northern California that are now devoted to the cultivation of marijuana.\u003c/p>\n\u003cp>I get letters that tell me that the writer lives in a small community and that community has six marijuana dispensaries. And they watch people come from all over the state and outside the state come and purchase marijuana in their small community and they express grave concerns.\u003c/p>\n\u003cp>I receive letters from people who tell me things like my business is across the street from a high school and a dispensary and I watch kids all day long go in and out and then into the high school. And then I hear that they have a tremendous problem in that high school with marijuana use by the students.\u003c/p>\n\u003cp>Marijuana is illegal under federal law and I felt like I had to do something to respond to those members of my community that don't support it and don't support the impact they believe it's having. The main complaint and the main theme expressed by the people that I've heard from is the impact on children, so with my limited resources I decided to focus on children.\u003c/p>\n\u003cp>As an initial matter we identified dispensaries that were very close to schools and parks and playgrounds. That's what led to my decision and the effort we've engaged in in the Northern District of California.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>We were hearing the U.S. attorneys are not going to take any actions with respect to marijuana in California because of the 2009 Ogden memo…We felt we needed to send a message that wasn't correct.\u003c/p>\n\u003c/aside>\n\u003cp>The reason that the four California U.S. Attorneys announced our efforts together is that we were all experiencing the same thing, which is that everyone was saying we were hearing and everyone was saying the U.S. attorneys are not going to take any actions with respect to marijuana in California because of the \u003ca href=\"http://blogs.usdoj.gov/blog/archives/192\">2009 Ogden memo [full text]\u003c/a>. So it's fair game. We can have grow operations, we can have dispensaries, we can do anything we want with respect to marijuana because the Department of Justice in 2009 in the Ogden memo said that the California U.S. attorneys will not take action.\u003c/p>\n\u003cp>That was incorrect. And we felt that we needed to send a message that it wasn't correct. I actually felt that it was more fair to send a message because, for example, I was hearing from Oakland that it was going to issue licenses and allow large-scale grow operations in warehouses. And what was described to me was that they were going to be quote \"Walmart-sized.\" And I was hearing that everyone believed that would be okay and that my office would not take any action. And I knew it isn't okay, it is a violation of federal law.\u003c/p>\n\u003cp>When you're talking about that scale grow-operation across the bay in Oakland it wouldn't be something that I could ignore. I didn't think it was fair to stand by, be silent, let people pull licenses in Oakland, put millions of dollars into setting up a grow operation in a warehouse and then come in and take an enforcement action.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Yours was the first letter that went out. Did you think that within a few months of your letter to officials in Oakland that there would be this proliferation of similar letters from U.S. attorneys around the country?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I certainly only focus on my own district. I wasn't focused on what my colleagues around the country might or might not do as a result.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">If there are people who are ill and they believe that marijuana will help them or their doctors believe it will help them, the U.S. attorneys are not ordinarily going to bring any kind of enforcement action. That's really all that the Ogden memo says.\u003c/aside>\n\u003cp>At your \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/#audio\">press conference\u003c/a> last fall, we heard the term “commercial industry” used quite a lot in relation to marijuana in California. What does that mean? Is it the scale, the way they operate?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>If you actually read the so-called Ogden memo from 2009 from the Department of Justice, what it says is that U.S. attorneys will not ordinarily use their limited resources to bring actions against seriously ill individuals or their caregivers. That's the direction we were given. And I think it was clear from the department and clear from Washington D.C. that if there are people who are ill and they believe that marijuana will help them or their doctors believe marijuana will help them, the U.S. attorneys are not ordinarily going to step into that fray and bring any kind of an enforcement action.\u003c/p>\n\u003cp>But that's really at its heart all that the Ogden memo says. It also makes clear that a marijuana industry is not off-limits. And if we have significant grow operations, if we have for-profit operations, certainly if those operations are having negative impacts on their communities, that it isn't something that we're able to ignore.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>You have taken more actions recently...\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">When a dispensary comes to my attention that is close to a school, a park, a playground or children, that's a line I've decided to draw.\u003c/aside>\n\u003cp>The main theme that I was hearing from members of this community, members of our community in the northern district of California was a concern about children. And it has to do with marijuana use leading to other drugs, it has to do with brain development. I was hearing from psychologists who were sending me reports that find that brains are not fully developed until your mid 20s and use of marijuana or alcohol or anything else like that is more harmful than perhaps it is than when people are a little bit older and their brains are developed.\u003c/p>\n\u003cp>he other concern that people have expressed to me is safety. There is a belief, backed by facts, that marijuana operations are often times the victims of criminal activity. Armed robberies at dispensaries, armed robberies at grow operations, and people who are nearby are at risk as a result of that.\u003c/p>\n\u003cp>And there have been some illustrations of that concern recently in my district. For example there's a dispensary in Santa Cruz that is next to a preschool, and it came to my attention that dispensary was the subject of an armed robbery in the middle part of February. And I heard that the parents of the preschoolers, the operators of the preschool, and the community were very concerned. So I sent a letter to the owners and operators of that dispensary putting them on notice that the dispensary is close to a preschool that it's in violation of federal law, giving them 45 days to close it down before we take action.\u003c/p>\n\u003cp>On another end of the spectrum we indicted a case two weeks ago in Humboldt County. There's a grower there who allegedly had a 1500-plant grow operation. He allegedly hired undocumented workers from Central America and the indictment alleges that when those workers came to him and asked to be paid, he instead pulled out a gun, shot and killed one of them, and chased the other one through the woods, shooting.\u003c/p>\n\u003cp>I believe there's this notion out there that the marijuana industry is just full of organic farmers who are peacefully growing an organic natural plant and that there's no harm associated with that. And what I hear from people in the community is that there is harm.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">One thing we've heard in response is that this is a good dispensary. This is a dispensary that's patient-run, or they consider themselves to be a good actor in the marijuana space. I hear them, but I have a hard time making that distinction. I've already drawn a line.\u003c/aside>\n\u003cp>You’ve also taken action against dispensaries in San Francisco and the \u003ca href=\"http://ww2.kqed.org/news/2012/03/15/berkeley-patients-group-marijuana-dispensary-to-close/\">Berkeley Patients Group\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>One of my concerns about dispensaries that are in proximity to schools and parks and playgrounds is the possibility they could be the target of violence or armed robbery. People in the community may be supportive of the dispensary being in their community until there's a robbery and people come running out of the dispensary shooting guns.\u003c/p>\n\u003cp>I'm concerned about that circumstance with respect to every dispensary. I simply don't have the resources to take action with respect to every dispensary in the northern district, so I've had to make some decisions about how to best use my resources. So I've decided to focus on dispensaries that are near kids.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Some people say \"wait a minute, we're doing fine.\" For example, the situation in Berkeley. They say, \"we haven't had any problems.\" The school across the street is happy with us. Why pick on us? Go somewhere else. What’s your response?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>Marijuana dispensaries are full of cash and they're full of marijuana and everybody knows that. And many of them are very public about their operations. Some of them go on television, most of them have web sites, and everybody knows where they are. They are at risk of being robbed and many of them are robbed. I spoke to a police chief today about another topic and I asked him have you had any marijuana dispensaries robbed recently and he ticked off three in the last week in his community. Any given dispensary may not have been robbed to date, but they could very well be robbed in the near future and there very well could be violence associated with that. I'm concerned about the people in the dispensary, certainly; I'm also concerned about the people in the vicinity of the dispensary. Which is again why I've drawn this line. When a dispensary comes to my attention that is close to a school, a park, a playground or children, that's a line I've decided to draw.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Does that mean any dispensary that's near a school?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">-If a location is subject to one of these letters, can they move? That is, could that remove the issue cited in the letter?\n\u003cp>\u003cstrong>\u003c/strong>-That's correct.\u003c/p>\u003c/aside>\n\u003cp>We've sent letters to a number of dispensaries and we certainly hear back from most if not all of them, or lawyers representing them. And one thing we've heard in response is that this is a good dispensary. This is a dispensary that's patient-run, or they consider themselves to be a good actor in the marijuana space. And I hear them, but I have a hard time making that distinction. I've already drawn a line. If it's close to children then that's a line we're going to draw. If I then start trying to get in and figure out which ones are quote good or not, it's just not something I'm capable of doing. So I've decided to keep that line fairly bright.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>If a location is subject to one of these letters, can they move? That is, could that remove the issue cited in the letter?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>That's correct.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>When it comes to marijuana cases, are you relying on civil forfeitures more than criminal prosecutions because they require fewer resources?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>We take on many things in the U.S. Attorney's office that are labor-intensive. We have a case that involves the failure of a bank and a nearly $500 million loss, where the discovery and data is measured in terabytes. And I could cite many other cases where the resources involved in bringing the case are significant and we take them on.\u003c/p>\n\u003cp>We're not really afraid of the use of resources. I don't agree that we're doing it because it's easier. Marijuana is illegal under federal law and there are many things I could do as a result. I can bring a criminal action, I can bring a forfeiture action, or both. I just believe that it's appropriate under these circumstances to bring a forfeiture action at this point.\u003c/p>\n\u003cp>I can't promise going forward that it won't change. I can't promise that we very well may find an appropriate case for criminal prosecution. We very well may find a case where it's appropriate to not give notice to the owner of the property but simply to institute an asset forfeiture action.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I don't want to send the message that if you are more than 1000 feet from a school you will not be targeted. I don't know that.\u003c/aside>\n\u003cp>I cannot promise that we will not bring actions against dispensaries that are not close to schools and parks and playgrounds but for some other reason we felt that it was appropriate to expand our look. So I don't want to send the message to people that if you are more than 1000 feet from a school you will not be targeted. I don't want to send the message that you will never be criminally prosecuted. I don't know that.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>Right now, how would you assess the impact of this state-wide enforcement action?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>We certainly got people's attention. There's one big positive from my perspective. And that is that I was hearing from a lot of people in this community that they believed that they could take a warehouse that they owned or a property that they owned and turn it into a large-scale marijuana grow operation and that there would be no repercussions. I was hearing from very upstanding members of the community that there were plans to do that kind of thing, to take a warehouse that they'd had trouble leasing in west Oakland and to lease it to a marijuana grow operation. I'm gratified to hear that people understand that they can't do that and feel that nothing will ever happen. Something might happen. There might be a criminal prosecution. There might be an asset forfeiture action. It is illegal, whether you agree with it or not, under federal law, and it's not something people should take lightly.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>What do you say to the argument that your actions are preventing seriously ill people from getting their medicine?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>There are an awful lot of marijuana dispensaries in the Northern District of California, and the number that we have taken action against is relatively small. So I am assuming that people who need access to medical marijuana still have access to it through dispensaries.\u003c/p>\n\u003cp>I also think that the Ogden memo and frankly California state law contemplated a much smaller scale with respect to medical marijuana. When I read California state law, when I read the Ogden memo, what those look like to me is that what was contemplated was people believed they need marijuana, or whose doctors believe they could benefit from marijuana, would be growing it personally or a friend or a caregiver or community member or church member would be growing it for them and it would be relatively small scale.\u003c/p>\n\u003cp>What we have seen is an absolute explosion of the marijuana industry in California where it is not at all small scale but instead huge swaths of farmland, huge grow operations in all of the counties north of San Francisco and indoor grow operations in the more urban areas, are really taking over and are really impacting negatively on communities.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>What do you think of calls from Kamala Harris and others for the state to tighten its laws or create a regulatory system when it comes to medical marijuana?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I think I have to wait and see what happens.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>When you took this job in 2010, did you have any idea that a lot of time and attention would be required concerning something like marijuana?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I had absolutely no idea. I can tell you that amount of press attention with respect to medical marijuana is completely disproportionate to the tiny percentage of resources of my office that is used to address it.\u003c/p>\n\u003cp>For the most part we're prosecuting violent gangs, bringing gun and drug cases and gang-related cases, bringing significant white collar cases, bringing public corruption cases against law enforcement officers and others, bringing child exploitations, prosecutions against people who are abusing children, human-trafficking prosecutions.\u003c/p>\n\u003cp>\u003cstrong>Michael Montgomery\u003c/strong>\u003c/p>\n\u003cp>You and the other U.S. attorneys in California have been criticized for taking these enforcement actions against medical marijuana operators. Some people say the feds need to end the war on pot and other drugs. What’s your response?\u003c/p>\n\u003cp>\u003cstrong>Melinda Haag\u003c/strong>\u003c/p>\n\u003cp>I certainly read and understand that there are people who disagree with what I’ve done in terms of the enforcement actions we’ve taken. And most of those sentiments conclude that it should just be legalized. That is, \"you shouldn’t be doing this, instead it should be legalized.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>My answer to that is those people need to go to their representatives in Congress, who are the only people with the power and ability to change federal law. I don’t have the power and ability to change federal law.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/59458/interview-w-us-attorney-haag-on-pot-operations-if-its-close-to-children-thats-a-line-were-going-to-draw","authors":["80"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_18543","news_102","news_431","news_2248"],"label":"news_6944"},"news_54382":{"type":"posts","id":"news_54382","meta":{"index":"posts_1591205157","site":"news","id":"54382","score":null,"sort":[1327462228000]},"guestAuthors":[],"slug":"mendocino-county-ends-medical-pot-permitting-program","title":"Mendocino County Ends Medical Pot Permitting Program","publishDate":1327462228,"format":"aside","headTitle":"Mendocino County Ends Medical Pot Permitting Program | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_54429\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54429\" title=\"MCohen_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Matt Cohen, owner of Northstone Organics medical marijuana growers cooperative, discusses a November raid on his farm by the Drug Enforcement Agency. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>Bowing to \u003ca href=\"http://ww2.kqed.org/news/2012/01/11/prosecutors-move-to-shut-down-mendocino-pot-permit-program/\">federal pressure\u003c/a>, Mendocino County will no longer issue permits to medical marijuana growers. The County Board of Supervisors voted 4-1 to end the popular permit program, which was the first of its kind in the nation.\u003c/p>\n\u003cp>The vote also makes it illegal to cultivate more than 25 plants, reducing the amount from the previous limit of 99 plants. The county will not continue to issue permits, but will not prevent growers with existing permits — who are operating under state law — to continue growing a plot of 25 plants or less.\u003c/p>\n\u003cp>Dozens of medical marijuana growers who packed a conference room in Ukiah today expressed passionate support for the permitting program. One speaker who identified himself as Nick said the decision to stop regulating marijuana cultivation would be a boon for illegal growers.\u003c/p>\n\u003cp>“With no inspectors, no sheriffs, nothing like that present, it’s just going to bring back an era of lawlessness that we had before.”\u003c/p>\n\u003cp>But Supervisor Dan Hamburg said a \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/\">threatened lawsuit\u003c/a> by US Attorney Melinda Haag gave the county little choice but to stop issuing permits.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If I were a private citizen, I would be railing against the federal government, saying ‘we should put every last resource this county has to fighting the feds.’\u003c/p>\n\u003cp>But a fight between Mendocino County and the federal government would make David and Goliath look like a fair fight.”\u003c/p>\n\u003cp>The decision could force the county to lay off sheriff’s deputies due to a loss in fees earned from growers who participated in the permit program. Nearly 100 people signed up for last year’s pot harvest.\u003c/p>\n\u003cfigure id=\"attachment_54430\" class=\"wp-caption alignright\" style=\"max-width: 150px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54430\" title=\"NsOrg_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\" alt=\"Destroyed marijuana plant.\" width=\"150\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">This plant is one of 99 that were destroyed in a November 2011 raid on Northstone Organics. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>KQED News and \u003ca href=\"http://californiawatch.org/category/special-project/republic-cannabis\">California Watch\u003c/a> have \u003ca href=\"http://www.kqed.org/news/bayarea/republicofcannabis/\">collaborated in covering\u003c/a> thriving medical marijuana industry in the state, as well as the federal government’s \u003ca href=\"http://ww2.kqed.org/news/2011/10/14/northstone-organics-matt-cohen-mendocino-county-sheriff-tom-allman-on-yesterdays-dea-raid/\">crackdown\u003c/a> on local medical marijuana growers. Mendocino County’s permitting program was the subject of a KQED TV Special, “\u003ca href=\"http://www.youtube.com/watch?v=2bFUASotNXk\">The Republic of Cannabis\u003c/a>,” which aired last summer.\u003c/p>\n\u003cp>Recently we conducted \u003ca href=\"http://ww2.kqed.org/news/2012/01/17/mendocino-county-pot-permit-program/\">extensive interviews\u003c/a> with Tommy LaNier, who directs the White House-funded National Marijuana Initiative and opposes legalized marijuana and \u003ca href=\"http://www.co.mendocino.ca.us/bos/mccowen2009.htm\">John McCowen\u003c/a>, the chairman of the Mendocino Board of Supervisors who helped design the ordinance.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Back in October, the Drug Enforcement Agency raided the growers cooperative \u003ca href=\"http://ww2.kqed.org/news/tag/northstone-organics/\">Northstone Organics\u003c/a>. This surprised many medical marijuana supporters, in part because Matt Cohen’s was considered to be a model business in the Mendocino County permitting program. Here are post-raid follow up interviews with Cohen, Supervisor McCowen and federal officials:\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1685490020,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":483},"headData":{"title":"Mendocino County Ends Medical Pot Permitting Program | KQED","description":"Bowing to federal pressure, Mendocino County will no longer issue permits to medical marijuana growers. The County Board of Supervisors voted 4-1 to end the popular permit program, which was the first of its kind in the nation. The vote also makes it illegal to cultivate more than 25 plants, reducing the amount from the","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Mendocino County Ends Medical Pot Permitting Program","datePublished":"2012-01-25T03:30:28.000Z","dateModified":"2023-05-30T23:40:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/54382/mendocino-county-ends-medical-pot-permitting-program","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_54429\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54429\" title=\"MCohen_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Matt Cohen, owner of Northstone Organics medical marijuana growers cooperative, discusses a November raid on his farm by the Drug Enforcement Agency. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>Bowing to \u003ca href=\"http://ww2.kqed.org/news/2012/01/11/prosecutors-move-to-shut-down-mendocino-pot-permit-program/\">federal pressure\u003c/a>, Mendocino County will no longer issue permits to medical marijuana growers. The County Board of Supervisors voted 4-1 to end the popular permit program, which was the first of its kind in the nation.\u003c/p>\n\u003cp>The vote also makes it illegal to cultivate more than 25 plants, reducing the amount from the previous limit of 99 plants. The county will not continue to issue permits, but will not prevent growers with existing permits — who are operating under state law — to continue growing a plot of 25 plants or less.\u003c/p>\n\u003cp>Dozens of medical marijuana growers who packed a conference room in Ukiah today expressed passionate support for the permitting program. One speaker who identified himself as Nick said the decision to stop regulating marijuana cultivation would be a boon for illegal growers.\u003c/p>\n\u003cp>“With no inspectors, no sheriffs, nothing like that present, it’s just going to bring back an era of lawlessness that we had before.”\u003c/p>\n\u003cp>But Supervisor Dan Hamburg said a \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/\">threatened lawsuit\u003c/a> by US Attorney Melinda Haag gave the county little choice but to stop issuing permits.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“If I were a private citizen, I would be railing against the federal government, saying ‘we should put every last resource this county has to fighting the feds.’\u003c/p>\n\u003cp>But a fight between Mendocino County and the federal government would make David and Goliath look like a fair fight.”\u003c/p>\n\u003cp>The decision could force the county to lay off sheriff’s deputies due to a loss in fees earned from growers who participated in the permit program. Nearly 100 people signed up for last year’s pot harvest.\u003c/p>\n\u003cfigure id=\"attachment_54430\" class=\"wp-caption alignright\" style=\"max-width: 150px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54430\" title=\"NsOrg_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\" alt=\"Destroyed marijuana plant.\" width=\"150\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">This plant is one of 99 that were destroyed in a November 2011 raid on Northstone Organics. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>KQED News and \u003ca href=\"http://californiawatch.org/category/special-project/republic-cannabis\">California Watch\u003c/a> have \u003ca href=\"http://www.kqed.org/news/bayarea/republicofcannabis/\">collaborated in covering\u003c/a> thriving medical marijuana industry in the state, as well as the federal government’s \u003ca href=\"http://ww2.kqed.org/news/2011/10/14/northstone-organics-matt-cohen-mendocino-county-sheriff-tom-allman-on-yesterdays-dea-raid/\">crackdown\u003c/a> on local medical marijuana growers. Mendocino County’s permitting program was the subject of a KQED TV Special, “\u003ca href=\"http://www.youtube.com/watch?v=2bFUASotNXk\">The Republic of Cannabis\u003c/a>,” which aired last summer.\u003c/p>\n\u003cp>Recently we conducted \u003ca href=\"http://ww2.kqed.org/news/2012/01/17/mendocino-county-pot-permit-program/\">extensive interviews\u003c/a> with Tommy LaNier, who directs the White House-funded National Marijuana Initiative and opposes legalized marijuana and \u003ca href=\"http://www.co.mendocino.ca.us/bos/mccowen2009.htm\">John McCowen\u003c/a>, the chairman of the Mendocino Board of Supervisors who helped design the ordinance.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Back in October, the Drug Enforcement Agency raided the growers cooperative \u003ca href=\"http://ww2.kqed.org/news/tag/northstone-organics/\">Northstone Organics\u003c/a>. This surprised many medical marijuana supporters, in part because Matt Cohen’s was considered to be a model business in the Mendocino County permitting program. Here are post-raid follow up interviews with Cohen, Supervisor McCowen and federal officials:\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/54382/mendocino-county-ends-medical-pot-permitting-program","authors":["245"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_2582","news_102","news_431","news_446","news_2248","news_1982","news_2250","news_2249"],"featImg":"news_54429","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. 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And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. 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