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Marijuana Prosecutions Rose By 60% In 2008, With Average Of 2 Cases Filed Each Day

Marijuana prosecutions in Mendocino County increased by 60 percent last year, further eroding the county's reputation as a haven for pot growers and swamping the criminal justice system.

"It's a challenge," said Mendocino County Assistant District Attorney Beth Norman. "We're filing an average of two cases a day every day."

The number of people being prosecuted for marijuana crimes increased from 460 in 2007 to 734 in 2008, according to figures provided by the Mendocino County Superior Court and District Attorney's Office.

Mendocino County Court Administrator Ben Stough said an increase was noticeable to judges, who asked for the figures. The case surge has not yet caused serious problems for court scheduling, but there's concern that the number of people being sent to jail could cause overcrowding, he said.

Marijuana advocates also have noticed the increase.

"Everyone has been saying things are rougher in Mendocino County," said Dale Gieringer, California coordinator of the National Organization for the Reform of Marijuana Laws.

The spike in prosecutions coincides with growing public animosity toward rampant pot cultivation in the county.

Voters in early 2008 approved a ballot initiative repealing Measure G, Mendocino County's landmark 2000 ballot initiative decriminalizing the growing up to 25 marijuana plants for personal use.

While Measure G did not have legal standing, its passage has been credited with pressuring local officials to ease marijuana enforcement and attracting pot growers from around the world to the county.

That, combined with the statewide legalization of medical marijuana in 1996, led to the proliferation of pot cultivation. Illicit pot production in the county has been estimated at well over $500 million a year.

Once-tolerant area residents increasingly began complaining about the stench of ripening marijuana buds and increased traffic from apparent pot sales. They also feared a rise in pot-related home invasion robberies.

Last week, Fort Bragg joined Ukiah, Willits and the county in placing restrictions on medical marijuana growing.

A shift in law enforcement leadership also affected prosecutions, said defense attorney Don Lipmanson.

He first noticed an increase in his marijuana cases in mid-2007, a few months after newly elected Sheriff Tom Allman and District Attorney Meredith Lintott were sworn into office.

"I was seeing this change of attitude and encouraging people to reduce their numbers pretty drastically if they wanted to avoid problems with the law," Lipmanson said.

Former District Attorney Norm Vroman and former Sheriff Tony Craver were more lenient than the current administration, he said.

Judges also are making things tougher for his clients, handing down stiffer sentences than before, he said.

Jail terms for some clients have increased by 30 to 60 days on comparable offenses, Lipmanson said.

Marijuana growers cultivating large numbers of pot plants are at least partly to blame for the backlash, Lipmanson said.

"The growers have been pushing the envelope awfully hard," he said.

Law officials, however, said they haven't changed their policies.

Allman said the enforcement focus remains on larger, commercial production. But he said there have been more arrests, spurred largely by public complaints.

Deputy District Attorney Katherine Houston said prosecutors also haven't changed the way they treat marijuana cases.

What has changed is public attitude, she said. "We've never had that support before."

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