[420 Girl]

When it finally came down, the rumored massive marijuana raid involving the Drug Enforcement Administration (DEA) taking out grow houses and shutting down medical cannabis dispensaries proved wildly off the mark – but not in scale. Rather, the 450-agent enforcement action was led by the FBI, focused on what authorities called “a large commercial marijuana cultivation and distribution organization” and left medical cannabis facilities untouched.

Fanning out from a high-tech command post at Fortuna’s Riverwood Lodge,
“Operation Southern Sweep” deployed local, state and federal law enforcement personnel who executed 29 search warrants – 27 federal and two state – in Humboldt and Mendocino Counties. According to an FBI press release, the warrants stemmed from a nearly two-year investigation into what FBI spokesman Joseph Schadler said was “a single organization who is growing this just or profit... it’s not a 215 issue.”

Officers from the FBI and numerous other law enforcement agencies raided grow houses and residences in Shelter Cove, Whitethorn, Redway, Ettersburg, Garberville, Miranda, Phillipsville, Arcata and McKinleyville. But the bulk of the action was in Southern Humboldt and Northern Mendocino County, where agents secured and searched almost 2,000 acres.

The officers located reportedly around 10,000 marijuana plants with a street value estimated at between $25 and $60 million, and seized 30 firearms, including fully automatic weapons, one vehicle and more than $160,000 in cash.

No arrests were made or charges filed, but FBI agents arrested one man for alleged assault on a federal agent during the execution of the search warrants.
“It’s a large-scale, for-profit, commercial business. The targets of our investigation are reaping huge profits while contributing to the crime and violence oppressing communities across the state,” said FBI Special Agent in Charge Charlene B. Thornton.

According to a press release, “beginning in early 2006, members of the California Department of Justice Bureau of Narcotic Enforcement’s Redding regional office initiated an investigation into a California-based organization which had purchased a large parcel of mountainous land in the southern Humboldt and northern Mendocino County areas, and was suspected of growing large amounts of marijuana on the land and selling it for profit. Agents located numerous buildings and greenhouses on the properties. No building permits had been issued for any of the structures on the properties. A review of aerial photos showed construction and grading in the area had increased year to year.”
Online and on the air

As the federal sweep took place, agent activities were observed and reported in semi-coordinated fashion via online weblogs, newspaper websites and radio stations in an unprecedented fusion of new and traditional media.
Leading the coverage were radio stations KHUM 104.3 FM, KSLG 94.1 FM and KMUD 88.3 FM, and blogs operated by Editor Hank Sims of the North Coast Journal, the anonymously authored Humboldt Herald blog, southern Humboldt attorney Eric Kirk’s SoHum Parlance blog and Kym Kemp’s Redheaded Blackbelt blog.
Information was quickly exchanged and augmented between the radio and online sources amid a torrent of largely caustic opinion by mostly anonymous posters.

Many of the commenters expressed resentment at the federal action. Some faulted this newspaper for triggering mass raids and violation of civil liberties by “inviting” outside media attention to cover the Arcata grow house situation.
The Arcata connection

The sole Arcata search warrant was served at 1658 Virginia Way, where FBI agents and at least one postal inspector dismantled what appeared to be a modest grow operation. After an unknown number of plants were confiscated, lighting and other equipment was spread out on the home’s front lawn, inventoried and taken away.

According to public records, the home is one of a dozen owned in Arcata by Robert Elkins, a former professor of education at Humboldt State University, and Miu-Ling Elkins. Neither could be located for comment.
Planco processes pot problem

The Planning Commission last week continued its deliberations on an ambitious bundle of new regulations for cultivating and dispensing medical marijuana.
Proposed regulations govern individual grows by limiting grow space to 50 square feet, limiting lighting to 1,200 watts and prohibiting use of CO2, butane or other gases. Firewalls and odor control measures would be required. Collectives of up to five patients could grow residentially using up to 250 square feet, but the home would have to have at least one resident, plus a functional kitchen, bathroom and bedroom.

Dispensary regs include low-key signage, limits on hours to 8 a.m. to 5 p.m., limits of eight ounces of dried marijuana or six mature or 12 immature plants per patient or primary caregiver. Patients would have to be screened by “qualified medical staff,” and records would kept on amounts dispensed to patients. Cannabis could only be purchased from registered 215 patients, and would have to be tested for medical use. Off-site grows would have to be inspected and approved by the City building official. Dispensaries might also be capped at three or the existing four.

Arcata iCenter dispensary owner Steven Gasparas disclosed that his business offers 30 varieties of cannabis and services 2,000 patients. He called proposed new limits on dispensaries “invasive and discriminatory” but said a proposed cap on dispensaries would be acceptable “until there’s a need for more.”

Other speakers objected to requirements for background checks on dispensary applicants and exclusion of convicted felons.

Citizen Robin Hashem suggested that residential 215 grows be reduced to 25 square feet. She pointed out that Okland and Berkeley have capped their dispensaries at four and three, respectively, in order to reduce associated crime. She said all existing dispensaries should be required to conform to the new standards.

Eric Heimstadt of Humboldt Medical Supply urged against adoption of residency requirements. He animatedly railed against dispensation to students, which HMS doesn’t do, saying that it’s illegal under federal guidelines.
HSM attorney Greg Allen said dispensaries are indispensable for medical marijuana patients. He echoed another speaker who cautioned against the Planco “micromanaging” dispensaries, and called for market forces to determine the dispensaries’ clientele.

The commission took no action, and will next consider the package of pot regs at its July 8 meeting.
See you in court

Meanwhile, HMS was set to file a writ of mandamus and petition for damages against the City this week. The writ of mandamus would attempt to override the Planco’s ban on downtown agriculture and allow HMS to grow in 248 square feet at its Eighth Street location.

HMS contends that because it developed and constructed its growing facilities in cooperation with City authorities, it has a “vested permit” to grow marijuana on site.

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