Sheriff: Expect more pot suits

Medical marijuana leads to litigation, Sheriff Wilson says

Lawsuits filed by defendants in marijuana cases against police will become more prevalent as medical marijuana use becomes more common, Del Norte County Sheriff Dean Wilson said on Friday.

Wilson was responding to the second suit filed recently against the Sheriff’s Office after deputies confiscated marijuana plants.

“We’ll be seeing these constantly,” he said. “Law enforcement is seeing all types of these lawsuits where people are suing to get their marijuana back in counties where it is legal” under certain circumstances.

In the latest suit, Jessica Parnell and Michael Jones claim that after their case was dismissed last April after a December 2007 raid, some of their confiscated items were not returned and their marijuana plants were returned dead.

The suit demands financial restitution for items that were not returned and hardships Parnell and Jones experienced while attempting to get their property back after the the case against the pair was dropped.

Jones and Parnell had been arrested on suspicion of cultivation of marijuana to sell.

The suit was filed by  their attorney, Karen Olson, 20 months after a search warrant was served on Parnell’s residence on the 100 block of Lela Street in December 2007.

An earlier suit was filed by Kirk David Stewart and his attorney, Jon Alexander, against the Sheriff’s Office asking for “the fair market value” of 93 plants destroyed in a January 2007 pot cultivation case against Stewart that was dismissed in April 2008.

Alexander said Friday that he has since filed an amended complaint asking  for the same restitution but citing a recently settled Butte County case (Williams v. Butte County) that determined the county was responsible for reimbursing Williams for marijuana that had been  destroyed.

Alexander said the Butte County marijuana cultivation case was dropped, just as Stewart’s was in Del Norte County.

Unlike Stewart’s suit, Parnell and Jones’ suit also alleges that deputies used unnecessary force during the raid on the Lela Street home on Dec. 27, 2007, and the marijuana plants were returned, but “devoid of all medical use and without value.”

The suit alleges that deputies kicked down Parnell’s gate to enter her home. Parnell, her four children, her sister and her sister’s children were home, the suit states.

Michael Jones, who was the holder of a valid medical marijuana license was not home, the suit states. The suit alleges the license gave Parnell and Jones the right to have marijuana in the home, but according to Sheriff Wilson, his deputies had reason to believe otherwise.

“Mrs. Parnell and (Jones) were no longer together and he no longer lived there,” said Wilson. “That was (Parnell’s) statement from her to the officers at the time.”

Wilson said because Jones did not live there, his license, although valid, did not give Parnell the right to have the plants in her home.

He said Parnell would have had to have her own medical marijuana license.

During the search, Parnell was held at gunpoint while handcuffed, according to the suit.

The raid resulted in the confiscation  of nine pot plants, marijuana pipes, bongs, a cell phone, two laptop computers, various grow lights and trays, a medical marijuana license belonging to Jones, hydroponic grow trays, potting soil and other growing materials.

The suit also alleged the Sheriff’s Office report on the raid was sent to the DA’s office more than a year and three months after the search warrant was served.

The suit stated the time passed was relevant because Parnell and Jones felt that if they weren’t being prosecuted, then the Sheriff’s Office had no reason to hold their property.

Last year, Parnell and Jones attempted to contact the Sheriff’s Office to request the return of their seized property but were “summarily denied or just ignored,” according to the suit.

The suit also alleged that the Sheriff’s Office filed the report only after Parnell had filed a motion to have her property returned.

On April 21, the case was dismissed due to lack of evidence, stated the suit.

Wilson defended his deputies in their conduct during the raid.

“Just because the DA’s office chose not to pursue the case, does not mean a crime did not occur,” he said.

On May 2 of this year, Parnell met with the Sheriff’s Office to have their property returned, stated the suit.

The dead pot plants, both laptops and most of the growing material was returned, but Jones’ medical marijuana license, the cell phone, a College of the Redwoods transcript request and two hydroponic grow trays have still not been returned, the suit states.

Wilson said he expects more such lawsuits in the future.

Since medical marijuana dispensaries opened in Del Norte County, Wilson said deputies do medical-marijuana compliance checks more frequently.

“We do 215 compliance checks rather routinely,” he said.

A medical marijuana license also has to be current — if it’s more than a year old, it’s not valid, said Wilson.