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Blood\u003cbr>Associated Press","isLoading":false},"danbrekke":{"type":"authors","id":"222","meta":{"index":"authors_1591205172","id":"222","found":true},"name":"Dan Brekke","firstName":"Dan","lastName":"Brekke","slug":"danbrekke","email":"dbrekke@kqed.org","display_author_email":true,"staff_mastheads":["news","science"],"title":"KQED Editor and Reporter","bio":"Dan Brekke is a reporter and editor for KQED News, responsible for coverage of topics ranging from California water issues to the Bay Area's transportation challenges. In a newsroom career that began in Chicago in 1972, Dan has worked for \u003cem>The San Francisco Examiner,\u003c/em> Wired and TechTV and has been published in The New York Times, The New York Times Magazine, Business 2.0, Salon and elsewhere.\r\n\r\nSince joining KQED in 2007, Dan has reported, edited and produced both radio and online features and breaking news pieces. He has shared as both editor and reporter in four Society of Professional Journalists Norcal Excellence in Journalism awards and one Edward R. Murrow regional award. He was chosen for a spring 2017 residency at the Mesa Refuge to advance his research on California salmon.\r\n\r\nEmail Dan at: \u003ca href=\"mailto:dbrekke@kqed.org\">dbrekke@kqed.org\u003c/a>\r\n\r\n\u003cstrong>Twitter:\u003c/strong> \u003ca href=\"https://twitter.com/danbrekke\" rel=\"noopener noreferrer\">twitter.com/danbrekke\u003c/a>\r\n\u003cstrong>Facebook:\u003c/strong> \u003ca href=\"https://www.facebook.com/danbrekke\" rel=\"noopener noreferrer\">www.facebook.com/danbrekke\u003c/a>\r\n\u003cstrong>LinkedIn:\u003c/strong> \u003ca href=\"https://www.linkedin.com/in/danbrekke\" rel=\"noopener noreferrer\">www.linkedin.com/in/danbrekke\u003c/a>","avatar":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twitter":"danbrekke","facebook":null,"instagram":"https://www.instagram.com/dan.brekke/","linkedin":"https://www.linkedin.com/in/danbrekke/","sites":[{"site":"news","roles":["administrator","create_posts"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"quest","roles":["contributor"]},{"site":"food","roles":["contributor"]},{"site":"forum","roles":["contributor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Dan Brekke | KQED","description":"KQED Editor and Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/danbrekke"},"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1591205172","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"},"ewirtschafter":{"type":"authors","id":"11259","meta":{"index":"authors_1591205172","id":"11259","found":true},"name":"Eli Wirtschafter","firstName":"Eli","lastName":"Wirtschafter","slug":"ewirtschafter","email":"ewirtschafter@KQED.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Eli Wirtschafter is a freelance reporter and producer focusing on transportation, art, and activism. He previously interned with \u003cem>The California Report\u003c/em> and KQED Local News\u003cem>.\u003c/em> Eli is also KALW's transportation reporter, and a graduate of KALW's \u003ca href=\"http://kalw.org/post/enrollment-now-open-kalws-audio-academy#stream/0\" target=\"_blank\" rel=\"noopener noreferrer\">Audio Academy.\u003c/a> Eli's work has been heard on NPR, Here & Now, and BackStory. Find him on Twitter at \u003ca href=\"https://twitter.com/RadioEli\" target=\"_blank\" rel=\"noopener noreferrer\">@RadioEli\u003c/a>.","avatar":"https://secure.gravatar.com/avatar/97a5920503f1b1bc629dc0827b971f5d?s=600&d=blank&r=g","twitter":"RadioEli","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["author"]},{"site":"news","roles":["author"]},{"site":"science","roles":["author"]}],"headData":{"title":"Eli Wirtschafter | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/97a5920503f1b1bc629dc0827b971f5d?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/97a5920503f1b1bc629dc0827b971f5d?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/ewirtschafter"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11930373":{"type":"posts","id":"news_11930373","meta":{"index":"posts_1591205157","site":"news","id":"11930373","score":null,"sort":[1667430096000]},"guestAuthors":[],"slug":"oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms","title":"Oakland Environmental Group Sues City Over Rubber-Stamp Approvals of Indoor Pot Farms","publishDate":1667430096,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>An Oakland environmental justice group has filed suit against the city for allegedly issuing rubber-stamp approvals for indoor cannabis growing operations without conducting state-mandated reviews of their potential for polluting air and water and harming human health.\u003c/p>\n\u003cp>In \u003ca href=\"https://s3.documentcloud.org/documents/23257191/environmental-democracy-project-v-city-of-oakland-et-al.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a complaint\u003c/a> filed October 21 in Alameda County Superior Court, the Environmental Democracy Project charges the city with having exempted more than 200 indoor pot grows from the requirements of the California Environmental Quality Act, or CEQA, without any analysis of their effects.\u003c/p>\n\u003cp>The indoor growing operations are generally located in Oakland's \"Green Zone,\" which the city designated several years ago for industrial cannabis operations. In East Oakland, the zone is adjacent to communities of color that experience high rates of poverty and have long suffered from excessive levels of air pollution and other toxic exposures.[pullquote size=\"medium\" align=\"right\" citation=\"Tanya Boyce, executive director, Environmental Democracy Project\"]'What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community.'[/pullquote]\u003c/p>\n\u003cp>\"Approving hundreds of cannabis cultivation facilities without any environmental review is yet another example of the city’s practice of targeting East Oakland for projects that wealthier Oakland neighborhoods do not want,\" the suit says.\u003c/p>\n\u003cp>The complaint says the city has failed to carry out the state-mandated CEQA reviews despite the known environmental impacts of indoor cannabis cultivation. Those impacts include air pollution, the generation of hazardous waste, and the need for huge amounts of water and electricity.\u003c/p>\n\u003cp>The Oakland City Attorney's Office said it had no comment on the suit.\u003c/p>\n\u003cp>Tanya Boyce, executive director of the Environmental Democracy Project, said that in addition to violating state law, the granting of blanket environmental exemptions runs counter to \u003ca href=\"https://cao-94612.s3.amazonaws.com/documents/Oakland-ECAP-07-24.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Oakland's Equitable Climate Action Plan\u003c/a>, adopted in July 2020.[aside postID=\"news_11920767,news_11911263,news_11908979\" label=\"Related Posts\"]The plan outlines the health and other impacts suffered by what the city terms \"frontline communities\" — those that have borne the brunt of past policies and are likely to face the worst consequences of the climate crisis — and prescribes dozens of actions the city will take in response.\u003c/p>\n\u003cp>The plan \"does a great job of documenting the harms that have been done to communities of color in Oakland over the years,\" Boyce said. She points out that among the steps the city pledges to take in the future are changes in the planning and permitting process to help ensure that those harms don't continue.\u003c/p>\n\u003cp>\"What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community,\" Boyce said.\u003c/p>\n\u003cp>\"What we're doing is calling out the hypocrisy and asking that the city's actions actually line up with the beautiful plans that we make,\" she added.\u003c/p>\n\u003cp>The lawsuit comes weeks after the Environmental Democracy Project and residents of a historic live/work warehouse on San Leandro Street finally prevailed \u003ca href=\"https://www.kqed.org/news/11918216/environmental-groups-line-up-behind-residents-to-try-to-shut-down-diesel-generators-at-oakland-cannabis-facility\" target=\"_blank\" rel=\"noopener noreferrer\">in a long struggle\u003c/a> to force a property owner to remove a set of massive diesel generators that had been installed without permits to power cannabis growing operations. The Denver-based owner, called Green Sage, subsequently lost the property in a foreclosure sale, and cannabis operations have been shut down until PG&E and a new owner complete electrical upgrades.\u003c/p>\n\u003cp>The new EDP complaint outlines the city's protocol for granting environmental approvals to cannabis operators. The process requires prospective dispensaries, delivery services, cultivators and others to file simple CEQA checklists describing their proposed sites and the scale of their operations.\u003c/p>\n\u003cp>Among the questions the checklist asks is, \"Have you incorporated any measures into your project to mitigate or reduce potential environmental impacts?\"\u003c/p>\n\u003cp>Typical answers include operators saying they'll sign up for electricity from renewable sources — as the city requires — and promises to use efficient light fixtures. In return for pledges like that, the Environmental Democracy Project lawsuit says, the city grants a virtually automatic notice that indoor grows won't be using fossil fuels and are exempt from environmental review.\u003c/p>\n\u003cp>As further grounds for approval without review, the city indicates in its notices that indoor cultivation is \"categorically exempt\" when it involves \"existing facilities\" — even when a garage or other indoor facility is being converted into energy-intensive growing space. Projects are also exempt, the city notices say, when projects are in line with existing city zoning and ordinances.\u003c/p>\n\u003cp>The lawsuit claims that each of the city's grounds for exemption violates CEQA requirements. It notes that the law permits only minor alterations to a facility without triggering an environmental review and argues that \"the conversion of storage warehouses, factories, auto shops, and other existing structures into state-of-the-art 'grow rooms' ... are in fact wholly new uses — not minor modifications to an existing use.\"\u003c/p>\n\u003cp>The converted properties may require major renovations and the installation of specialized equipment including high-intensity lighting, carbon dioxide generation, ventilation, irrigation, climate control, diesel truck trips and generators \"requiring massive amounts of electricity, water, and alterations to the site.\"\u003c/p>\n\u003cp>The EDP complaint calls the city's requirement that indoor growers sign up for a renewable power supply \"meaningless greenwashing.\" That charge is based in part on studies that show that California lacks enough renewable electricity — power generally coming mostly from solar or wind farms — to run the indoor cannabis grows in the state.\u003c/p>\n\u003cp>The complaint cites the recent example of the San Leandro Street facility where the property owners and cannabis operators had installed as many as \u003ca href=\"https://www.kqed.org/news/11908979/a-denver-based-firm-is-using-huge-diesel-generators-to-grow-cannabis-in-east-oakland-now-the-city-is-trying-to-shut-them-down\" target=\"_blank\" rel=\"noopener noreferrer\">a dozen huge, unpermitted diesel generators\u003c/a> because existing conventional power supplies could deliver only a small fraction of the power needed for indoor pot cultivation.\u003c/p>\n\u003cp>One of the growers at that facility promised to use “high energy efficiency bulbs, low flow toilets and water systems, and a strict recycling program ... to mitigate our environmental impacts,\" the complaint says. But following city approval, the growers \"operated massive diesel-fired generators 24 hours a day for two years because the facility lacked power supply from the grid — yet another example of the city’s pattern and practice of violating CEQA at the expense of the overburdened communities of color in which these facilities are located.\"\u003c/p>\n\u003cp>The suit asks Alameda County Superior Court to block CEQA exemptions that were granted to two other East Oakland indoor growing facilities, one on Kevin Court near the Oakland Coliseum, the second on Hegenberger Place near the Brookfield Village neighborhood. The complaint also seeks a finding that the city is in violation of CEQA and to block it from approving any new indoor grows until it complies with the law. The first hearing in the case is set for November 21.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Environmental Democracy Project says the city is violating state law by granting virtually automatic approvals to cannabis growing operations with no environmental reviews.","status":"publish","parent":0,"modified":1667492096,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1165},"headData":{"title":"Oakland Environmental Group Sues City Over Rubber-Stamp Approvals of Indoor Pot Farms | KQED","description":"Environmental Democracy Project says the city is violating state law by granting virtually automatic approvals to cannabis growing operations with no environmental reviews.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11930373 https://ww2.kqed.org/news/?p=11930373","disqusUrl":"https://ww2.kqed.org/news/2022/11/02/oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms/","disqusTitle":"Oakland Environmental Group Sues City Over Rubber-Stamp Approvals of Indoor Pot Farms","excludeFromSiteSearch":"Include","path":"/news/11930373/oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>An Oakland environmental justice group has filed suit against the city for allegedly issuing rubber-stamp approvals for indoor cannabis growing operations without conducting state-mandated reviews of their potential for polluting air and water and harming human health.\u003c/p>\n\u003cp>In \u003ca href=\"https://s3.documentcloud.org/documents/23257191/environmental-democracy-project-v-city-of-oakland-et-al.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a complaint\u003c/a> filed October 21 in Alameda County Superior Court, the Environmental Democracy Project charges the city with having exempted more than 200 indoor pot grows from the requirements of the California Environmental Quality Act, or CEQA, without any analysis of their effects.\u003c/p>\n\u003cp>The indoor growing operations are generally located in Oakland's \"Green Zone,\" which the city designated several years ago for industrial cannabis operations. In East Oakland, the zone is adjacent to communities of color that experience high rates of poverty and have long suffered from excessive levels of air pollution and other toxic exposures.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Tanya Boyce, executive director, Environmental Democracy Project","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Approving hundreds of cannabis cultivation facilities without any environmental review is yet another example of the city’s practice of targeting East Oakland for projects that wealthier Oakland neighborhoods do not want,\" the suit says.\u003c/p>\n\u003cp>The complaint says the city has failed to carry out the state-mandated CEQA reviews despite the known environmental impacts of indoor cannabis cultivation. Those impacts include air pollution, the generation of hazardous waste, and the need for huge amounts of water and electricity.\u003c/p>\n\u003cp>The Oakland City Attorney's Office said it had no comment on the suit.\u003c/p>\n\u003cp>Tanya Boyce, executive director of the Environmental Democracy Project, said that in addition to violating state law, the granting of blanket environmental exemptions runs counter to \u003ca href=\"https://cao-94612.s3.amazonaws.com/documents/Oakland-ECAP-07-24.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Oakland's Equitable Climate Action Plan\u003c/a>, adopted in July 2020.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11920767,news_11911263,news_11908979","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The plan outlines the health and other impacts suffered by what the city terms \"frontline communities\" — those that have borne the brunt of past policies and are likely to face the worst consequences of the climate crisis — and prescribes dozens of actions the city will take in response.\u003c/p>\n\u003cp>The plan \"does a great job of documenting the harms that have been done to communities of color in Oakland over the years,\" Boyce said. She points out that among the steps the city pledges to take in the future are changes in the planning and permitting process to help ensure that those harms don't continue.\u003c/p>\n\u003cp>\"What we're saying is that the unregulated, un-CEQA-reviewed approvals of large-scale indoor cannabis grows is the total opposite of everything that they're saying, both on greenhouse gas reduction goals and for the health of the community,\" Boyce said.\u003c/p>\n\u003cp>\"What we're doing is calling out the hypocrisy and asking that the city's actions actually line up with the beautiful plans that we make,\" she added.\u003c/p>\n\u003cp>The lawsuit comes weeks after the Environmental Democracy Project and residents of a historic live/work warehouse on San Leandro Street finally prevailed \u003ca href=\"https://www.kqed.org/news/11918216/environmental-groups-line-up-behind-residents-to-try-to-shut-down-diesel-generators-at-oakland-cannabis-facility\" target=\"_blank\" rel=\"noopener noreferrer\">in a long struggle\u003c/a> to force a property owner to remove a set of massive diesel generators that had been installed without permits to power cannabis growing operations. The Denver-based owner, called Green Sage, subsequently lost the property in a foreclosure sale, and cannabis operations have been shut down until PG&E and a new owner complete electrical upgrades.\u003c/p>\n\u003cp>The new EDP complaint outlines the city's protocol for granting environmental approvals to cannabis operators. The process requires prospective dispensaries, delivery services, cultivators and others to file simple CEQA checklists describing their proposed sites and the scale of their operations.\u003c/p>\n\u003cp>Among the questions the checklist asks is, \"Have you incorporated any measures into your project to mitigate or reduce potential environmental impacts?\"\u003c/p>\n\u003cp>Typical answers include operators saying they'll sign up for electricity from renewable sources — as the city requires — and promises to use efficient light fixtures. In return for pledges like that, the Environmental Democracy Project lawsuit says, the city grants a virtually automatic notice that indoor grows won't be using fossil fuels and are exempt from environmental review.\u003c/p>\n\u003cp>As further grounds for approval without review, the city indicates in its notices that indoor cultivation is \"categorically exempt\" when it involves \"existing facilities\" — even when a garage or other indoor facility is being converted into energy-intensive growing space. Projects are also exempt, the city notices say, when projects are in line with existing city zoning and ordinances.\u003c/p>\n\u003cp>The lawsuit claims that each of the city's grounds for exemption violates CEQA requirements. It notes that the law permits only minor alterations to a facility without triggering an environmental review and argues that \"the conversion of storage warehouses, factories, auto shops, and other existing structures into state-of-the-art 'grow rooms' ... are in fact wholly new uses — not minor modifications to an existing use.\"\u003c/p>\n\u003cp>The converted properties may require major renovations and the installation of specialized equipment including high-intensity lighting, carbon dioxide generation, ventilation, irrigation, climate control, diesel truck trips and generators \"requiring massive amounts of electricity, water, and alterations to the site.\"\u003c/p>\n\u003cp>The EDP complaint calls the city's requirement that indoor growers sign up for a renewable power supply \"meaningless greenwashing.\" That charge is based in part on studies that show that California lacks enough renewable electricity — power generally coming mostly from solar or wind farms — to run the indoor cannabis grows in the state.\u003c/p>\n\u003cp>The complaint cites the recent example of the San Leandro Street facility where the property owners and cannabis operators had installed as many as \u003ca href=\"https://www.kqed.org/news/11908979/a-denver-based-firm-is-using-huge-diesel-generators-to-grow-cannabis-in-east-oakland-now-the-city-is-trying-to-shut-them-down\" target=\"_blank\" rel=\"noopener noreferrer\">a dozen huge, unpermitted diesel generators\u003c/a> because existing conventional power supplies could deliver only a small fraction of the power needed for indoor pot cultivation.\u003c/p>\n\u003cp>One of the growers at that facility promised to use “high energy efficiency bulbs, low flow toilets and water systems, and a strict recycling program ... to mitigate our environmental impacts,\" the complaint says. But following city approval, the growers \"operated massive diesel-fired generators 24 hours a day for two years because the facility lacked power supply from the grid — yet another example of the city’s pattern and practice of violating CEQA at the expense of the overburdened communities of color in which these facilities are located.\"\u003c/p>\n\u003cp>The suit asks Alameda County Superior Court to block CEQA exemptions that were granted to two other East Oakland indoor growing facilities, one on Kevin Court near the Oakland Coliseum, the second on Hegenberger Place near the Brookfield Village neighborhood. The complaint also seeks a finding that the city is in violation of CEQA and to block it from approving any new indoor grows until it complies with the law. The first hearing in the case is set for November 21.\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>\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11930373/oakland-environmental-group-sues-city-over-rubber-stamp-approvals-of-indoor-pot-farms","authors":["222"],"categories":["news_8"],"tags":["news_22096","news_4248","news_31940","news_27626","news_18"],"featImg":"news_11924596","label":"news"},"news_11719852":{"type":"posts","id":"news_11719852","meta":{"index":"posts_1591205157","site":"news","id":"11719852","score":null,"sort":[1548123909000]},"guestAuthors":[],"slug":"dispute-over-rules-riles-californias-legal-pot-market","title":"Dispute Over Rules Riles California's Legal Pot Market","publishDate":1548123909,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>California has finalized its rules governing the nation's largest legal marijuana market, a milestone coming more than a year after the state broadly legalized cannabis sales for adults.\u003c/p>\n\u003cp>But a dispute over home deliveries into communities that ban pot sales could end up in court. The hundreds of pages of dense regulations are unlikely to resolve other disputes, including how purity and potency tests are conducted for infused cookies and other products.\u003c/p>\n\u003cp>Even if imperfect, the rules were welcomed by many in the industry, who have been contending with shifting temporary regulations since California kicked off broad legal sales last year.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11715305/californias-year-of-legal-pot-a-mix-of-gains-growing-pains\">California's Year of Legal Pot a Mix of Gains, Growing Pains\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11715305/californias-year-of-legal-pot-a-mix-of-gains-growing-pains\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS21423_161007_greendoor_bhs07-qut-1180x774.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"Love it or hate it, California has regulations for commercial cannabis,\" said Hezekiah Allen, chair of cannabis growing cooperative Emerald Grown and former executive director of the California Growers Association, an industry group. \"There are no asterisks.\" \u003c/p>\n\u003cp>Meanwhile, the regulations that deal with the minutia of running a legal pot business do not address other broad challenges in the industry, from a lack of banking access for pot companies that will likely need to be resolved in Washington to what to do about a thriving illicit market that is undercutting legal sales.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Do these solve every problem that exists in the cannabis business regulatory regime? Absolutely not,\" said Assemblyman Rob Bonta, a Democrat from Oakland who said the rules nonetheless create a strong foundation for a market that has gotten off to a shaky start.\u003c/p>\n\u003cp>By far the biggest dispute focused on deliveries. The rules released last week will allow home marijuana deliveries statewide, even into communities that have banned commercial pot sales.\u003c/p>\n\u003cp>The regulation by the state Bureau of Cannabis Control was opposed by police chiefs and other critics who predict it will create an unruly market of largely hidden pot transactions, while undercutting control by cities and counties.\u003c/p>\n\u003cp>The League of California Cities said the rule conflicts with Proposition 64, the law approved by voters in 2016 that opened the way for broad legal sales, which says local governments have the authority to ban nonmedical pot businesses.\u003c/p>\n\u003cp>\"This decision puts the public safety needs of communities across the state at risk,\" league executive director Carolyn Coleman said in a statement.\u003c/p>\n\u003cp>Many cannabis companies and consumers had pushed for the change, since vast stretches of the state have communities that banned commercial pot activity or not set up rules to allow legal sales. That means residents in those areas were effectively cut off from legal marijuana purchases.\u003c/p>\n\u003cp>\"The public spoke loud and clear in favor of statewide delivery,\" cannabis bureau spokesman Alex Traverso said in a statement.\u003c/p>\n\u003cp>Bonta said he supports statewide deliveries for medical patients, regardless of local bans, but not recreational users. He suggested legislation may be needed to deal with the dispute.\u003c/p>\n\u003cp>Kenny Morrison, president of the California Cannabis Manufacturers Association, said California failed to examine the experience in other states, which in turn has created costly problems for California companies with labeling and testing.\u003c/p>\n\u003cp>Industry officials have complained that the state rules force growers and manufacturers to hit too tiny a target when gauging levels of THC, the psychoactive chemical that causes marijuana's high, in products.\u003c/p>\n\u003cp>Rules require the THC concentration come within 10 percent of what is advertised on a product label. Company executives say some products are being rejected after landing outside the margin by small amounts, and that hitting that required range is even more difficult with low-dose products.\u003c/p>\n\u003cp>Colorado allows a more sensible 15-percent range, Morrison said. He said the state also should be mirroring rules set by the federal government, which could eventually oversee the national pot market. Marijuana remains illegal at the federal level.\u003c/p>\n\u003cp>\"Nobody cares more about the quality of the product than the manufacturer,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Ruben Honig, executive director of Los Angeles-based United Cannabis Business Association, said the state's biggest challenges remain cutting hefty tax rates that can approach 50 percent in some communities and cracking down on widespread illegal sales.\u003c/p>\n\n","blocks":[],"excerpt":"A dispute in California over home deliveries of cannabis into communities that ban pot sales could end up in court.","status":"publish","parent":0,"modified":1548123920,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":676},"headData":{"title":"Dispute Over Rules Riles California's Legal Pot Market | KQED","description":"A dispute in California over home deliveries of cannabis into communities that ban pot sales could end up in court.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11719852 https://ww2.kqed.org/news/?p=11719852","disqusUrl":"https://ww2.kqed.org/news/2019/01/21/dispute-over-rules-riles-californias-legal-pot-market/","disqusTitle":"Dispute Over Rules Riles California's Legal Pot Market","source":"Associated Press","nprByline":"Michael R. Blood\u003cbr>Associated Press","path":"/news/11719852/dispute-over-rules-riles-californias-legal-pot-market","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California has finalized its rules governing the nation's largest legal marijuana market, a milestone coming more than a year after the state broadly legalized cannabis sales for adults.\u003c/p>\n\u003cp>But a dispute over home deliveries into communities that ban pot sales could end up in court. The hundreds of pages of dense regulations are unlikely to resolve other disputes, including how purity and potency tests are conducted for infused cookies and other products.\u003c/p>\n\u003cp>Even if imperfect, the rules were welcomed by many in the industry, who have been contending with shifting temporary regulations since California kicked off broad legal sales last year.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11715305/californias-year-of-legal-pot-a-mix-of-gains-growing-pains\">California's Year of Legal Pot a Mix of Gains, Growing Pains\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11715305/californias-year-of-legal-pot-a-mix-of-gains-growing-pains\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS21423_161007_greendoor_bhs07-qut-1180x774.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"Love it or hate it, California has regulations for commercial cannabis,\" said Hezekiah Allen, chair of cannabis growing cooperative Emerald Grown and former executive director of the California Growers Association, an industry group. \"There are no asterisks.\" \u003c/p>\n\u003cp>Meanwhile, the regulations that deal with the minutia of running a legal pot business do not address other broad challenges in the industry, from a lack of banking access for pot companies that will likely need to be resolved in Washington to what to do about a thriving illicit market that is undercutting legal sales.\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>\"Do these solve every problem that exists in the cannabis business regulatory regime? Absolutely not,\" said Assemblyman Rob Bonta, a Democrat from Oakland who said the rules nonetheless create a strong foundation for a market that has gotten off to a shaky start.\u003c/p>\n\u003cp>By far the biggest dispute focused on deliveries. The rules released last week will allow home marijuana deliveries statewide, even into communities that have banned commercial pot sales.\u003c/p>\n\u003cp>The regulation by the state Bureau of Cannabis Control was opposed by police chiefs and other critics who predict it will create an unruly market of largely hidden pot transactions, while undercutting control by cities and counties.\u003c/p>\n\u003cp>The League of California Cities said the rule conflicts with Proposition 64, the law approved by voters in 2016 that opened the way for broad legal sales, which says local governments have the authority to ban nonmedical pot businesses.\u003c/p>\n\u003cp>\"This decision puts the public safety needs of communities across the state at risk,\" league executive director Carolyn Coleman said in a statement.\u003c/p>\n\u003cp>Many cannabis companies and consumers had pushed for the change, since vast stretches of the state have communities that banned commercial pot activity or not set up rules to allow legal sales. That means residents in those areas were effectively cut off from legal marijuana purchases.\u003c/p>\n\u003cp>\"The public spoke loud and clear in favor of statewide delivery,\" cannabis bureau spokesman Alex Traverso said in a statement.\u003c/p>\n\u003cp>Bonta said he supports statewide deliveries for medical patients, regardless of local bans, but not recreational users. He suggested legislation may be needed to deal with the dispute.\u003c/p>\n\u003cp>Kenny Morrison, president of the California Cannabis Manufacturers Association, said California failed to examine the experience in other states, which in turn has created costly problems for California companies with labeling and testing.\u003c/p>\n\u003cp>Industry officials have complained that the state rules force growers and manufacturers to hit too tiny a target when gauging levels of THC, the psychoactive chemical that causes marijuana's high, in products.\u003c/p>\n\u003cp>Rules require the THC concentration come within 10 percent of what is advertised on a product label. Company executives say some products are being rejected after landing outside the margin by small amounts, and that hitting that required range is even more difficult with low-dose products.\u003c/p>\n\u003cp>Colorado allows a more sensible 15-percent range, Morrison said. He said the state also should be mirroring rules set by the federal government, which could eventually oversee the national pot market. Marijuana remains illegal at the federal level.\u003c/p>\n\u003cp>\"Nobody cares more about the quality of the product than the manufacturer,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Ruben Honig, executive director of Los Angeles-based United Cannabis Business Association, said the state's biggest challenges remain cutting hefty tax rates that can approach 50 percent in some communities and cracking down on widespread illegal sales.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11719852/dispute-over-rules-riles-californias-legal-pot-market","authors":["byline_news_11719852"],"programs":["news_72"],"categories":["news_8"],"tags":["news_19963","news_22096","news_21926","news_102","news_18584","news_431","news_22282","news_24859"],"featImg":"news_11719855","label":"source_news_11719852"},"news_11678122":{"type":"posts","id":"news_11678122","meta":{"index":"posts_1591205157","site":"news","id":"11678122","score":null,"sort":[1530536447000]},"guestAuthors":[],"slug":"documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police","title":"Records Missing for at Least 800 Pounds of Marijuana Seized by Rohnert Park Police","publishDate":1530536447,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>This post contains a correction.\u003c/em>\u003c/p>\n\u003cp>[dropcap]D[/dropcap]ocumentation for the destruction of about 800 pounds of marijuana seized by Rohnert Park Department of Public Safety officers in recent years is missing from court files, KQED has found, despite the officers writing in police reports that the court ordered the evidence destroyed.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">Nine drivers and several attorneys say Rohnert Park police officers have repeatedly conducted questionable traffic stops and illegally seized cash and marijuana.\u003c/p>\n\u003c/aside>\n\u003cp>Rohnert Park has released 40 police reports involving traffic stops by former police Sgt. Jacy Tatum and his partners Matthew Snodgrass and Joseph Huffaker in response to a public records request. KQED requested the reports after nine drivers came forward with accounts of \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">questionable stops\u003c/a> and seizures along Highway 101 involving Rohnert Park police officers. The city plans to release more incident reports on a rolling basis.\u003c/p>\n\u003cp>Jacy Tatum no longer works for the city of Rohnert Park, Assistant City Manager Don Schwartz said on June 22. Huffaker still works for the city.\u003c/p>\n\u003cp>The incident reports show that Tatum and his partners were responsible for seizing hundreds of pounds of marijuana during the traffic stops. The city awarded Tatum for this work in 2015. Police and court records indicate he was given a wide latitude to conduct drug and cash seizures with little oversight.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For example, on Halloween in 2016, Tatum and Huffaker made a standard stop, pulling over a man from Woodland Hills for not having his headlights on in the rain. Huffaker wrote in the report that he smelled marijuana and then searched the vehicle.\u003c/p>\n\u003cp>“Inside the trunk were four large black garbage bags. Each bag was filled with one pound bags of processed marijuana. There was also approximately 17 lbs of processed marijuana in one pound bags loose in the trunk,” Huffaker wrote in the report. Tatum and Huffaker seized a total of 100 pounds of marijuana in that stop.\u003c/p>\n\u003cp>A 10-pound sample was booked into evidence, Huffaker wrote, and he drafted a destruction order for the remaining 90 pounds.\u003c/p>\n\u003cp>[dropcap]D[/dropcap]estruction orders are supposed to be filed with Sonoma County Superior Court, according to Rohnert Park Property Unit Supervisor Christine Giordano. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11479.&lawCode=HSC\" target=\"_blank\" rel=\"noopener\">State law\u003c/a> requires that law enforcement file an affidavit with the court within 30 days of destruction.\u003c/p>\n\u003cp>But a review of all destruction orders filed with the court from 2014 to 2018 found no destruction orders or affidavits that match the amount, the case number or the driver in the 2016 Halloween traffic stop. Destruction orders were missing in at least six other cases.\u003c/p>\n\u003cfigure id=\"attachment_11678169\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11678169\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 near Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Schwartz, the assistant city manager, wouldn’t clarify the destruction procedures of the Rohnert Park Department of Public Safety or explain what happened to the approximately 800 pounds of seized cannabis that was purportedly destroyed but not documented.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>'Use every tool you have, we don’t play fair….We play to win!!'\u003c/strong>\u003c/span>\u003ccite>Jacy Tatum,\u003cbr>\nFormer Rohnert Park Department of Public Safety sergeant\u003c/cite>\u003c/aside>\n\u003cp>Schwartz said he couldn’t comment on the missing destruction orders because they could relate to an ongoing internal investigation into Tatum and Huffaker, which the city launched around April of this year.\u003c/p>\n\u003cp>Justin Buffington, an attorney who represents Tatum and Huffaker, did not respond to multiple requests for comment on this story.\u003c/p>\n\u003cp>Attorney Joe Russoniello, who used to be an FBI agent and U.S. attorney for the Northern District of California, said it is the responsibility of the police department’s hierarchy to make sure that there is legitimate oversight.\u003c/p>\n\u003cp>“There is a code of silence, of course, which is an impediment to this kind of responsibility and responsiveness,” Russoniello said. “And of course the regular troops on the ground are only as good as their leaders are.”\u003c/p>\n\u003cp>[dropcap]T[/dropcap]atum has a history of tension with Rohnert Park Department of Public Safety Chief Brian Masterson, court records show. He successfully fought attempted discipline in 2009 for failing to register an assault rifle with the state Department of Justice.\u003c/p>\n\u003cp>Tatum then sued the chief alleging racial discrimination in 2012. Tatum is African-American.\u003c/p>\n\u003cfigure id=\"attachment_11678171\" class=\"wp-caption alignright\" style=\"max-width: 473px\">\u003cimg class=\"size-full wp-image-11678171\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/tatum-screenshot.jpg\" alt=\"Screenshot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\" width=\"473\" height=\"342\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot.jpg 473w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot-375x271.jpg 375w\" sizes=\"(max-width: 473px) 100vw, 473px\">\u003cfigcaption class=\"wp-caption-text\">Screen shot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit alleged Tatum was unfairly passed over to become a training officer. It cites responses from supervisors who questioned his judgment and “willingness to set the best example” after Tatum sent an \u003ca href=\"https://www.documentcloud.org/documents/4486451-TatumSuitCombined.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> to the entire Department of Public Safety and City Council with some thoughts on police tactics.\u003c/p>\n\u003cp>“Use every tool you have, we don’t play fair….We play to win!!” the email says in part. “When I became a police officer I promised to be honest and protect not only the public, who hates us most of the time until they need us, but to protect the other officers out there protecting society.”\u003c/p>\n\u003cp>Tatum was promoted to sergeant in 2015.\u003c/p>\n\u003cp>In some cases, Rohnert Park Public Safety officers did file destruction orders with the court. But those, too, raise questions about internal oversight of Tatum and the department’s drug interdiction work.\u003c/p>\n\u003cp>The department gave Tatum the responsibility for seizing and destroying large amounts of marijuana. In 2016 and 2017, about 720 pounds of marijuana was released to Tatum for disposal, according to destruction orders filed with the court.\u003c/p>\n\u003cp>\u003cimg class=\"alignnone size-medium wp-image-11678130\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Doc-3-800x190.jpg\" alt=\"\" width=\"800\" height=\"190\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-800x190.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-160x38.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1020x242.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1200x285.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1920x456.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1180x280.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-960x228.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-240x57.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-375x89.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-520x123.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>[dropcap]T[/dropcap]atum and Huffaker are currently under investigation by Rohnert Park for their involvement in a suspicious marijuana seizure on Dec. 5, 2017. But the city had \u003ca href=\"https://www.documentcloud.org/documents/4521930-Letter-2to-RhonertParkPD-amp-DA.html\" target=\"_blank\" rel=\"noopener\">notice\u003c/a> of at least one other questionable marijuana seizure by the two a year earlier.\u003c/p>\n\u003cp>The officers seized 47 pounds of medical cannabis from Huedell Freeman during a traffic stop on Dec. 29, 2016.\u003c/p>\n\u003cp>Freeman’s lawyer, Hannah Nelson, followed up with the department a few days later by phone and \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> asking that the cannabis, worth a year of income to Freeman, be returned to him as soon as possible.\u003c/p>\n\u003cp>“Officer Huffaker informed me [in a phone call] that he had all but 10 pounds of the medicine destroyed,” Nelson wrote in a follow-up email to the department on Jan. 5, 2017. “He also informed me that I would have to wait to receive discovery to obtain the details of his reasoning or justification. He additionally stated that I would have to subpoena the destruction order and department policies concerning confiscation and destruction of medical cannabis when I asked for both.”\u003c/p>\n\u003cp>Destruction of Freeman’s cannabis was also counter to Rohnert Park Department of Public Safety \u003ca href=\"https://www.documentcloud.org/documents/4567834-RELEASE-20170208-T094821-Rohnert-Park-Department.html\" target=\"_blank\" rel=\"noopener\">policy\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The Property Unit Supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order.\u003cbr>\n \u003cbr>\nUpon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property Unit Supervisor should, as soon as practicable, return to the person from whom it was seized any usable medical marijuana, plants, drug paraphernalia or other related property.\u003c/p>\u003c/blockquote>\n\u003cp>That protocol was not followed in Freeman's case. His marijuana was not returned. The court has no record of a destruction order. No charges were ever filed.\u003c/p>\n\u003cp>Freeman filed a \u003ca href=\"https://www.documentcloud.org/documents/4499505-TortClaimFiling.html\" rel=\"noopener\" target=\"_blank\">claim\u003c/a> with the city last year for the value of his seized property, but his claim was denied. Now, more than a year and a half after the traffic stop, Nelson said she still doesn’t know if Freeman’s cannabis was actually destroyed or not.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the North Coast Journal.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Officers wrote in police reports that they ordered seized marijuana destroyed, but court records ordering the destruction are missing.","status":"publish","parent":0,"modified":1542407666,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1329},"headData":{"title":"Records Missing for at Least 800 Pounds of Marijuana Seized by Rohnert Park Police | KQED","description":"Officers wrote in police reports that they ordered seized marijuana destroyed, but court records ordering the destruction are missing.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11678122 https://ww2.kqed.org/news/?p=11678122","disqusUrl":"https://ww2.kqed.org/news/2018/07/02/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police/","disqusTitle":"Records Missing for at Least 800 Pounds of Marijuana Seized by Rohnert Park Police","path":"/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This post contains a correction.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">D\u003c/span>\u003c/p>\u003cp>ocumentation for the destruction of about 800 pounds of marijuana seized by Rohnert Park Department of Public Safety officers in recent years is missing from court files, KQED has found, despite the officers writing in police reports that the court ordered the evidence destroyed.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">Nine drivers and several attorneys say Rohnert Park police officers have repeatedly conducted questionable traffic stops and illegally seized cash and marijuana.\u003c/p>\n\u003c/aside>\n\u003cp>Rohnert Park has released 40 police reports involving traffic stops by former police Sgt. Jacy Tatum and his partners Matthew Snodgrass and Joseph Huffaker in response to a public records request. KQED requested the reports after nine drivers came forward with accounts of \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">questionable stops\u003c/a> and seizures along Highway 101 involving Rohnert Park police officers. The city plans to release more incident reports on a rolling basis.\u003c/p>\n\u003cp>Jacy Tatum no longer works for the city of Rohnert Park, Assistant City Manager Don Schwartz said on June 22. Huffaker still works for the city.\u003c/p>\n\u003cp>The incident reports show that Tatum and his partners were responsible for seizing hundreds of pounds of marijuana during the traffic stops. The city awarded Tatum for this work in 2015. Police and court records indicate he was given a wide latitude to conduct drug and cash seizures with little oversight.\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>For example, on Halloween in 2016, Tatum and Huffaker made a standard stop, pulling over a man from Woodland Hills for not having his headlights on in the rain. Huffaker wrote in the report that he smelled marijuana and then searched the vehicle.\u003c/p>\n\u003cp>“Inside the trunk were four large black garbage bags. Each bag was filled with one pound bags of processed marijuana. There was also approximately 17 lbs of processed marijuana in one pound bags loose in the trunk,” Huffaker wrote in the report. Tatum and Huffaker seized a total of 100 pounds of marijuana in that stop.\u003c/p>\n\u003cp>A 10-pound sample was booked into evidence, Huffaker wrote, and he drafted a destruction order for the remaining 90 pounds.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">D\u003c/span>\u003c/p>\u003cp>estruction orders are supposed to be filed with Sonoma County Superior Court, according to Rohnert Park Property Unit Supervisor Christine Giordano. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11479.&lawCode=HSC\" target=\"_blank\" rel=\"noopener\">State law\u003c/a> requires that law enforcement file an affidavit with the court within 30 days of destruction.\u003c/p>\n\u003cp>But a review of all destruction orders filed with the court from 2014 to 2018 found no destruction orders or affidavits that match the amount, the case number or the driver in the 2016 Halloween traffic stop. Destruction orders were missing in at least six other cases.\u003c/p>\n\u003cfigure id=\"attachment_11678169\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11678169\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 near Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Schwartz, the assistant city manager, wouldn’t clarify the destruction procedures of the Rohnert Park Department of Public Safety or explain what happened to the approximately 800 pounds of seized cannabis that was purportedly destroyed but not documented.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>'Use every tool you have, we don’t play fair….We play to win!!'\u003c/strong>\u003c/span>\u003ccite>Jacy Tatum,\u003cbr>\nFormer Rohnert Park Department of Public Safety sergeant\u003c/cite>\u003c/aside>\n\u003cp>Schwartz said he couldn’t comment on the missing destruction orders because they could relate to an ongoing internal investigation into Tatum and Huffaker, which the city launched around April of this year.\u003c/p>\n\u003cp>Justin Buffington, an attorney who represents Tatum and Huffaker, did not respond to multiple requests for comment on this story.\u003c/p>\n\u003cp>Attorney Joe Russoniello, who used to be an FBI agent and U.S. attorney for the Northern District of California, said it is the responsibility of the police department’s hierarchy to make sure that there is legitimate oversight.\u003c/p>\n\u003cp>“There is a code of silence, of course, which is an impediment to this kind of responsibility and responsiveness,” Russoniello said. “And of course the regular troops on the ground are only as good as their leaders are.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">T\u003c/span>\u003c/p>\u003cp>atum has a history of tension with Rohnert Park Department of Public Safety Chief Brian Masterson, court records show. He successfully fought attempted discipline in 2009 for failing to register an assault rifle with the state Department of Justice.\u003c/p>\n\u003cp>Tatum then sued the chief alleging racial discrimination in 2012. Tatum is African-American.\u003c/p>\n\u003cfigure id=\"attachment_11678171\" class=\"wp-caption alignright\" style=\"max-width: 473px\">\u003cimg class=\"size-full wp-image-11678171\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/tatum-screenshot.jpg\" alt=\"Screenshot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\" width=\"473\" height=\"342\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot.jpg 473w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/tatum-screenshot-375x271.jpg 375w\" sizes=\"(max-width: 473px) 100vw, 473px\">\u003cfigcaption class=\"wp-caption-text\">Screen shot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit alleged Tatum was unfairly passed over to become a training officer. It cites responses from supervisors who questioned his judgment and “willingness to set the best example” after Tatum sent an \u003ca href=\"https://www.documentcloud.org/documents/4486451-TatumSuitCombined.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> to the entire Department of Public Safety and City Council with some thoughts on police tactics.\u003c/p>\n\u003cp>“Use every tool you have, we don’t play fair….We play to win!!” the email says in part. “When I became a police officer I promised to be honest and protect not only the public, who hates us most of the time until they need us, but to protect the other officers out there protecting society.”\u003c/p>\n\u003cp>Tatum was promoted to sergeant in 2015.\u003c/p>\n\u003cp>In some cases, Rohnert Park Public Safety officers did file destruction orders with the court. But those, too, raise questions about internal oversight of Tatum and the department’s drug interdiction work.\u003c/p>\n\u003cp>The department gave Tatum the responsibility for seizing and destroying large amounts of marijuana. In 2016 and 2017, about 720 pounds of marijuana was released to Tatum for disposal, according to destruction orders filed with the court.\u003c/p>\n\u003cp>\u003cimg class=\"alignnone size-medium wp-image-11678130\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Doc-3-800x190.jpg\" alt=\"\" width=\"800\" height=\"190\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-800x190.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-160x38.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1020x242.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1200x285.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1920x456.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-1180x280.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-960x228.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-240x57.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-375x89.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3-520x123.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Doc-3.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">T\u003c/span>\u003c/p>\u003cp>atum and Huffaker are currently under investigation by Rohnert Park for their involvement in a suspicious marijuana seizure on Dec. 5, 2017. But the city had \u003ca href=\"https://www.documentcloud.org/documents/4521930-Letter-2to-RhonertParkPD-amp-DA.html\" target=\"_blank\" rel=\"noopener\">notice\u003c/a> of at least one other questionable marijuana seizure by the two a year earlier.\u003c/p>\n\u003cp>The officers seized 47 pounds of medical cannabis from Huedell Freeman during a traffic stop on Dec. 29, 2016.\u003c/p>\n\u003cp>Freeman’s lawyer, Hannah Nelson, followed up with the department a few days later by phone and \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> asking that the cannabis, worth a year of income to Freeman, be returned to him as soon as possible.\u003c/p>\n\u003cp>“Officer Huffaker informed me [in a phone call] that he had all but 10 pounds of the medicine destroyed,” Nelson wrote in a follow-up email to the department on Jan. 5, 2017. “He also informed me that I would have to wait to receive discovery to obtain the details of his reasoning or justification. He additionally stated that I would have to subpoena the destruction order and department policies concerning confiscation and destruction of medical cannabis when I asked for both.”\u003c/p>\n\u003cp>Destruction of Freeman’s cannabis was also counter to Rohnert Park Department of Public Safety \u003ca href=\"https://www.documentcloud.org/documents/4567834-RELEASE-20170208-T094821-Rohnert-Park-Department.html\" target=\"_blank\" rel=\"noopener\">policy\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The Property Unit Supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order.\u003cbr>\n \u003cbr>\nUpon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property Unit Supervisor should, as soon as practicable, return to the person from whom it was seized any usable medical marijuana, plants, drug paraphernalia or other related property.\u003c/p>\u003c/blockquote>\n\u003cp>That protocol was not followed in Freeman's case. His marijuana was not returned. The court has no record of a destruction order. No charges were ever filed.\u003c/p>\n\u003cp>Freeman filed a \u003ca href=\"https://www.documentcloud.org/documents/4499505-TortClaimFiling.html\" rel=\"noopener\" target=\"_blank\">claim\u003c/a> with the city last year for the value of his seized property, but his claim was denied. Now, more than a year and a half after the traffic stop, Nelson said she still doesn’t know if Freeman’s cannabis was actually destroyed or not.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\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>\u003cem>This story was reported in collaboration with the North Coast Journal.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24519","news_22096","news_19542","news_102","news_5026","news_17041"],"featImg":"news_11678241","label":"news_72"},"news_11673412":{"type":"posts","id":"news_11673412","meta":{"index":"posts_1591205157","site":"news","id":"11673412","score":null,"sort":[1528549212000]},"guestAuthors":[],"slug":"highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash","title":"‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash","publishDate":1528549212,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>Updated July 3, 2018 at 11:30 a.m.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the \u003ca href=\"https://www.northcoastjournal.com/NewsBlog/archives/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">North Coast Journal\u003c/a> and independent reporter \u003ca href=\"http://kymkemp.com/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash/\" target=\"_blank\" rel=\"noopener\">Kym Kemp\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Huedell Freeman was heading south on Highway 101 through Cloverdale and was just over the Sonoma County line when he said a police squad car flipped a U-Turn across a 25-foot grass median and pulled up behind him with lights flashing.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>He grinned and smiled\u003c/strong> at me and did not respond. At that moment I knew I'd been had. I knew that this was not a normal traffic stop.'\u003c/span>\u003ccite>Huedell Freeman\u003c/cite>\u003c/aside>\n\u003cp>Freeman said he was carrying 47 pounds of marijuana in his rental car that day, Dec. 29, 2016, but said he wasn’t too worried about the weed because he had a \u003ca href=\"https://www.documentcloud.org/documents/4499521-FreemanPermitsMendocinco.html\" target=\"_blank\" rel=\"noopener\">permit to grow\u003c/a> medical cannabis in Mendocino County. He was driving it down to his client, a licensed dispensary called \u003ca href=\"https://www.thehigherpath.com/\" target=\"_blank\" rel=\"noopener\">The Higher Path\u003c/a> in Sherman Oaks, near Los Angeles. And, he said, he had the paperwork to prove it.\u003c/p>\n\u003cp>It struck Freeman as odd, though, that the two police officers pulling him over weren’t from Cloverdale. They were from Rohnert Park, some 40 miles south on 101. Freeman said he’d been obeying the traffic laws, and the cruise control on the car was set at the speed limit. He expected the traffic stop to end quickly.\u003c/p>\n\u003cp>He didn’t expect to lose a year’s worth of income.\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/07/CopsMjLewisRemix.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg\" Title=\"LISTEN: Highway Robbery\" program=\"The California Report\"]\u003c/p>\n\u003cp>As Rohnert Park Department of Public Safety Officer Joseph Huffaker approached the car, Freeman said he rolled down his window and asked why he’d been pulled over.\u003c/p>\n\u003cp>Freeman said Huffaker told him his vehicle had “touched the white line” on the side of the road.\u003c/p>\n\u003cp>“I had not, so I looked at him, and I said, ‘No I didn't,’ ” Freeman said. “And he grinned and smiled at me and did not respond. At that moment I knew I'd been had. I knew that this was not a normal traffic stop.”\u003c/p>\n\u003cp>Then Huffaker asked if he had any marijuana in his car, Freeman said.\u003c/p>\n\u003cfigure id=\"attachment_11673488\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673488\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg\" alt=\"A Rohnert Park police squad car.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A Rohnert Park police squad car. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yes, I do,” Freeman remembered saying. He also carried a large battered black leather briefcase filled with documentation -- what he calls his “compliance briefcase” -- and he said he provided the officer with a grower’s permit issued by the Mendocino County Sheriff's Office, contact information for The Higher Path dispensary with which he had an agreement to both grow and transport marijuana, and his compliance lawyer’s information.\u003c/p>\n\u003cp>Essentially, Freeman was trying to be as \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">legitimate\u003c/a> as he could be.\u003c/p>\n\u003cp>Freeman said that as he and Huffaker talked, another Rohnert Park officer, Sgt. Jacy Tatum, stood off to the side, barely speaking except to ask Freeman at one point about the strains of marijuana he was carrying.\u003c/p>\n\u003cp>The two officers would go on to seize that marijuana, and Freeman hasn’t seen it since.\u003c/p>\n\u003cp>Freeman’s account of his run-in with Rohnert Park police echoes those of eight other drivers who say a group of officers from the city conducted pretextual traffic stops -- those that enable authorities to detain suspects for investigation of other matters -- with the goal of unlawfully seizing marijuana and cash. Four people allowed us to share their stories publicly, while five others would tell us about their encounters only if we agreed not to name them, saying they feared police retaliation.\u003c/p>\n\u003cp>Their stories suggest a pattern of questionable and potentially illegal stops and seizures over the past three years by officers from a small city along a major marijuana transportation corridor.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>When I say highway robbery\u003c/strong>, I really mean it.'\u003c/span>\u003ccite>Izaak Schwaiger,\u003cbr>\nAttorney, former prosecutor\u003c/cite>\u003c/aside>\n\u003cp>The city of Rohnert Park said in a statement that its police officers “joined other law enforcement agencies in drug interdiction efforts” along Highway 101 seeking drugs including “methamphetamines, opioids, cocaine, ecstasy and marijuana.” But the city says it ceased “most interdiction efforts” related to marijuana in 2017.\u003c/p>\n\u003cp>There is a financial benefit to the city for this work. Through a legal process called asset forfeiture, both the Rohnert Park Department of Public Safety and the Sonoma County District Attorney’s Office get to keep a cut of seized cash suspected to be the proceeds of a crime.\u003c/p>\n\u003cp>A \u003ca href=\"https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/asset_forf/2016-af/2016-af.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> issued by the California Attorney General shows that from 2015 to 2016, the Rohnert Park Department of Public Safety received more than $1 million in seized cash. The Sonoma County District Attorney received $188,419 of the money from assets seized.\u003c/p>\n\u003cp>Tatum was responsible for much of that asset forfeiture windfall to his local department. In 2015, the mayor \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">publicly recognized\u003c/a> him for his drug prevention work. Tatum \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">thanked the City Council\u003c/a> for allowing him the opportunity to “fight the war on drugs.”\u003c/p>\n\u003cp>But Tatum has another reputation: A growing chorus of defense attorneys say he’s a rogue cop. He’s being sued for unlawfully taking a man’s cash, and he has a documented history of dishonesty on the witness stand.\u003c/p>\n\u003cp>“When I say highway robbery, I really mean it,” Sonoma County defense attorney Izaak Schwaiger said. “Officer Tatum has been involved in dozens of questionable traffic stops both above and below the Mendocino-Sonoma County line, where he has seized marijuana farmers’ product and/or their cash and given them no receipt and no criminal charges were ever brought.”\u003c/p>\n\u003cp>Now Tatum and his partner, Joseph Huffaker, are \u003ca href=\"http://kymkemp.com/2018/04/26/rohnert-park-police-officers-being-investigated-following-two-incidents-where-humboldt-county-cannabis-was-seized-under-suspicious-circumstances/\" target=\"_blank\" rel=\"noopener\">under investigation\u003c/a> by the city of Rohnert Park. They are both on leave, according to their attorney.\u003c/p>\n\u003cp>\u003cstrong>Allegations of a Cover-Up\u003c/strong>\u003c/p>\n\u003cp>Rohnert Park began an administrative investigation around April of this year after independent reporter Kym Kemp \u003ca href=\"http://kymkemp.com/2018/02/11/former-undercover-officer-involved-in-developing-cannabis-products-accuses-hopland-police-chief-of-theft-corruption-and-civil-rights-violations/\" target=\"_blank\" rel=\"noopener\">published\u003c/a> a \u003ca href=\"http://kymkemp.com/2018/02/11/outraged-one-mans-two-month-quest-from-the-fbi-to-the-atf-to-expose-what-he-says-are-corrupt-police-officers-in-mendocino-county/\" target=\"_blank\" rel=\"noopener\">series\u003c/a> of articles about another suspect traffic stop and marijuana seizure.\u003c/p>\n\u003cp>Texas resident Zeke \u003ca href=\"https://www.documentcloud.org/documents/4499590-Statement-Flatten.html\" target=\"_blank\" rel=\"noopener\">Flatten said\u003c/a> he was driving south on Highway 101 last December, when an unmarked black Ford Police Interceptor pulled him over just north of the Mendocino County line, about 50 miles north of Rohnert Park.\u003c/p>\n\u003cfigure id=\"attachment_11673497\" class=\"wp-caption alignright\" style=\"max-width: 410px\">\u003cimg class=\" wp-image-11673497\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg\" alt=\"Jacy Tatum is sworn in as a Rohnert Park police sergeant in July, 2015.\" width=\"410\" height=\"336\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-160x131.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-1020x835.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-1200x982.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-1180x966.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-960x786.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-240x196.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-375x307.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-520x425.jpg 520w\" sizes=\"(max-width: 410px) 100vw, 410px\">\u003cfigcaption class=\"wp-caption-text\">Jacy Tatum is sworn in as a Rohnert Park police sergeant in July 2015. \u003ccite>(City of Rohnert Park Police & Fire Facebook page)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Flatten, like Freeman, was also in a rental car and said he, too, was not speeding or violating any traffic laws. He pulled over and showed the officer his driver’s license and the rental agreement for his car.\u003c/p>\n\u003cp>The officers did not identify what agency they were with, Flatten said, and he noticed they were not wearing departmental police badges or identifying name tags.\u003c/p>\n\u003cp>“At that point I really felt something was wrong,” Flatten said.\u003c/p>\n\u003cp>Flatten said he had 3 pounds of marijuana in his car from a farm in Humboldt County and he was taking it to a laboratory in Santa Rosa for testing. He said he was working on developing a number of cannabis products he hoped to bring to market after California’s law allowing recreational use for adults kicked in.\u003c/p>\n\u003cp>Flatten also offered to show the officers his doctor’s prescription for medical cannabis, but he said they weren’t interested.\u003c/p>\n\u003cp>The officers said they were working for the ATF -- the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives -- according to Flatten. He said they took his marijuana and left him on the side of the road, all in just a few minutes. They did not issue him a citation or arrest him.\u003c/p>\n\u003cp>Flatten reported the Dec. 5 incident to the Mendocino County Sheriff’s Department, the Mendocino County district attorney, the Mendocino County grand jury and the FBI. Kemp spoke with an ATF spokesperson who said the agency wasn’t involved in Flatten’s traffic stop.\u003c/p>\n\u003cfigure id=\"attachment_11673519\" class=\"wp-caption alignleft\" style=\"max-width: 695px\">\u003cimg class=\"size-full wp-image-11673519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release.jpg\" alt=\"\" width=\"695\" height=\"503\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release.jpg 695w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-375x271.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-520x376.jpg 520w\" sizes=\"(max-width: 695px) 100vw, 695px\">\u003cfigcaption class=\"wp-caption-text\">From a Rohnert Park Department of Public Safety press release issued on Feb. 13, 2018.\u003c/figcaption>\u003c/figure>\n\u003cp>“Mr. Flatten did contact the FBI and the information he provided, we were not able to corroborate it as reported,” FBI spokesperson Prentice Danner said.\u003c/p>\n\u003cp>The Mendocino County Sheriff’s Department said it wasn’t their case and pointed to a \u003ca href=\"https://www.documentcloud.org/documents/4490352-180213-RPDPS-Traffic-Stop-Leads-to-Cannabis.html\" target=\"_blank\" rel=\"noopener\">press release\u003c/a> from Rohnert Park police written on Feb. 13, 2018, not long after Flatten’s stop. The statement, written by Tatum and Cmdr. Jeff Taylor, touted a large “black market” marijuana bust on Highway 101 during the month of December.\u003c/p>\n\u003cp>Rohnert Park produced an \u003ca href=\"http://kymkemp.com/wp-content/uploads/2018/04/17-5373-PUBLIC-REDACTION-3-26-18-W-EVIDENCE-SHEET.pdf\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> of the Dec. 5 stop of Flatten, also written by Tatum, that diverges in many places from Flatten’s account.\u003c/p>\n\u003cp>The redacted report doesn’t include any names. It describes a traffic stop involving a white Mercedes-Benz with no license plates. Yet Flatten said he drove a Kia rental car with California license plates. The report says that 30 pounds of marijuana and several hundred containers of hash were seized from the person driving the Mercedes. Flatten maintains he had 3 pounds of marijuana with him.\u003c/p>\n\u003cp>Records show that Officer Huffaker did book 30 pounds of \u003ca href=\"https://www.documentcloud.org/documents/4499600-FlattenIncidentReport.html\" target=\"_blank\" rel=\"noopener\">seized marijuana into evidence\u003c/a>, but not until Dec. 18, 2017, nearly two weeks later. The several hundred containers of hash are not mentioned in the evidence log.\u003c/p>\n\u003cp>Flatten doesn’t believe Tatum was among the two officers who stopped him, although he does think Rohnert Park Officer Huffaker was one of the officers who pulled him over.\u003c/p>\n\u003cfigure id=\"attachment_11673535\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673535\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png\" alt=\"\" width=\"800\" height=\"383\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-160x77.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-1020x488.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-1200x574.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-1180x564.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-960x459.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-240x115.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-375x179.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-520x249.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot.png 1219w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from the incident report written by Jacy Tatum\u003cbr>and referenced in response to Zeke Flatten's allegations.\u003c/figcaption>\u003c/figure>\n\u003cp>The report says a CHP officer and trainee assisted on Flatten’s stop. But a CHP spokesman wrote in an email, “There is no dispatch record of us assisting with this incident and no one recalls it.”\u003c/p>\n\u003cp>Flatten said he thinks Tatum crafted this report after the fact to cover up an illegal stop and seizure by police officers.\u003c/p>\n\u003cp>“I felt very strongly that I was robbed by legitimate police officers,” Flatten said.\u003c/p>\n\u003cp>Finally, the report said the case was referred to the Sonoma County district attorney for prosecution. The Sonoma County District Attorney’s Office has no record that Rohnert Park ever referred a case against Flatten. There are no charges against him.\u003c/p>\n\u003cp>The city of Rohnert Park would not respond to questions about this incident, but it is investigating. Attorney Justin Buffington, who is representing Tatum and Huffaker, confirmed the officers are on leave pending an administrative investigation related to Flatten. He stressed that the city’s probe is not a criminal investigation.\u003c/p>\n\u003cp>Tatum and Huffaker did not wish to comment for this story, according to Buffington.\u003c/p>\n\u003cp>\u003cstrong>Seizing Cash\u003c/strong>\u003c/p>\n\u003cp>This is not the first time Rohnert Park police officers have faced allegations of unlawful seizure. A gambler from Las Vegas named Lucas Serafine alleges in a \u003ca href=\"https://www.documentcloud.org/documents/4486452-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> against the City of Rohnert Park that Tatum and Rohnert Park police Officer Nick Miller unlawfully seized more than $120,000 from him on March 10, 2016.\u003c/p>\n\u003cp>Serafine was also in a rental car traveling on Highway 101 near Cloverdale with a friend when he said the two officers pulled him over for allegedly driving too fast in the rain.\u003c/p>\n\u003cp>Serafine said he was headed to a high-stakes poker game at the Bear River Casino in Humboldt County and that the large amount of cash in the car was cash from a lawsuit he settled with the California Department of Corrections, and a workers' compensation claim.\u003c/p>\n\u003cp>The officers suspected Serafine’s money was related to drug purchase or sales, according to \u003ca href=\"https://www.documentcloud.org/documents/4486453-Serafine1.html\" target=\"_blank\" rel=\"noopener\">court documents\u003c/a>, and seized it.\u003c/p>\n\u003cp>“He [Tatum] looks me in the eyes, pointing his finger pushing on my chest as he does it,\" Serafine remembered Tatum saying before he and Officer Miller drove away, “‘I took $1.2 million off the road this year. Nobody shows up for it and neither will you’.”\u003c/p>\n\u003cfigure id=\"attachment_11673821\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673821\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg\" alt=\"Highway 101 in Cloverdale.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 in Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A review of incident reports provided by Rohnert Park in response to a public records request back up the statement. KQED reviewed 23 incident reports on traffic stops involving Tatum. The city continues to provide more reports on a rolling basis.\u003c/p>\n\u003cp>Between late 2013 and the end of 2016, Tatum was involved in stops that resulted in the confiscation of well over $1 million in cash, according to the incident reports released so far.\u003c/p>\n\u003cp>The department saw a 182 percent increase in funds from asset forfeitures between 2015 and 2016. According to \u003ca href=\"https://oag.ca.gov/publications\" target=\"_blank\" rel=\"noopener\">data reported\u003c/a> to the California Attorney General’s Office, Rohnert Park police netted $756,062 in 2016, an increase of nearly half a million dollars from the year before.\u003c/p>\n\u003cp>In Serafine’s case, $121,920 was logged into evidence and turned over to the district attorney for asset forfeiture proceedings.\u003c/p>\n\u003cp>On June 28, 2016, Serafine's lawyer sent a \u003ca href=\"https://www.documentcloud.org/documents/4499502-Notice-to-Rohnert-Park-Regarding-Accounting.html\" target=\"_blank\" rel=\"noopener\">letter\u003c/a> to Rohnert Park contesting the amount of money seized, but Serafine says he did not get a response. Serafine said he actually had $132,000.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The district attorney brought a civil action to seize Serafine’s cash -- a process called asset forfeiture. Serafine provided the prosecutors with proof of income for most of the cash and eventually got $100,000 of his money returned to him.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Serafine’s asset forfeiture case or to say whether they investigated Serafine’s dispute about the amount of cash seized.\u003c/p>\n\u003cp>The city is \u003ca href=\"https://www.documentcloud.org/documents/4499961-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">fighting\u003c/a> Serafine’s lawsuit alleging police officers inappropriately confiscated his cash. A trial in that case is scheduled for November of this year.\u003c/p>\n\u003cp>Serafine has a criminal history, including a conviction in 2001 when he was 18, for unlawful sex with a minor. Serafine was forthcoming about his record.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>That is a very strong indication\u003c/strong>, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.'\u003c/span>\u003ccite>Justin Buffington,\u003cbr>\nAttorney for Sgt. Jacy Tatum and Officer Joseph Huffaker\u003c/cite>\u003c/aside>\n\u003cp>And Zeke Flatten admits he didn’t have a legal license to transport marijuana, but he said that still doesn’t give law enforcement the right to essentially steal from people.\u003c/p>\n\u003cp>“I knew that what these officers were doing was so much of abuse of power and so just wrong for police officers to be doing that,” Flatten said.\u003c/p>\n\u003cp>Tatum's attorney, Justin Buffington, said he is not under investigation for any additional matters.\u003c/p>\n\u003cp>“To my knowledge, none of the other matters [aside from the Flatten stop] that you referenced are, or have been, the subject of internal investigations undertaken by the department,” Buffington wrote in an email. “That is a very strong indication, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.”\u003c/p>\n\u003cp>\u003cstrong>An Unreliable Witness\u003c/strong>\u003c/p>\n\u003cp>At least a year before Flatten went public with his allegations against Rohnert Park police, Tatum was known by prosecutors to have written false information in police reports and to have testified dishonestly in court.\u003c/p>\n\u003cp>“He [Tatum] doesn't have a problem lying, and he does so with some regularity,” said Izaak Schwaiger a civil rights and defense attorney who has had run-ins with Tatum.\u003c/p>\n\u003cp>Schwaiger, who was a Sonoma County prosecutor from 2010 to 2012, said then-officer Tatum already had a reputation.\u003c/p>\n\u003cp>“His testimony was not of the highest quality,” Schwaiger said. “And sometimes gave rise to people disbelieving it, even on the side of law enforcement.”\u003c/p>\n\u003cp>Later, when Schwaiger became a defense attorney, the stories about Tatum mounted.\u003c/p>\n\u003cp>KQED has spoken to five defense attorneys in Sonoma County who say their clients alleged that Sgt. Tatum and often his partners stopped them on a flimsy pretext, fabricated police reports, and unlawfully seized cash and marijuana.\u003c/p>\n\u003cp>In 2016 Sgt. Tatum entered false information into an incident report. He and Huffaker pulled over a New Jersey man named Konstantine Charalidis, who the DA charged with having a concealed weapon. Charalidis’ attorney, Evan Zelig, provided KQED with Huffaker’s body-camera footage from the stop. It contradicts the police report written by Tatum.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/4499497-CharalidisPoliceReport.html\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> says that a knife taken off Charalidis was “completely concealed” by his clothing. Huffaker’s body-camera footage shows Charalidis immediately pointed out both knives, neither of which were concealed.\u003c/p>\n\u003cp>“There's a difference between incorrect police reports and police reports that are falsified,” Zelig said. “The one with Mr. Charalidis, this was not incorrect. It was just falsified. The facts in there were not true.”\u003c/p>\n\u003cp>In the body-camera footage, both Huffaker and Tatum ask repeatedly whether there is any cash in the car, which Charalidis and his friend deny. Then Tatum says on the body-camera video he found $10,000.\u003c/p>\n\u003cfigure id=\"attachment_11673820\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673820\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg\" alt=\"A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis' clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter.\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1020x577.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1200x679.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1180x668.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-960x543.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-240x136.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-375x212.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-520x294.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds.jpg 1214w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis' clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter. \u003ccite>(Courtesy of Evin Zelig)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zelig said the officers became angry at Charalidis because he wouldn’t admit that $10,000 was related to illegal activity, which would have allowed them to seize it.\u003c/p>\n\u003cp>“Give us fucking bullshit ass fucking answers, that’s what happens,” one of the officers says on the body-camera footage as Charalidis stands handcuffed. “We’re going to see a judge.”\u003c/p>\n\u003cp>The police report does not mention any money.\u003c/p>\n\u003cp>“It was absolutely an unlawful arrest,” said Zelig, “that they did solely because he would not give them the money.”\u003c/p>\n\u003cp>Prosecutors dismissed the charges against Charalidis because of the body-camera footage. Zelig says his client still had to pay attorneys fees, and deal with the hassle of a California court case while living in New Jersey.\u003c/p>\n\u003cp>In a separate 2016 case, Schwaiger suspected Tatum was lying about his justification for a traffic stop. He collected \u003ca href=\"https://www.documentcloud.org/documents/4486459-JurewiczCombined.html#document/p1/a425643\" target=\"_blank\" rel=\"noopener\">sworn statements\u003c/a> from three other defense attorneys who said Tatum was dishonest and detailed specific instances of him lying.\u003c/p>\n\u003cp>Tatum’s dishonest testimony in that case led him to be placed on a list of officers with credibility issues maintained by the Sonoma County District Attorney's Office, Schwaiger and other defense attorneys said. Tatum gave shifting explanations in an attempt to justify the traffic stop and was caught lying on the witness stand. A judge dismissed the case.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>If or when concerns are raised\u003c/strong> about police officer conduct, we take the concerns seriously.'\u003c/span>\u003ccite>Don Schwartz,\u003cbr>\nRohnert Park Assistant City Manager\u003c/cite>\u003c/aside>\n\u003cp>Being on what’s called “the Brady list” meant, after that case, prosecutors had a duty to disclose evidence of Tatum’s past dishonest testimony to defense attorneys, who can use it to attack his credibility if he’s called as a witness.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Tatum’s credibility as a witness, but no perjury charges have been filed against him.\u003c/p>\n\u003cp>Schwaiger and another defense attorney say they were both interviewed by an investigator for the DA’s office regarding Tatum, but prosecutors would not say what the nature or the outcome of this investigation was.\u003c/p>\n\u003cp>“People want to believe police officers because we don't want to live in a world where cops can't be trusted,” Schwaiger said. “That's a scary world. Those are the people that are here to protect us. They're the people here to keep us safe. And if they can't be trusted, who can be?”\u003c/p>\n\u003cp>\u003cstrong>Broken Trust\u003c/strong>\u003c/p>\n\u003cp>For years, unlawful seizures and asset forfeitures were often considered by people in the marijuana industry as the cost of doing business. But now, legalization is offering men like Huedell Freeman a path to legitimacy. He pays taxes and permit fees -- \u003cem>those\u003c/em> are the costs of doing business.\u003c/p>\n\u003cp>Freeman remembered the day in 2015 when a deputy from the Mendocino County Sheriff’s Office took his picture in front of his cannabis farm.\u003c/p>\n\u003cp>“‘You don’t know how weird this is for me’,” Freeman recalled saying to the deputy. “And he laughed and he said, ‘I think I do,’ he said. ‘We used to call this evidence. Now we call it verification’.”\u003c/p>\n\u003cp>It was scary to go legal, Freeman said, but it felt good, too: no more lying, no more hiding, no more risk of going to prison for doing what he loves. Now he grows more than a dozen varieties of cannabis that are tailored to specific medical ailments.\u003c/p>\n\u003cp>“I don't care about the 22-year-olds that want to get stoned and park on the couch,” he said. “I have nothing against that, but that's not why I do this.”\u003c/p>\n\u003cfigure id=\"attachment_11673823\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673823\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg\" alt=\"Huedell Freeman.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Huedell Freeman. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Freeman said he explained all this to Tatum and Huffaker. He had nothing to hide. He gave them the name and phone number of Colin Stewart, manager and partner at The Higher Path dispensary in Sherman Oaks. Huffaker spoke to Stewart and to Freeman’s attorney, Hannah Nelson, who both confirmed what Freeman said: His cannabis was for medicine, not the black market. He was legit.\u003c/p>\n\u003cp>But the officers came back and told Freeman that they were seizing his property because he did not have a license issued by the state to transport marijuana.\u003c/p>\n\u003cp>The state Bureau of Cannabis Control declined to comment for this story and refused repeated requests to explain licensing and regulations for transporting marijuana legally in California.\u003c/p>\n\u003cp>The officers wrote Freeman a \u003ca href=\"https://www.documentcloud.org/documents/4499612-Citation.html\" target=\"_blank\" rel=\"noopener\">citation\u003c/a> for possessing more than an ounce of marijuana, but they did not give him any documentation for the property they seized.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office initially said no case against Freeman was ever referred to them. However, on July 2, the district attorney's office provided an undated referral from Tatum requesting Freeman be charged with unlawfully possessing marijuana. Prosecutors did not file charges in the case.\u003c/p>\n\u003cp>Freeman said he called the Rohnert Park Department of Public Safety the next day. Sgt. Eric Matzen assured him that his cannabis was safe and that if the department determined its legality, he would get it back, Freeman said.\u003c/p>\n\u003cp>Freeman’s attorney \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">wrote\u003c/a> to the city and asked for it to return her client’s property. But the city of Rohnert Park never returned Freeman’s cannabis.\u003c/p>\n\u003cp>On June 27, 2017, he filed a claim against the city of Rohnert Park for the value of his cannabis. The city has rejected his claim.\u003c/p>\n\u003cp>Assistant City Manager Don Schwartz would not respond to a series of detailed questions about traffic stops by its officers.\u003c/p>\n\u003cp>\"Rohnert Park is committed to compliance with the law and the constitution and its mission to serve and protect the public,\" Schwartz wrote in an emailed response. \"If or when concerns are raised about police officer conduct, we take the concerns seriously and investigate as each situation may warrant. Once all of the facts are known, we take any and all appropriate measures.\"\u003c/p>\n\u003cp>The statement continued: “Rohnert Park participated in these [interdiction] efforts to reduce the flow of illegal drugs to Sonoma County, including the City of Rohnert Park,” Schwartz wrote. “Recreational marijuana was illegal until January 1, 2018.”\u003c/p>\n\u003cp>Freeman said he has still not recovered from the financial loss of his property. But he said even harder to recover is the faith he lost in a system that promised to protect him if he came out of the shadows.\u003c/p>\n\u003cp>“They broke my trust,” Freeman said.\u003c/p>\n\u003cp>\u003cstrong>Update, 12:05 p.m. Saturday, June 23:\u003c/strong> Jacy Tatum no longer works for the city of Rohnert Park, according to Assistant City Manager Don Schwartz. He said Officer Joseph Huffaker is still employed by the city. Schwartz said an investigation into the officers is ongoing.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Julie Small of KQED News and Kym Kemp contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Nine drivers and several attorneys say Rohnert Park police officers have repeatedly conducted questionable traffic stops and illegally seized cash and marijuana.","status":"publish","parent":0,"modified":1559506725,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":110,"wordCount":4118},"headData":{"title":"‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash | KQED","description":"Nine drivers and several attorneys say Rohnert Park police officers have repeatedly conducted questionable traffic stops and illegally seized cash and marijuana.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11673412 https://ww2.kqed.org/news/?p=11673412","disqusUrl":"https://ww2.kqed.org/news/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash/","disqusTitle":"‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash","path":"/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated July 3, 2018 at 11:30 a.m.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the \u003ca href=\"https://www.northcoastjournal.com/NewsBlog/archives/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">North Coast Journal\u003c/a> and independent reporter \u003ca href=\"http://kymkemp.com/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash/\" target=\"_blank\" rel=\"noopener\">Kym Kemp\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Huedell Freeman was heading south on Highway 101 through Cloverdale and was just over the Sonoma County line when he said a police squad car flipped a U-Turn across a 25-foot grass median and pulled up behind him with lights flashing.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>He grinned and smiled\u003c/strong> at me and did not respond. At that moment I knew I'd been had. I knew that this was not a normal traffic stop.'\u003c/span>\u003ccite>Huedell Freeman\u003c/cite>\u003c/aside>\n\u003cp>Freeman said he was carrying 47 pounds of marijuana in his rental car that day, Dec. 29, 2016, but said he wasn’t too worried about the weed because he had a \u003ca href=\"https://www.documentcloud.org/documents/4499521-FreemanPermitsMendocinco.html\" target=\"_blank\" rel=\"noopener\">permit to grow\u003c/a> medical cannabis in Mendocino County. He was driving it down to his client, a licensed dispensary called \u003ca href=\"https://www.thehigherpath.com/\" target=\"_blank\" rel=\"noopener\">The Higher Path\u003c/a> in Sherman Oaks, near Los Angeles. And, he said, he had the paperwork to prove it.\u003c/p>\n\u003cp>It struck Freeman as odd, though, that the two police officers pulling him over weren’t from Cloverdale. They were from Rohnert Park, some 40 miles south on 101. Freeman said he’d been obeying the traffic laws, and the cruise control on the car was set at the speed limit. He expected the traffic stop to end quickly.\u003c/p>\n\u003cp>He didn’t expect to lose a year’s worth of income.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/07/CopsMjLewisRemix.mp3","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg","title":"LISTEN: Highway Robbery","program":"The California Report","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As Rohnert Park Department of Public Safety Officer Joseph Huffaker approached the car, Freeman said he rolled down his window and asked why he’d been pulled over.\u003c/p>\n\u003cp>Freeman said Huffaker told him his vehicle had “touched the white line” on the side of the road.\u003c/p>\n\u003cp>“I had not, so I looked at him, and I said, ‘No I didn't,’ ” Freeman said. “And he grinned and smiled at me and did not respond. At that moment I knew I'd been had. I knew that this was not a normal traffic stop.”\u003c/p>\n\u003cp>Then Huffaker asked if he had any marijuana in his car, Freeman said.\u003c/p>\n\u003cfigure id=\"attachment_11673488\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673488\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg\" alt=\"A Rohnert Park police squad car.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A Rohnert Park police squad car. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yes, I do,” Freeman remembered saying. He also carried a large battered black leather briefcase filled with documentation -- what he calls his “compliance briefcase” -- and he said he provided the officer with a grower’s permit issued by the Mendocino County Sheriff's Office, contact information for The Higher Path dispensary with which he had an agreement to both grow and transport marijuana, and his compliance lawyer’s information.\u003c/p>\n\u003cp>Essentially, Freeman was trying to be as \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">legitimate\u003c/a> as he could be.\u003c/p>\n\u003cp>Freeman said that as he and Huffaker talked, another Rohnert Park officer, Sgt. Jacy Tatum, stood off to the side, barely speaking except to ask Freeman at one point about the strains of marijuana he was carrying.\u003c/p>\n\u003cp>The two officers would go on to seize that marijuana, and Freeman hasn’t seen it since.\u003c/p>\n\u003cp>Freeman’s account of his run-in with Rohnert Park police echoes those of eight other drivers who say a group of officers from the city conducted pretextual traffic stops -- those that enable authorities to detain suspects for investigation of other matters -- with the goal of unlawfully seizing marijuana and cash. Four people allowed us to share their stories publicly, while five others would tell us about their encounters only if we agreed not to name them, saying they feared police retaliation.\u003c/p>\n\u003cp>Their stories suggest a pattern of questionable and potentially illegal stops and seizures over the past three years by officers from a small city along a major marijuana transportation corridor.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>When I say highway robbery\u003c/strong>, I really mean it.'\u003c/span>\u003ccite>Izaak Schwaiger,\u003cbr>\nAttorney, former prosecutor\u003c/cite>\u003c/aside>\n\u003cp>The city of Rohnert Park said in a statement that its police officers “joined other law enforcement agencies in drug interdiction efforts” along Highway 101 seeking drugs including “methamphetamines, opioids, cocaine, ecstasy and marijuana.” But the city says it ceased “most interdiction efforts” related to marijuana in 2017.\u003c/p>\n\u003cp>There is a financial benefit to the city for this work. Through a legal process called asset forfeiture, both the Rohnert Park Department of Public Safety and the Sonoma County District Attorney’s Office get to keep a cut of seized cash suspected to be the proceeds of a crime.\u003c/p>\n\u003cp>A \u003ca href=\"https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/asset_forf/2016-af/2016-af.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> issued by the California Attorney General shows that from 2015 to 2016, the Rohnert Park Department of Public Safety received more than $1 million in seized cash. The Sonoma County District Attorney received $188,419 of the money from assets seized.\u003c/p>\n\u003cp>Tatum was responsible for much of that asset forfeiture windfall to his local department. In 2015, the mayor \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">publicly recognized\u003c/a> him for his drug prevention work. Tatum \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">thanked the City Council\u003c/a> for allowing him the opportunity to “fight the war on drugs.”\u003c/p>\n\u003cp>But Tatum has another reputation: A growing chorus of defense attorneys say he’s a rogue cop. He’s being sued for unlawfully taking a man’s cash, and he has a documented history of dishonesty on the witness stand.\u003c/p>\n\u003cp>“When I say highway robbery, I really mean it,” Sonoma County defense attorney Izaak Schwaiger said. “Officer Tatum has been involved in dozens of questionable traffic stops both above and below the Mendocino-Sonoma County line, where he has seized marijuana farmers’ product and/or their cash and given them no receipt and no criminal charges were ever brought.”\u003c/p>\n\u003cp>Now Tatum and his partner, Joseph Huffaker, are \u003ca href=\"http://kymkemp.com/2018/04/26/rohnert-park-police-officers-being-investigated-following-two-incidents-where-humboldt-county-cannabis-was-seized-under-suspicious-circumstances/\" target=\"_blank\" rel=\"noopener\">under investigation\u003c/a> by the city of Rohnert Park. They are both on leave, according to their attorney.\u003c/p>\n\u003cp>\u003cstrong>Allegations of a Cover-Up\u003c/strong>\u003c/p>\n\u003cp>Rohnert Park began an administrative investigation around April of this year after independent reporter Kym Kemp \u003ca href=\"http://kymkemp.com/2018/02/11/former-undercover-officer-involved-in-developing-cannabis-products-accuses-hopland-police-chief-of-theft-corruption-and-civil-rights-violations/\" target=\"_blank\" rel=\"noopener\">published\u003c/a> a \u003ca href=\"http://kymkemp.com/2018/02/11/outraged-one-mans-two-month-quest-from-the-fbi-to-the-atf-to-expose-what-he-says-are-corrupt-police-officers-in-mendocino-county/\" target=\"_blank\" rel=\"noopener\">series\u003c/a> of articles about another suspect traffic stop and marijuana seizure.\u003c/p>\n\u003cp>Texas resident Zeke \u003ca href=\"https://www.documentcloud.org/documents/4499590-Statement-Flatten.html\" target=\"_blank\" rel=\"noopener\">Flatten said\u003c/a> he was driving south on Highway 101 last December, when an unmarked black Ford Police Interceptor pulled him over just north of the Mendocino County line, about 50 miles north of Rohnert Park.\u003c/p>\n\u003cfigure id=\"attachment_11673497\" class=\"wp-caption alignright\" style=\"max-width: 410px\">\u003cimg class=\" wp-image-11673497\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg\" alt=\"Jacy Tatum is sworn in as a Rohnert Park police sergeant in July, 2015.\" width=\"410\" height=\"336\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-160x131.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-1020x835.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-1200x982.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-1180x966.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-960x786.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-240x196.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-375x307.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31338_alt_743-520x425.jpg 520w\" sizes=\"(max-width: 410px) 100vw, 410px\">\u003cfigcaption class=\"wp-caption-text\">Jacy Tatum is sworn in as a Rohnert Park police sergeant in July 2015. \u003ccite>(City of Rohnert Park Police & Fire Facebook page)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Flatten, like Freeman, was also in a rental car and said he, too, was not speeding or violating any traffic laws. He pulled over and showed the officer his driver’s license and the rental agreement for his car.\u003c/p>\n\u003cp>The officers did not identify what agency they were with, Flatten said, and he noticed they were not wearing departmental police badges or identifying name tags.\u003c/p>\n\u003cp>“At that point I really felt something was wrong,” Flatten said.\u003c/p>\n\u003cp>Flatten said he had 3 pounds of marijuana in his car from a farm in Humboldt County and he was taking it to a laboratory in Santa Rosa for testing. He said he was working on developing a number of cannabis products he hoped to bring to market after California’s law allowing recreational use for adults kicked in.\u003c/p>\n\u003cp>Flatten also offered to show the officers his doctor’s prescription for medical cannabis, but he said they weren’t interested.\u003c/p>\n\u003cp>The officers said they were working for the ATF -- the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives -- according to Flatten. He said they took his marijuana and left him on the side of the road, all in just a few minutes. They did not issue him a citation or arrest him.\u003c/p>\n\u003cp>Flatten reported the Dec. 5 incident to the Mendocino County Sheriff’s Department, the Mendocino County district attorney, the Mendocino County grand jury and the FBI. Kemp spoke with an ATF spokesperson who said the agency wasn’t involved in Flatten’s traffic stop.\u003c/p>\n\u003cfigure id=\"attachment_11673519\" class=\"wp-caption alignleft\" style=\"max-width: 695px\">\u003cimg class=\"size-full wp-image-11673519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release.jpg\" alt=\"\" width=\"695\" height=\"503\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release.jpg 695w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-375x271.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-Press-Release-520x376.jpg 520w\" sizes=\"(max-width: 695px) 100vw, 695px\">\u003cfigcaption class=\"wp-caption-text\">From a Rohnert Park Department of Public Safety press release issued on Feb. 13, 2018.\u003c/figcaption>\u003c/figure>\n\u003cp>“Mr. Flatten did contact the FBI and the information he provided, we were not able to corroborate it as reported,” FBI spokesperson Prentice Danner said.\u003c/p>\n\u003cp>The Mendocino County Sheriff’s Department said it wasn’t their case and pointed to a \u003ca href=\"https://www.documentcloud.org/documents/4490352-180213-RPDPS-Traffic-Stop-Leads-to-Cannabis.html\" target=\"_blank\" rel=\"noopener\">press release\u003c/a> from Rohnert Park police written on Feb. 13, 2018, not long after Flatten’s stop. The statement, written by Tatum and Cmdr. Jeff Taylor, touted a large “black market” marijuana bust on Highway 101 during the month of December.\u003c/p>\n\u003cp>Rohnert Park produced an \u003ca href=\"http://kymkemp.com/wp-content/uploads/2018/04/17-5373-PUBLIC-REDACTION-3-26-18-W-EVIDENCE-SHEET.pdf\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> of the Dec. 5 stop of Flatten, also written by Tatum, that diverges in many places from Flatten’s account.\u003c/p>\n\u003cp>The redacted report doesn’t include any names. It describes a traffic stop involving a white Mercedes-Benz with no license plates. Yet Flatten said he drove a Kia rental car with California license plates. The report says that 30 pounds of marijuana and several hundred containers of hash were seized from the person driving the Mercedes. Flatten maintains he had 3 pounds of marijuana with him.\u003c/p>\n\u003cp>Records show that Officer Huffaker did book 30 pounds of \u003ca href=\"https://www.documentcloud.org/documents/4499600-FlattenIncidentReport.html\" target=\"_blank\" rel=\"noopener\">seized marijuana into evidence\u003c/a>, but not until Dec. 18, 2017, nearly two weeks later. The several hundred containers of hash are not mentioned in the evidence log.\u003c/p>\n\u003cp>Flatten doesn’t believe Tatum was among the two officers who stopped him, although he does think Rohnert Park Officer Huffaker was one of the officers who pulled him over.\u003c/p>\n\u003cfigure id=\"attachment_11673535\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673535\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png\" alt=\"\" width=\"800\" height=\"383\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-160x77.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-1020x488.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-1200x574.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-1180x564.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-960x459.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-240x115.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-375x179.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot-520x249.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/Flatten-incident-report-shot.png 1219w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from the incident report written by Jacy Tatum\u003cbr>and referenced in response to Zeke Flatten's allegations.\u003c/figcaption>\u003c/figure>\n\u003cp>The report says a CHP officer and trainee assisted on Flatten’s stop. But a CHP spokesman wrote in an email, “There is no dispatch record of us assisting with this incident and no one recalls it.”\u003c/p>\n\u003cp>Flatten said he thinks Tatum crafted this report after the fact to cover up an illegal stop and seizure by police officers.\u003c/p>\n\u003cp>“I felt very strongly that I was robbed by legitimate police officers,” Flatten said.\u003c/p>\n\u003cp>Finally, the report said the case was referred to the Sonoma County district attorney for prosecution. The Sonoma County District Attorney’s Office has no record that Rohnert Park ever referred a case against Flatten. There are no charges against him.\u003c/p>\n\u003cp>The city of Rohnert Park would not respond to questions about this incident, but it is investigating. Attorney Justin Buffington, who is representing Tatum and Huffaker, confirmed the officers are on leave pending an administrative investigation related to Flatten. He stressed that the city’s probe is not a criminal investigation.\u003c/p>\n\u003cp>Tatum and Huffaker did not wish to comment for this story, according to Buffington.\u003c/p>\n\u003cp>\u003cstrong>Seizing Cash\u003c/strong>\u003c/p>\n\u003cp>This is not the first time Rohnert Park police officers have faced allegations of unlawful seizure. A gambler from Las Vegas named Lucas Serafine alleges in a \u003ca href=\"https://www.documentcloud.org/documents/4486452-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> against the City of Rohnert Park that Tatum and Rohnert Park police Officer Nick Miller unlawfully seized more than $120,000 from him on March 10, 2016.\u003c/p>\n\u003cp>Serafine was also in a rental car traveling on Highway 101 near Cloverdale with a friend when he said the two officers pulled him over for allegedly driving too fast in the rain.\u003c/p>\n\u003cp>Serafine said he was headed to a high-stakes poker game at the Bear River Casino in Humboldt County and that the large amount of cash in the car was cash from a lawsuit he settled with the California Department of Corrections, and a workers' compensation claim.\u003c/p>\n\u003cp>The officers suspected Serafine’s money was related to drug purchase or sales, according to \u003ca href=\"https://www.documentcloud.org/documents/4486453-Serafine1.html\" target=\"_blank\" rel=\"noopener\">court documents\u003c/a>, and seized it.\u003c/p>\n\u003cp>“He [Tatum] looks me in the eyes, pointing his finger pushing on my chest as he does it,\" Serafine remembered Tatum saying before he and Officer Miller drove away, “‘I took $1.2 million off the road this year. Nobody shows up for it and neither will you’.”\u003c/p>\n\u003cfigure id=\"attachment_11673821\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673821\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg\" alt=\"Highway 101 in Cloverdale.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 in Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A review of incident reports provided by Rohnert Park in response to a public records request back up the statement. KQED reviewed 23 incident reports on traffic stops involving Tatum. The city continues to provide more reports on a rolling basis.\u003c/p>\n\u003cp>Between late 2013 and the end of 2016, Tatum was involved in stops that resulted in the confiscation of well over $1 million in cash, according to the incident reports released so far.\u003c/p>\n\u003cp>The department saw a 182 percent increase in funds from asset forfeitures between 2015 and 2016. According to \u003ca href=\"https://oag.ca.gov/publications\" target=\"_blank\" rel=\"noopener\">data reported\u003c/a> to the California Attorney General’s Office, Rohnert Park police netted $756,062 in 2016, an increase of nearly half a million dollars from the year before.\u003c/p>\n\u003cp>In Serafine’s case, $121,920 was logged into evidence and turned over to the district attorney for asset forfeiture proceedings.\u003c/p>\n\u003cp>On June 28, 2016, Serafine's lawyer sent a \u003ca href=\"https://www.documentcloud.org/documents/4499502-Notice-to-Rohnert-Park-Regarding-Accounting.html\" target=\"_blank\" rel=\"noopener\">letter\u003c/a> to Rohnert Park contesting the amount of money seized, but Serafine says he did not get a response. Serafine said he actually had $132,000.\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>The district attorney brought a civil action to seize Serafine’s cash -- a process called asset forfeiture. Serafine provided the prosecutors with proof of income for most of the cash and eventually got $100,000 of his money returned to him.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Serafine’s asset forfeiture case or to say whether they investigated Serafine’s dispute about the amount of cash seized.\u003c/p>\n\u003cp>The city is \u003ca href=\"https://www.documentcloud.org/documents/4499961-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">fighting\u003c/a> Serafine’s lawsuit alleging police officers inappropriately confiscated his cash. A trial in that case is scheduled for November of this year.\u003c/p>\n\u003cp>Serafine has a criminal history, including a conviction in 2001 when he was 18, for unlawful sex with a minor. Serafine was forthcoming about his record.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>That is a very strong indication\u003c/strong>, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.'\u003c/span>\u003ccite>Justin Buffington,\u003cbr>\nAttorney for Sgt. Jacy Tatum and Officer Joseph Huffaker\u003c/cite>\u003c/aside>\n\u003cp>And Zeke Flatten admits he didn’t have a legal license to transport marijuana, but he said that still doesn’t give law enforcement the right to essentially steal from people.\u003c/p>\n\u003cp>“I knew that what these officers were doing was so much of abuse of power and so just wrong for police officers to be doing that,” Flatten said.\u003c/p>\n\u003cp>Tatum's attorney, Justin Buffington, said he is not under investigation for any additional matters.\u003c/p>\n\u003cp>“To my knowledge, none of the other matters \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"from the Flatten stop"},"numeric":["from","the","Flatten","stop"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> that you referenced are, or have been, the subject of internal investigations undertaken by the department,” Buffington wrote in an email. “That is a very strong indication, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.”\u003c/p>\n\u003cp>\u003cstrong>An Unreliable Witness\u003c/strong>\u003c/p>\n\u003cp>At least a year before Flatten went public with his allegations against Rohnert Park police, Tatum was known by prosecutors to have written false information in police reports and to have testified dishonestly in court.\u003c/p>\n\u003cp>“He [Tatum] doesn't have a problem lying, and he does so with some regularity,” said Izaak Schwaiger a civil rights and defense attorney who has had run-ins with Tatum.\u003c/p>\n\u003cp>Schwaiger, who was a Sonoma County prosecutor from 2010 to 2012, said then-officer Tatum already had a reputation.\u003c/p>\n\u003cp>“His testimony was not of the highest quality,” Schwaiger said. “And sometimes gave rise to people disbelieving it, even on the side of law enforcement.”\u003c/p>\n\u003cp>Later, when Schwaiger became a defense attorney, the stories about Tatum mounted.\u003c/p>\n\u003cp>KQED has spoken to five defense attorneys in Sonoma County who say their clients alleged that Sgt. Tatum and often his partners stopped them on a flimsy pretext, fabricated police reports, and unlawfully seized cash and marijuana.\u003c/p>\n\u003cp>In 2016 Sgt. Tatum entered false information into an incident report. He and Huffaker pulled over a New Jersey man named Konstantine Charalidis, who the DA charged with having a concealed weapon. Charalidis’ attorney, Evan Zelig, provided KQED with Huffaker’s body-camera footage from the stop. It contradicts the police report written by Tatum.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/4499497-CharalidisPoliceReport.html\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> says that a knife taken off Charalidis was “completely concealed” by his clothing. Huffaker’s body-camera footage shows Charalidis immediately pointed out both knives, neither of which were concealed.\u003c/p>\n\u003cp>“There's a difference between incorrect police reports and police reports that are falsified,” Zelig said. “The one with Mr. Charalidis, this was not incorrect. It was just falsified. The facts in there were not true.”\u003c/p>\n\u003cp>In the body-camera footage, both Huffaker and Tatum ask repeatedly whether there is any cash in the car, which Charalidis and his friend deny. Then Tatum says on the body-camera video he found $10,000.\u003c/p>\n\u003cfigure id=\"attachment_11673820\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673820\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg\" alt=\"A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis' clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter.\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1020x577.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1200x679.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1180x668.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-960x543.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-240x136.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-375x212.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-520x294.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds.jpg 1214w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis' clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter. \u003ccite>(Courtesy of Evin Zelig)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zelig said the officers became angry at Charalidis because he wouldn’t admit that $10,000 was related to illegal activity, which would have allowed them to seize it.\u003c/p>\n\u003cp>“Give us fucking bullshit ass fucking answers, that’s what happens,” one of the officers says on the body-camera footage as Charalidis stands handcuffed. “We’re going to see a judge.”\u003c/p>\n\u003cp>The police report does not mention any money.\u003c/p>\n\u003cp>“It was absolutely an unlawful arrest,” said Zelig, “that they did solely because he would not give them the money.”\u003c/p>\n\u003cp>Prosecutors dismissed the charges against Charalidis because of the body-camera footage. Zelig says his client still had to pay attorneys fees, and deal with the hassle of a California court case while living in New Jersey.\u003c/p>\n\u003cp>In a separate 2016 case, Schwaiger suspected Tatum was lying about his justification for a traffic stop. He collected \u003ca href=\"https://www.documentcloud.org/documents/4486459-JurewiczCombined.html#document/p1/a425643\" target=\"_blank\" rel=\"noopener\">sworn statements\u003c/a> from three other defense attorneys who said Tatum was dishonest and detailed specific instances of him lying.\u003c/p>\n\u003cp>Tatum’s dishonest testimony in that case led him to be placed on a list of officers with credibility issues maintained by the Sonoma County District Attorney's Office, Schwaiger and other defense attorneys said. Tatum gave shifting explanations in an attempt to justify the traffic stop and was caught lying on the witness stand. A judge dismissed the case.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'\u003cstrong>If or when concerns are raised\u003c/strong> about police officer conduct, we take the concerns seriously.'\u003c/span>\u003ccite>Don Schwartz,\u003cbr>\nRohnert Park Assistant City Manager\u003c/cite>\u003c/aside>\n\u003cp>Being on what’s called “the Brady list” meant, after that case, prosecutors had a duty to disclose evidence of Tatum’s past dishonest testimony to defense attorneys, who can use it to attack his credibility if he’s called as a witness.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Tatum’s credibility as a witness, but no perjury charges have been filed against him.\u003c/p>\n\u003cp>Schwaiger and another defense attorney say they were both interviewed by an investigator for the DA’s office regarding Tatum, but prosecutors would not say what the nature or the outcome of this investigation was.\u003c/p>\n\u003cp>“People want to believe police officers because we don't want to live in a world where cops can't be trusted,” Schwaiger said. “That's a scary world. Those are the people that are here to protect us. They're the people here to keep us safe. And if they can't be trusted, who can be?”\u003c/p>\n\u003cp>\u003cstrong>Broken Trust\u003c/strong>\u003c/p>\n\u003cp>For years, unlawful seizures and asset forfeitures were often considered by people in the marijuana industry as the cost of doing business. But now, legalization is offering men like Huedell Freeman a path to legitimacy. He pays taxes and permit fees -- \u003cem>those\u003c/em> are the costs of doing business.\u003c/p>\n\u003cp>Freeman remembered the day in 2015 when a deputy from the Mendocino County Sheriff’s Office took his picture in front of his cannabis farm.\u003c/p>\n\u003cp>“‘You don’t know how weird this is for me’,” Freeman recalled saying to the deputy. “And he laughed and he said, ‘I think I do,’ he said. ‘We used to call this evidence. Now we call it verification’.”\u003c/p>\n\u003cp>It was scary to go legal, Freeman said, but it felt good, too: no more lying, no more hiding, no more risk of going to prison for doing what he loves. Now he grows more than a dozen varieties of cannabis that are tailored to specific medical ailments.\u003c/p>\n\u003cp>“I don't care about the 22-year-olds that want to get stoned and park on the couch,” he said. “I have nothing against that, but that's not why I do this.”\u003c/p>\n\u003cfigure id=\"attachment_11673823\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673823\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg\" alt=\"Huedell Freeman.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Huedell Freeman. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Freeman said he explained all this to Tatum and Huffaker. He had nothing to hide. He gave them the name and phone number of Colin Stewart, manager and partner at The Higher Path dispensary in Sherman Oaks. Huffaker spoke to Stewart and to Freeman’s attorney, Hannah Nelson, who both confirmed what Freeman said: His cannabis was for medicine, not the black market. He was legit.\u003c/p>\n\u003cp>But the officers came back and told Freeman that they were seizing his property because he did not have a license issued by the state to transport marijuana.\u003c/p>\n\u003cp>The state Bureau of Cannabis Control declined to comment for this story and refused repeated requests to explain licensing and regulations for transporting marijuana legally in California.\u003c/p>\n\u003cp>The officers wrote Freeman a \u003ca href=\"https://www.documentcloud.org/documents/4499612-Citation.html\" target=\"_blank\" rel=\"noopener\">citation\u003c/a> for possessing more than an ounce of marijuana, but they did not give him any documentation for the property they seized.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office initially said no case against Freeman was ever referred to them. However, on July 2, the district attorney's office provided an undated referral from Tatum requesting Freeman be charged with unlawfully possessing marijuana. Prosecutors did not file charges in the case.\u003c/p>\n\u003cp>Freeman said he called the Rohnert Park Department of Public Safety the next day. Sgt. Eric Matzen assured him that his cannabis was safe and that if the department determined its legality, he would get it back, Freeman said.\u003c/p>\n\u003cp>Freeman’s attorney \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">wrote\u003c/a> to the city and asked for it to return her client’s property. But the city of Rohnert Park never returned Freeman’s cannabis.\u003c/p>\n\u003cp>On June 27, 2017, he filed a claim against the city of Rohnert Park for the value of his cannabis. The city has rejected his claim.\u003c/p>\n\u003cp>Assistant City Manager Don Schwartz would not respond to a series of detailed questions about traffic stops by its officers.\u003c/p>\n\u003cp>\"Rohnert Park is committed to compliance with the law and the constitution and its mission to serve and protect the public,\" Schwartz wrote in an emailed response. \"If or when concerns are raised about police officer conduct, we take the concerns seriously and investigate as each situation may warrant. Once all of the facts are known, we take any and all appropriate measures.\"\u003c/p>\n\u003cp>The statement continued: “Rohnert Park participated in these [interdiction] efforts to reduce the flow of illegal drugs to Sonoma County, including the City of Rohnert Park,” Schwartz wrote. “Recreational marijuana was illegal until January 1, 2018.”\u003c/p>\n\u003cp>Freeman said he has still not recovered from the financial loss of his property. But he said even harder to recover is the faith he lost in a system that promised to protect him if he came out of the shadows.\u003c/p>\n\u003cp>“They broke my trust,” Freeman said.\u003c/p>\n\u003cp>\u003cstrong>Update, 12:05 p.m. Saturday, June 23:\u003c/strong> Jacy Tatum no longer works for the city of Rohnert Park, according to Assistant City Manager Don Schwartz. He said Officer Joseph Huffaker is still employed by the city. Schwartz said an investigation into the officers is ongoing.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Julie Small of KQED News and Kym Kemp contributed to this report.\u003c/em>\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24519","news_22096","news_19542","news_102","news_5026","news_17041"],"featImg":"news_11673811","label":"news_72"},"news_11637989":{"type":"posts","id":"news_11637989","meta":{"index":"posts_1591205157","site":"news","id":"11637989","score":null,"sort":[1513845010000]},"guestAuthors":[],"slug":"how-much-marijuana-is-too-much-to-drive","title":"How Much Marijuana Is Too Much to Drive?","publishDate":1513845010,"format":"audio","headTitle":"How Much Marijuana Is Too Much to Drive? | KQED","labelTerm":{},"content":"\u003cp>\u003cem>Adults can now legally buy recreational cannabis in California, but there’s no standard for how much marijuana you can have in your system and get behind the wheel. The law simply says you can’t drive while impaired. So is it possible to test if someone is too high to drive?\u003c/em>\u003c/p>\n\u003cp>Meg Schwarzman used to bike through the intersection of Bancroft and Fulton in Berkeley almost every day. Then last February, she was in a crash that almost killed her.\u003c/p>\n\u003cp>She had an 11-month-old baby at home, and she was being an especially careful biker. She was wearing a dayglo green jacket and a new helmet over her curly hair.\u003c/p>\n\u003cp>[baycuriouspodcastinfo]\u003c/p>\n\u003cp>Schwarzman says she reached the intersection, when a driver “ran over me from behind, trapping me under the car, and dragging me 60 feet across the intersection.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The driver was a medical cannabis user. He told police he had smoked shortly before getting in the car.\u003c/p>\n\u003cp>“He actually was high enough he didn’t know he’d hit me,” says Schwarzman.\u003c/p>\n\u003cfigure id=\"attachment_11638140\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28662_imag3038-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638140\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28662_imag3038-qut-800x453.jpg\" alt=\"\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-1020x577.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-1180x667.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-960x543.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-240x136.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-375x212.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-520x294.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Meg Schwarzman stands at the Berkeley intersection where she was hit by a medical cannabis user, which now features more protections for bikers. \u003ccite>(Eli Wirtschafter/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Firefighters pulled her out from under the car just in time to save her life. She had 20 broken ribs, two collapsed lungs, a lacerated liver, and fractures in her pelvis and her skull.\u003c/p>\n\u003cp>“They’d called in the fatal accident investigation team,” she recounts. “They didn’t expect me to survive.”\u003c/p>\n\u003cp>Schwarzman recovered completely, apart from some serious scars. But she’s worried that as marijuana is legalized, there will be more stoned drivers on the road.\u003c/p>\n\u003cp>“We have some deterrence with alcohol in that we have breathalyzer tests and legal consequences,” says Schwarzman. “There are legal consequences for driving high also, but there aren’t good tests for it.”\u003c/p>\n\u003ch2>Why a Blood Test for Marijuana Isn’t so Simple\u003c/h2>\n\u003caside class=\"alignright\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-medium wp-image-11638148\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>Where will recreational marijuana be available on Jan. 1?\u003c/strong> Not all cities have decided to allow adult-use marijuana in their backyard, and even those that have may not have all the necessary licensing and permitting ready on Jan. 1. See where and when you’ll be able to buy in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Jan1\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>In California, the consequences for driving drunk and driving high are the same. But while there’s a clear blood limit for alcohol, there’s no such standard for marijuana.\u003c/p>\n\u003cp>“Marijuana is very different than alcohol,” says Jolene Forman, a lawyer with the Drug Policy Alliance. With alcohol, impairment links strongly with the amount you’ve had to drink, depending on your weight and gender.\u003c/p>\n\u003cp>When you drink a glass of wine, the alcohol shows up in your blood and your brain at the same time. As its effects wear off, alcohol disappears from your brain, and your blood, too.\u003c/p>\n\u003cp>“Marijuana works totally differently, where it can stay in your blood for days, and even weeks, after you’ve consumed it,” says Forman.\u003c/p>\n\u003cp>In addition, THC, the psychoactive chemical in marijuana, can affect people very differently. So measuring THC has not been proved to be a reliable measurement of someone’s driving ability.\u003c/p>\n\u003ch2>California’s Subjective DUI Laws\u003c/h2>\n\u003cp>On average, marijuana does impair driving skills for most people, especially 20 to 40 minutes after smoking. But measuring THC isn’t a good way to tell how much worse.\u003c/p>\n\u003cp>The lack of scientific evidence didn’t stop Washington and Colorado from setting a THC limit for drivers. But California went the other way. Here, there’s no numerical limit on THC.\u003c/p>\n\u003cp>Instead, the law says you can’t drive under the influence of any drug — period. It’s also illegal to consume cannabis while driving or riding in a vehicle.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638102\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-800x522.jpg\" alt=\"\" width=\"800\" height=\"522\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-800x522.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-160x104.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-1020x666.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-1180x770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-960x627.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-240x157.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-375x245.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-520x339.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>What changes for people with medical marijuana cards?\u003c/strong> Will these cards become obsolete now that legal marijuana sales aren’t just for medicinal use? Short answer: No. Learn more in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#MedicalCard\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>In California, a marijuana DUI conviction depends on things an officer observes, such as the smell of marijuana in the car, or a physical sobriety test like those given to drivers who may be drunk.\u003c/p>\n\u003cp>Some officers are trained to identify specific signs of marijuana use, like dilated pupils. Sgt. Jennifer Tate, a drug recognition expert with the Berkeley Police Department, says the physical tests have gotten better over the years.\u003c/p>\n\u003cp>“We don’t need a better test,” says Tate. “If people are impaired, we can tell.”\u003c/p>\n\u003cp>But Andrea Roth, a law professor at UC Berkeley, says those physical tests are relatively subjective, relying on the judgment of the officer. Because of that, she says there’s potential for racial bias in how they’re enforced. Cops already pull over black and Latino drivers at higher rates. Roth says an objective test could help prevent innocent drivers from getting DUIs.\u003c/p>\n\u003cp>“There’s less risk of racial bias at the point of determining if someone is intoxicated if there’s a machine measurable result,” says Roth.\u003c/p>\n\u003cp>As marijuana becomes legal, there’s growing demand for an objective test that really works.\u003c/p>\n\u003cp>“The holy grail will be to find … some scientifically robust way to determine level of intoxication,” says Roth.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28261_GettyImages-805212194-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11634659\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28261_GettyImages-805212194-qut-800x438.jpg\" width=\"800\" height=\"438\">\u003c/a>\u003cbr>\n\u003cstrong>Where will the taxes go?\u003c/strong> Money was a big incentive for the state to legalize recreational marijuana, with state analysts saying it could add up to $1 billion annually to state coffers. Find out where that money will go in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Taxes\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003ch2>An Oakland-Grown Marijuana Breathalyzer\u003c/h2>\n\u003cp>Several companies are chasing after that holy grail. One of them, called Hound Labs, is headquartered in downtown Oakland, right in the heart of the new cannabis economy.\u003c/p>\n\u003cp>Mike Lynn is a trained ER doctor turned entrepreneur. But his company, unlike some of its neighbors, doesn’t make cannabis chocolates or THC lollipops. Lynn is co-founder and CEO of Hound Labs, which makes a breathalyzer for marijuana.\u003c/p>\n\u003cp>Lynn says the breathalyzer actually measures both THC and alcohol. The two substances together have a stronger effect on drivers than either one alone.\u003cbr>\n[baycuriousbug]\u003cbr>\nThe device looks a bit like a black plastic tape dispenser, with a tube sticking out. If you blow through it at the right rate, it beeps.\u003c/p>\n\u003cp>Although THC lingers in blood for days or weeks, Lynn says THC disappears from breath after a few hours. Even in those hours right after smoking, THC in breath comes in tiny concentrations. It’s hard to detect, and there isn’t much research on it published yet. But Lynn says the Hound Labs device can measure it.\u003c/p>\n\u003cp>Lynn says “nobody really knows” why THC stays in breath only a few hours. But because of this short time span, users with THC in their breath “have used pot very, very recently and [are] much more likely to be impaired.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638103\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>Will companies still drug test for marijuana?\u003c/strong> You might think that with recreational marijuana now legal, it would be treated like alcohol or nicotine by employers. Not quite. Learn how legal weed could affect your job in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Jobs\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>So although the Hound Labs test doesn’t prove someone is truly impaired, Lynn says it could serve as evidence someone used cannabis recently.\u003c/p>\n\u003cp>Hound Labs hopes to sell the breathalyzer to police departments starting this year, including to some in the Bay Area and elsewhere in California. The company would not disclose which departments, citing confidentiality agreements. Lynn says his company is contacted by agencies from all over the world.\u003c/p>\n\u003cp>“Everybody’s dealing with the same issue,” he says.\u003c/p>\n\u003cp>A marijuana breathalyzer could mean big business.\u003c/p>\n\u003cp>Hound Labs says it has raised about $14 million, including $8.1 million from the elite Silicon Valley fund Benchmark.\u003c/p>\n\u003ch2>Yes, There’s an App For That\u003c/h2>\n\u003cp>Not everyone buys into the breathalyzer idea.\u003c/p>\n\u003cp>Dale Gieringer, director of California NORML, says a breath test “will be no more effective than the ineffectual blood tests and urine tests and oral swab tests that they’ve got now.”\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638108\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-520x390.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>Why does the law prohibit marijuana products with seafood?\u003c/strong> Cannabis-infused edibles might soon be legal, but you won’t be able to find weed in everything. Learn what foods can and can’t include cannabis in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Seafood\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Gieringer says the important thing in setting a DUI law is how risky someone’s behavior is. And marijuana, he says, just isn’t that big an increased risk — “less than the risk of having two other people in the car with you, not to mention the risk of being a driver under 25 or being a male driver.”\u003c/p>\n\u003cp>Exactly how marijuana stacks up against those other risks is disputed by different studies. But most research shows marijuana having only a small effect on driving.\u003c/p>\n\u003cp>Gieringer says for marijuana — or any drug — we need a way to measure if you’re really safe to drive, not just if there’s a chemical in your system.\u003c/p>\n\u003cp>Gieringer has an app in his pocket designed to do just that. It’s called “My Canary.” It asks him to remember a series of numbers, and then do a balancing test.\u003c/p>\n\u003cfigure id=\"attachment_11638139\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28664_imag3008-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638139\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28664_imag3008-qut-800x453.jpg\" alt=\"\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-1020x577.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-1180x667.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-960x543.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-240x136.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-375x212.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-520x294.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dale Gieringer, the head of California NORML, uses a sobriety-testing app called My Canary. \u003ccite>(Eli Wirtschafter/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Gieringer is on a statewide Highway Patrol task force that will suggest policies for drug DUIs. He says apps like this one could give a more fair assessment of whether someone is impaired, no matter what they’ve used. Apps could help people measure their own impairment before they get on the road.\u003c/p>\n\u003cp>Meg Schwarzman, who was hit by a stoned driver, says we need not just better testing, but also better public awareness.\u003c/p>\n\u003cp>She says there has been such a “cultural shift” because of our growing acceptance of the benefits of medical marijuana, that we now “may be losing sight of some of the places that we actually have to be really cautious about it.”\u003c/p>\n\u003cp>\u003cem>A version of this story originally aired on KALW’s “\u003ca href=\"http://kalw.org/post/no-uniform-test-marijuana-duis-legalization-nears#stream/0\" target=\"_blank\" rel=\"noopener\">Crosscurrents\u003c/a>.”\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[baycuriousquestion]\u003c/p>\n\n","blocks":[],"excerpt":"Measuring impairment from marijuana is more complicated than testing alcohol intoxication.","status":"publish","parent":0,"modified":1700597312,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":true,"hasPolis":false,"paragraphCount":54,"wordCount":1785},"headData":{"title":"How Much Marijuana Is Too Much to Drive? | KQED","description":"Measuring impairment from marijuana is more complicated than testing alcohol intoxication.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"Bay Curious","audioUrl":"https://www.kqed.org/.stream/anon/radio/bay-curious/2017/12/WeedShow.mp3","path":"/news/11637989/how-much-marijuana-is-too-much-to-drive","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Adults can now legally buy recreational cannabis in California, but there’s no standard for how much marijuana you can have in your system and get behind the wheel. The law simply says you can’t drive while impaired. So is it possible to test if someone is too high to drive?\u003c/em>\u003c/p>\n\u003cp>Meg Schwarzman used to bike through the intersection of Bancroft and Fulton in Berkeley almost every day. Then last February, she was in a crash that almost killed her.\u003c/p>\n\u003cp>She had an 11-month-old baby at home, and she was being an especially careful biker. She was wearing a dayglo green jacket and a new helmet over her curly hair.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003caside class=\"alignleft utils-parseShortcode-shortcodes-__bayCuriousPodcastShortcode__bayCurious\">\u003cimg src=https://cdn.kqed.org/wp-content/uploads/2023/02/bayCuriousLogo.png alt=\"Bay Curious Podcast\" />\n \u003ca href=\"/news/series/baycurious\">Bay Curious\u003c/a> is a podcast that answers your questions about the Bay Area.\n Subscribe on \u003ca href=\"https://itunes.apple.com/us/podcast/bay-curious/id1172473406\" target=\"_blank\" rel=\"noopener noreferrer\">Apple Podcasts\u003c/a>,\n \u003ca href=\"http://www.npr.org/podcasts/500557090/bay-curious\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast platform.\u003c/aside>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Schwarzman says she reached the intersection, when a driver “ran over me from behind, trapping me under the car, and dragging me 60 feet across the intersection.”\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>The driver was a medical cannabis user. He told police he had smoked shortly before getting in the car.\u003c/p>\n\u003cp>“He actually was high enough he didn’t know he’d hit me,” says Schwarzman.\u003c/p>\n\u003cfigure id=\"attachment_11638140\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28662_imag3038-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638140\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28662_imag3038-qut-800x453.jpg\" alt=\"\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-1020x577.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-1180x667.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-960x543.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-240x136.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-375x212.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28662_imag3038-qut-520x294.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Meg Schwarzman stands at the Berkeley intersection where she was hit by a medical cannabis user, which now features more protections for bikers. \u003ccite>(Eli Wirtschafter/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Firefighters pulled her out from under the car just in time to save her life. She had 20 broken ribs, two collapsed lungs, a lacerated liver, and fractures in her pelvis and her skull.\u003c/p>\n\u003cp>“They’d called in the fatal accident investigation team,” she recounts. “They didn’t expect me to survive.”\u003c/p>\n\u003cp>Schwarzman recovered completely, apart from some serious scars. But she’s worried that as marijuana is legalized, there will be more stoned drivers on the road.\u003c/p>\n\u003cp>“We have some deterrence with alcohol in that we have breathalyzer tests and legal consequences,” says Schwarzman. “There are legal consequences for driving high also, but there aren’t good tests for it.”\u003c/p>\n\u003ch2>Why a Blood Test for Marijuana Isn’t so Simple\u003c/h2>\n\u003caside class=\"alignright\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-medium wp-image-11638148\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28657_GettyImages-91997121-qut-1-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>Where will recreational marijuana be available on Jan. 1?\u003c/strong> Not all cities have decided to allow adult-use marijuana in their backyard, and even those that have may not have all the necessary licensing and permitting ready on Jan. 1. See where and when you’ll be able to buy in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Jan1\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>In California, the consequences for driving drunk and driving high are the same. But while there’s a clear blood limit for alcohol, there’s no such standard for marijuana.\u003c/p>\n\u003cp>“Marijuana is very different than alcohol,” says Jolene Forman, a lawyer with the Drug Policy Alliance. With alcohol, impairment links strongly with the amount you’ve had to drink, depending on your weight and gender.\u003c/p>\n\u003cp>When you drink a glass of wine, the alcohol shows up in your blood and your brain at the same time. As its effects wear off, alcohol disappears from your brain, and your blood, too.\u003c/p>\n\u003cp>“Marijuana works totally differently, where it can stay in your blood for days, and even weeks, after you’ve consumed it,” says Forman.\u003c/p>\n\u003cp>In addition, THC, the psychoactive chemical in marijuana, can affect people very differently. So measuring THC has not been proved to be a reliable measurement of someone’s driving ability.\u003c/p>\n\u003ch2>California’s Subjective DUI Laws\u003c/h2>\n\u003cp>On average, marijuana does impair driving skills for most people, especially 20 to 40 minutes after smoking. But measuring THC isn’t a good way to tell how much worse.\u003c/p>\n\u003cp>The lack of scientific evidence didn’t stop Washington and Colorado from setting a THC limit for drivers. But California went the other way. Here, there’s no numerical limit on THC.\u003c/p>\n\u003cp>Instead, the law says you can’t drive under the influence of any drug — period. It’s also illegal to consume cannabis while driving or riding in a vehicle.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638102\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-800x522.jpg\" alt=\"\" width=\"800\" height=\"522\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-800x522.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-160x104.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-1020x666.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-1180x770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-960x627.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-240x157.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-375x245.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28659_GettyImages-53228593-qut-520x339.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>What changes for people with medical marijuana cards?\u003c/strong> Will these cards become obsolete now that legal marijuana sales aren’t just for medicinal use? Short answer: No. Learn more in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#MedicalCard\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>In California, a marijuana DUI conviction depends on things an officer observes, such as the smell of marijuana in the car, or a physical sobriety test like those given to drivers who may be drunk.\u003c/p>\n\u003cp>Some officers are trained to identify specific signs of marijuana use, like dilated pupils. Sgt. Jennifer Tate, a drug recognition expert with the Berkeley Police Department, says the physical tests have gotten better over the years.\u003c/p>\n\u003cp>“We don’t need a better test,” says Tate. “If people are impaired, we can tell.”\u003c/p>\n\u003cp>But Andrea Roth, a law professor at UC Berkeley, says those physical tests are relatively subjective, relying on the judgment of the officer. Because of that, she says there’s potential for racial bias in how they’re enforced. Cops already pull over black and Latino drivers at higher rates. Roth says an objective test could help prevent innocent drivers from getting DUIs.\u003c/p>\n\u003cp>“There’s less risk of racial bias at the point of determining if someone is intoxicated if there’s a machine measurable result,” says Roth.\u003c/p>\n\u003cp>As marijuana becomes legal, there’s growing demand for an objective test that really works.\u003c/p>\n\u003cp>“The holy grail will be to find … some scientifically robust way to determine level of intoxication,” says Roth.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28261_GettyImages-805212194-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11634659\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28261_GettyImages-805212194-qut-800x438.jpg\" width=\"800\" height=\"438\">\u003c/a>\u003cbr>\n\u003cstrong>Where will the taxes go?\u003c/strong> Money was a big incentive for the state to legalize recreational marijuana, with state analysts saying it could add up to $1 billion annually to state coffers. Find out where that money will go in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Taxes\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003ch2>An Oakland-Grown Marijuana Breathalyzer\u003c/h2>\n\u003cp>Several companies are chasing after that holy grail. One of them, called Hound Labs, is headquartered in downtown Oakland, right in the heart of the new cannabis economy.\u003c/p>\n\u003cp>Mike Lynn is a trained ER doctor turned entrepreneur. But his company, unlike some of its neighbors, doesn’t make cannabis chocolates or THC lollipops. Lynn is co-founder and CEO of Hound Labs, which makes a breathalyzer for marijuana.\u003c/p>\n\u003cp>Lynn says the breathalyzer actually measures both THC and alcohol. The two substances together have a stronger effect on drivers than either one alone.\u003cbr>\n\u003c/p>\u003cp>\u003caside class=\"alignleft utils-parseShortcode-shortcodes-__bayCuriousPodcastShortcode__bayCurious\">\u003cimg src=https://cdn.kqed.org/wp-content/uploads/2023/02/bayCuriousLogo.png alt=\"Bay Curious Podcast\" />\n What do you wonder about the Bay Area, its culture or people that you want KQED to investigate?\n \u003ca href=\"/news/series/baycurious\">Ask Bay Curious.\u003c/a>\u003c/aside>\u003c/p>\u003cp>\u003cbr>\nThe device looks a bit like a black plastic tape dispenser, with a tube sticking out. If you blow through it at the right rate, it beeps.\u003c/p>\n\u003cp>Although THC lingers in blood for days or weeks, Lynn says THC disappears from breath after a few hours. Even in those hours right after smoking, THC in breath comes in tiny concentrations. It’s hard to detect, and there isn’t much research on it published yet. But Lynn says the Hound Labs device can measure it.\u003c/p>\n\u003cp>Lynn says “nobody really knows” why THC stays in breath only a few hours. But because of this short time span, users with THC in their breath “have used pot very, very recently and [are] much more likely to be impaired.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638103\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28656_GettyImages-91997107-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>Will companies still drug test for marijuana?\u003c/strong> You might think that with recreational marijuana now legal, it would be treated like alcohol or nicotine by employers. Not quite. Learn how legal weed could affect your job in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Jobs\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>So although the Hound Labs test doesn’t prove someone is truly impaired, Lynn says it could serve as evidence someone used cannabis recently.\u003c/p>\n\u003cp>Hound Labs hopes to sell the breathalyzer to police departments starting this year, including to some in the Bay Area and elsewhere in California. The company would not disclose which departments, citing confidentiality agreements. Lynn says his company is contacted by agencies from all over the world.\u003c/p>\n\u003cp>“Everybody’s dealing with the same issue,” he says.\u003c/p>\n\u003cp>A marijuana breathalyzer could mean big business.\u003c/p>\n\u003cp>Hound Labs says it has raised about $14 million, including $8.1 million from the elite Silicon Valley fund Benchmark.\u003c/p>\n\u003ch2>Yes, There’s an App For That\u003c/h2>\n\u003cp>Not everyone buys into the breathalyzer idea.\u003c/p>\n\u003cp>Dale Gieringer, director of California NORML, says a breath test “will be no more effective than the ineffectual blood tests and urine tests and oral swab tests that they’ve got now.”\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch3>More Answers About Legal Weed\u003c/h3>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638108\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut-520x390.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28660_271028312_7615dd2224_b-qut.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cbr>\n\u003cstrong>Why does the law prohibit marijuana products with seafood?\u003c/strong> Cannabis-infused edibles might soon be legal, but you won’t be able to find weed in everything. Learn what foods can and can’t include cannabis in our \u003ca href=\"https://ww2.kqed.org/news/2017/12/21/everything-you-want-to-know-about-legal-weed-in-california-2/#Seafood\" target=\"_blank\" rel=\"noopener\">special pot show.\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Gieringer says the important thing in setting a DUI law is how risky someone’s behavior is. And marijuana, he says, just isn’t that big an increased risk — “less than the risk of having two other people in the car with you, not to mention the risk of being a driver under 25 or being a male driver.”\u003c/p>\n\u003cp>Exactly how marijuana stacks up against those other risks is disputed by different studies. But most research shows marijuana having only a small effect on driving.\u003c/p>\n\u003cp>Gieringer says for marijuana — or any drug — we need a way to measure if you’re really safe to drive, not just if there’s a chemical in your system.\u003c/p>\n\u003cp>Gieringer has an app in his pocket designed to do just that. It’s called “My Canary.” It asks him to remember a series of numbers, and then do a balancing test.\u003c/p>\n\u003cfigure id=\"attachment_11638139\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28664_imag3008-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11638139\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28664_imag3008-qut-800x453.jpg\" alt=\"\" width=\"800\" height=\"453\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-800x453.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-160x91.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-1020x577.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-1180x667.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-960x543.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-240x136.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-375x212.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28664_imag3008-qut-520x294.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dale Gieringer, the head of California NORML, uses a sobriety-testing app called My Canary. \u003ccite>(Eli Wirtschafter/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Gieringer is on a statewide Highway Patrol task force that will suggest policies for drug DUIs. He says apps like this one could give a more fair assessment of whether someone is impaired, no matter what they’ve used. Apps could help people measure their own impairment before they get on the road.\u003c/p>\n\u003cp>Meg Schwarzman, who was hit by a stoned driver, says we need not just better testing, but also better public awareness.\u003c/p>\n\u003cp>She says there has been such a “cultural shift” because of our growing acceptance of the benefits of medical marijuana, that we now “may be losing sight of some of the places that we actually have to be really cautious about it.”\u003c/p>\n\u003cp>\u003cem>A version of this story originally aired on KALW’s “\u003ca href=\"http://kalw.org/post/no-uniform-test-marijuana-duis-legalization-nears#stream/0\" target=\"_blank\" rel=\"noopener\">Crosscurrents\u003c/a>.”\u003c/em>\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>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"baycuriousquestion","attributes":{"named":{"label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11637989/how-much-marijuana-is-too-much-to-drive","authors":["11259"],"programs":["news_6944","news_33523"],"series":["news_17986"],"categories":["news_8","news_33520"],"tags":["news_19963","news_22096","news_102","news_18584","news_20089"],"featImg":"news_11638141","label":"source_news_11637989"}},"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. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2023/08/possible-5gxfizEbKOJ-pbF5ASgxrs_.1400x1400.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2021/10/ATC_1400.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?","imageSrc":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/powerpress/1440_0018_AmericanSuburb_iTunesTile_01.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/powerpress/1440_0017_BayCurious_iTunesTile_01.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://ww2.kqed.org/app/uploads/2021/10/BBC_1400.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. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2021/12/CodeSwitchLifeKit_StationGraphics_300x300EmailGraphic.png","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.","airtime":"THU 10pm, FRI 1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2019/07/commonwealthclub.jpg","officialWebsiteLink":"https://www.commonwealthclub.org/podcasts","meta":{"site":"news","source":"Commonwealth Club of California"},"link":"/radio/program/commonwealth-club","subscribe":{"apple":"https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2","google":"https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw","tuneIn":"https://tunein.com/radio/Commonwealth-Club-of-California-p1060/"}},"considerthis":{"id":"considerthis","title":"Consider This","tagline":"Make sense of the day","info":"Make sense of the day. Every weekday afternoon, Consider This helps you consider the major stories of the day in less than 15 minutes, featuring the reporting and storytelling resources of NPR. Plus, KQED’s Bianca Taylor brings you the local KQED news you need to know.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2022/02/Consider-This_3000_V3-copy-scaled-1.jpg","imageAlt":"Consider This from NPR and KQED","officialWebsiteLink":"/podcasts/considerthis","meta":{"site":"news","source":"kqed","order":"7"},"link":"/podcasts/considerthis","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1503226625?mt=2&at=11l79Y&ct=nprdirectory","npr":"https://rpb3r.app.goo.gl/coronavirusdaily","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM1NS9wb2RjYXN0LnhtbA","spotify":"https://open.spotify.com/show/3Z6JdCS2d0eFEpXHKI6WqH"}},"forum":{"id":"forum","title":"Forum","tagline":"The conversation starts here","info":"KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.","airtime":"MON-FRI 9am-11am, 10pm-11pm","imageSrc":"https://ww2.kqed.org/app/uploads/2022/06/forum-logo-900x900tile-1.gif","imageAlt":"KQED Forum with Mina Kim and Alexis Madrigal","officialWebsiteLink":"/forum","meta":{"site":"news","source":"kqed","order":"8"},"link":"/forum","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/kqeds-forum/id73329719","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz","npr":"https://www.npr.org/podcasts/432307980/forum","stitcher":"https://www.stitcher.com/podcast/kqedfm-kqeds-forum-podcast","rss":"https://feeds.megaphone.fm/KQINC9557381633"}},"freakonomics-radio":{"id":"freakonomics-radio","title":"Freakonomics Radio","info":"Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. It is produced in partnership with WNYC.","imageSrc":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png","officialWebsiteLink":"http://freakonomics.com/","airtime":"SUN 1am-2am, SAT 3pm-4pm","meta":{"site":"radio","source":"WNYC"},"link":"/radio/program/freakonomics-radio","subscribe":{"npr":"https://rpb3r.app.goo.gl/4s8b","apple":"https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519","tuneIn":"https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/","rss":"https://feeds.feedburner.com/freakonomicsradio"}},"fresh-air":{"id":"fresh-air","title":"Fresh Air","info":"Hosted by Terry Gross, \u003cem>Fresh Air from WHYY\u003c/em> is the Peabody Award-winning weekday magazine of contemporary arts and issues. 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And you join us on the journey to find the answers.\r\n\u003cbr />\r\n\u003cspan class=\"alignleft\">\u003ca href=\"https://itunes.apple.com/us/podcast/id1172473406\">\u003cimg width=\"75px\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/11/DownloadOniTunes_100x100.png\">\u003c/a> \u003ca href=\"https://goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Ipi2mc5aqfen4nr2daayiziiyuy?t%3DBay_Curious\">\u003cimg width=\"75px\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/11/Google_Play_100x100.png\">\u003c/a>\u003c/span>\u003c/div>\r\n\u003c/aside> \r\n\u003ch2>What's your question?\u003c/h2>\r\n\u003cdiv id=\"huxq6\" class=\"curiosity-module\" data-pym-src=\"//modules.wearehearken.com/kqed/curiosity_modules/133\">\u003c/div>\r\n\u003cscript src=\"//assets.wearehearken.com/production/thirdparty/p.m.js\">\u003c/script>\r\n\u003ch2>Bay Curious monthly newsletter\u003c/h2>\r\nWe're launching it soon! \u003ca href=\"https://docs.google.com/forms/d/e/1FAIpQLSdEtzbyNbSQkRHCCAkKhoGiAl3Bd0zWxhk0ZseJ1KH_o_ZDjQ/viewform\" target=\"_blank\">Sign up\u003c/a> so you don't miss it when it drops.\r\n","featImg":"https://ww2.kqed.org/app/uploads/sites/10/2016/11/BayCuriousLogoFinal01-e1493662037229.png","headData":{"title":"Bay Curious Archives | KQED News","description":"A podcast exploring the Bay Area one question at a time KQED’s Bay Curious gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. 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