Mendocino County District Attorney Meredith Lintott endorses Measure B April 30, 2008

District Attorney Meredith Lintott endorses Measure B

Meredith Lintott issued the following statement April 30:

Today I am announcing my endorsement for Measure B. I do so because Measure B is consistent with the protection of the rights of legitimate medical marijuana patients and will provide consistency in the law which will greatly assist in the successful prosecution of commercial growers.

As a candidate for District Attorney I pledged to protect the rights of medical marijuana patients and caregivers. I also said I would prosecute those who abuse the protections given to medical marijuana as a cover for commercial growing.

As District Attorney, it is obvious to me that Measure G has become a barrier that greatly complicates the prosecution of solid cases, even where there is overwhelming evidence of commercial cultivation, possession, transportation and sales. The defense attorneys never fail to cite Measure G as a defense for those charged with violating the laws against commercial marijuana. This is true even for the largest growing operations.

Measure G was widely considered to be an advisory measure when it passed, but was later codified as part of the Mendocino County Code. More recently the Board adopted the 25 plant limit from Measure G as the standard for the County, although there is some question whether or not the action of the Board adequately covered all the legal bases.

Measure G, if it is law at all, is bad law because it is internally inconsistent and its major provisions are of dubious legality. Most significantly, it is in direct conflict with state law and defense attorneys are skillful at emphasizing conflicts in the law in order to create doubt on the part of jurors.

As a prosecutor, Measure B will make my job easier by providing consistency in the law. I also believe the state limits protect the rights of medical patients and therefore no legitimate medical patient will suffer if Measure B passes. Otherwise, I would not support Measure B. The current situation threatens to create a backlash that would undermine support for legitimate medical marijuana.

I will accept the passage of Measure B as a mandate from the public to focus marijuana enforcement and prosecution activities on the large commercial growers and those that are endangering public safety and harming the environment. I will also challenge the public to support adequate funding for enforcement and prosecution so that Sheriff Allman and I can carry out the mandate of the public to go after the commercial growers that are harming our county and our environment.

Meredith J. Lintott
District Attorney