SAN FRANCISCO >> Lake County has agreed to pay medical marijuana patients $250,000 and change policies for enforcing ordinances after a federal court decision.
In May, a federal judge in San Francisco ordered law enforcement to bring search warrant and property owner consent policies in line with local marijuana ordinances. Last month the county completed revisions.
The decision follows a federal civil rights lawsuit filed by nine Lake County residents against the Sheriff’s Office, stemming from raids against medical marijuana grows in 2014. The suit held that law enforcement officers did not have warrants to search the properties.
“They came when I was not home,” said one plaintiff, Carl Ray Harris. “They broke my lock, scaled my fence, only to destroy my medicine. Luckily for me (and them), I was not at home; otherwise, they likely would have shot me.”
The plaintiffs in this action were represented by San Francisco based attorney, Joe Elford, a medical marijuana patient himself.
“What these cops did was a blatant violation of the constitutional rights of us all,” Elford said. “I do not regret holding the County responsible for its actions. As always, the price of freedom is vigilance.”
The suit was filed in September of 2014, after several incidents, including an August 1, 2014, raid directed by former Sheriff Frank Rivero, during which officers destroyed plants grown for approximately 30 medical marijuana patients in Clearlake Oaks. The victims argued this measure was taken without a warrant or probable cause.
In addition, the suit claimed the patients — several of whom were elderly — were operating within state medical marijuana laws.
The suit also noted that while many growers were not home, those who were felt intimidated at the time.
“They were rude and offensive, so I called them ‘Jackbooted Nazis,’ which they were,” said Jonathan Holt.
The new policy, drawn up under current Sheriff Brian Martin, does not change policies toward illegal grows on public lands or criminal activity. It does, however, strengthen adherence to consent when seeking to enter private property.
“This has been a good week for medical marijuana patients,” Elford said, pointing out that actions taken under the direction of Rivero cost the county attorney’s fees in addition to the $250,000 settlement.
“All that the plaintiffs know is that the county has paid them $250,000 and has agreed to abide by the Constitution in the future,” he added.
