GOVERNOR OWCE STREET SUI SACRAMENTO CA

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STATE     OF CALIFORNIA                                                                     GRAY DAVIS, Governor


                                           MINAL JUSTICE PLANNING
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                                                                                                              05 73
 GOVERNOR'S OWCE~' CRIIF
 1130 K STREET, SUI?
 SACRAMENTO, CA            91
 (916) 323-7734     i
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                             !

  May 6,2003
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  Santa Cruz County Shi?I      ce
                        I
  701 Ocean Street, RodIn
  Santa Cruz, CA 95060,:          ~




  Attn: Ms. Susan Roza/-io,Department Analyst
                             j~
      Dear Ms. Rozario:      i:
                             I     ,   .




      The Governor's Office!bf Criminal Justice Planning (OCJP) provides funding to counties via the
      federal Edward Byrne vemorial Block Grant Program. A majority of this funding is utilized to
      develop multijurisdicti$flal task force programs to integrate federal, state, and local drug
      enforcement agencies,i+ndprosecutors for the purpose of enhancing interagency coordination
      and intelligence and f7;Tilitatingmultijurisdictional investigations. Consequently, the Marijuana
      Suppression Program (MSP) falls under this category of Byrne funding.
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      The purpose of the MSP is to provide support to counties that have experienced a problem
      with the illegal cultivati,"n of marijuana. The two primary components of the MSP are law
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      enforcement and proskcution,'while the goals of the program are to support the
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      implementation of mah uana suppression activities in sheriffs departments and expand,
      improve, or augment dxisting prosecution services relating to illegal marijuana cultivators and
      traffickers.           ~1
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      Santa Cruz County is turrently in the process of completing the Request for Application (RFA)
      to receive MSP fundind for fiscal year 2003/2004. This letter is intended to serve as a
      reminder that the law fnforcement and prosecution components must be met to insure that
      funding is not discontinued to Santa Cruz County. A similar letter was sent to your attention
      last year and has beeh' attached for additional reference.
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      Thank you in advance for your cooperation in this matter and I look forward to continuing the
      positive relationship             Cruz County and OCJP throughout the upcoming grant
      year.
                                                           \

      Sincerely,


      Kris M. Whitty        ,i ,                                         ,   . ..   . .

      Senior Program Speci$list
      Governor's Office of <rhinal Justice Planning
      Drug Enforcement Brghch
                             11
                              Countv of Santa Cruz
                                           d

                                               Sheriff-Coroner
                            701 Ocean Street, Suite 340, Santa Cruz, CA 95060
                                  (831) 454-2440 FAX: (831) 454-2353

 Mark Tracy
Sheriff-Coroner



Sheriff's Marijuana Enforcement Team
2002 Summary, Medical Marijuana Related Investigations


During 2002 the Sheriffs Office investigated over 230 cases involving marijuana.
Examples of these ranged from simple possession, possession of marijuana on school
grounds, possession of marijuana in motor vehicles, sale of marijuana, possession of
marijuana for sale and cultivation of marijuana.

The Sheriffs Marijuana Enforcement Team (MET) investigated 58 marijuana related
cases. During 2002, fourteen (14) of these cases involved an assertion of medical
necessity or medical marijuana recommendations which overall represents
approximately 5% of the total cases.

The following is a brief summary of the medical recommendation cases which were
investigated:

1. Case 02-1418. This investigation resulted in the issuance of a search warrant.
Upon service, numerous items of evidence were seized. Two suspects were
arrested for cultivating marijuana and possessing marijuana for sale. One of the
defendants did possess a medical marijuana recommendation. However based
upon a very thorough investigation, including interviews and a detailed review of the
evidence seized, both suspects pleaded guilty to cultivation of marijuana.

2. Case 02-2509. This investigation resulted in the issuance of a search warrant.
Upon service, 52 marijuana plants were located under cultivation. The deputies
conducted a through investigation, including an interview with the suspect and a
review of his medical recommendation which was expired. This particular document
indicated ten (10) plants were recommended. Based upon the totality of
circumstances, the suspect was arrested and prosecuted. The defendant was
acquitted during a court trial.

3. Case 02-4012. This case began with a small amount of marijuana being purchased
by an undercover deputy from a suspect locally. This individual provided information
as to his source for marijuana which led to a larger investigation. Two suspects,



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from Mendocino Couno .greed to travel from Northern Calif ria to Santa Cruz to
sell marijuana. When they arrived to complete the transaction, both were arrested.
Over a pound of processed marijuana, approximately one pound of concentrated
cannabis and $13,000 in cash was located. In this case, 128 items of evidence
were seized. Interviews of the suspects were conducted and medical issues raised.
Based upon the totality of circumstances, both suspects were arrested. This
particular case is still pending court proceedings.

4. Case 02-5521. This investigation resulted in the issuance and service of a search
warrant. The defendant possessed a medical marijuana recommendation however
evidence located during the investigation pointed to marijuana being possessed for
the purpose of sale. The defendant was prosecuted due to this evidence and
pleaded guilty to same.

5. Case 02-6491. This investigation resulted in the issuance and service of a search
warrant based upon citizen information. 95 marijuana plants, psilocybin, and the
drug ecstasy were located along with approximately thirty other items of
evidence. After a review of the evidence located and an interview conducted with
the suspect, an attorney, an arrest was made on a number of drug related violations.
This defendant did possess a medical marijuana recommendation however the
evidence pointed to possessing marijuana for the purpose of sale. The defendant
pleaded guilty to the latter violation.

6. Case 02-6569. This investigation involved the issuance and service of a search
warrant. 95 marijuana plants were located along with thirty six other items of
evidence. Three individuals arrested after a review of the evidence. One individual
possessed a medical marijuana recommendation. The investigation revealed that
while some of the marijuana may have started for medicinal reasons, it developed
into the sale of marijuana. All three defendants pleaded guilty to possessing more
than one ounce of marijuana.

7. Case 02-7015. This investigation involved the issuance and service of a search
warrant. Fourteen marijuana plants were found growing indoors. The resident
possessed a valid medical marijuana recommendation, there was no evidence of
sale or diversion of the drug, and the individual appeared to be in compliance with
the law. No arrest was made and none of the marijuana was seized.

8. Case 02-7218. This case involved marijuana being cultivated on the deck of a
residence. No one was present when deputies arrived. The marijuana was not
seized an a card was left asking the resident to call as there was an indication this
may be a medical marijuana situation. The resident did contact the Sheriffs and
evidence was received indicating a valid medical marijuana recommendation. No
arrest was made and no marijuana was seized as the individual was in compliance
with the law.

9. Case 02-7988. In this case a search warrant was obtained and served at a
residence. Twenty marijuana plants were located under cultivation. A suspect was
arrested in this case after producing a medical marijuana recommendation that had
expired nearly a year prior. The case was referred to the District Attorney who
dismissed the charge when the defendant later obtained a current medical
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marijuana recommenda. ,n.

I O . Case 02-8302. This investigation resulted in the issuance of a search warrant and
the service of same. Nine marijuana plants were located inside a residence
however no one was home. The plants were seized. Later, the resident produced
a valid medical marijuana recommendation. The seized plants were returned
based on no evidence that the marijuana was possessed with other than it‘s
stated intent.

11. Case 02-8629. This investigation resulted in the issuance of a search warrant and
the service of same in the Aptos area. During the search, a large amount of
marijuana, kief, hash oil, psilocybin, scales, packaging materials, drug sale related
notes as well as firearms and two silencers were located. More than one hundred
pieces of evidence were seized in this case. There are two defendants (one who
has an outstanding arrest warrant) and one claimed medical necessity. Based
upon the totality of evidence in this case, charges have been filed and the case is
presently pending court proceedings.

12. Case 02-8925. This investigation began due to citizen complaints to the Live Oak
Sheriffs Center and to a County Supervisor. A search warrant was obtained and
served. 35 marijuana plants were seized. Two residents claimed medical necessity
however possessed expired medical marijuana recommendations. A third resident
was found in possession of over 14 pounds of psilocybin mushrooms and $12,500
in cash. The two individuals with expired medical marijuana recommendations were
cited and released at the scene while the third individual was arrested for
possessing psilocybin for sale. The District Attorney declined to file charges again
the two defendants related to the marijuana cultivation and the marijuana was
returned to them after they obtained updated recommendations. The third suspect
was convicted of possessing psilocybin for sale.

13. Case 02-10099. This investigation resulted in the issuance and service of a search
warrant. Six marijuana plants were located at the premises. The resident provided
deputies with a valid medical marijuana recommendation. No marijuana was seized
in this case as the resident appeared to be in compliance with the law.

14. Case 02-10891. This case also resulted in the issuance and service of a search
warrant. 77 marijuana plants and multiple pounds of drying marijuana was seized
along with numerous other items of evidence and $11,860 in cash. The suspect
was in possession of a valid medical marijuana recommendation however admitted
to selling marijuana and that the cash seized was in fact from selling marijuana.
This case was filed by the District Attorney and the case is presently pending court
proceedings.
                                                       Sincerely,



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                                                       MARK TRACY, Sheriff-      roner
                                                                                   0569
               BEFORE THE BOARD OF SUPERVISORS
       OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA

                               RESOLUTION NO.         139-2003


                           On the motion of Supervisor:   cdmpos
                          Duly seconded by Supervisor: Beaut2
                        The following resolution is adopted:

 RESOLUTION AUTHORIZING THE SHERIFF-CORONER TO APPLY A N D
 ACCEPT FUNDS DURING FISCAL YEAR 2003/04 FOR THE MARIJUANA
   SUPPRESSION PROGRAM GRANT AND CANNABIS ERADICATION
                     PROGRAM GRANT.

       WHEREAS, the Board of Supervisors of Santa Cruz County desires to apply
to the Office of Criminal Justice Planning (hereafter referred to as OCJP) to hlly
fimd the project designated as the Marijuana Suppression Program and to accept
$20,000 from the United States Department of Justice Drug Enforcement
Administration for marijuana related overtime expenditures.

      NOW, THEREFORE ,BE IT RESOLVED AND ORDERED that the
Sheriff-Coroner of the County of Santa Cruz is authorized, on its behalf, to submit
the application for state funds for the Marijuana Suppression Program grant to the
Office of Criminal Justice Planning and to receive $20,000 from the Drug
Enforcement Administration. The Sheriff-Coroner and County Administrative
Officer are authorized to execute on behalf of the Board of Supervisors of the
County of Santa Cruz, a grant application together with the Marijuana Suppression
Program Mission Statement, attached hereto and made an integral part of the grant
application proposal by reference, including any extensions or amendments thereof
throughout the duration of the grant period (July 1,2002 through June 30,2005).

      BE IT FURTHER RESOLVED AND ORDERED that the grant fimds
received hereunder shall not be used to supplant expenditures controlled by this
body.

      IT IS AGREED that any liability arising out of the performance of this grant
award agreement, including civil court actions for damages, shall be the
responsibility of the grant recipient and the authorizing agency. The State of
California and the Office of Criminal Justice Planning disclaim responsibility for
any such liability.
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                                                                         0570


      PASSED AND ADOPTED by the Board of Supervisors of the County of
Santa Cruz, State of California this 2 o t h day of May ,2003 by the
following vote:

AYES:            s~~ERWSORS  Beautz, Campos,    Almquist and P i r i e

NOES:            SUPERVISORS Wormhoudt
ABSENT:          SUPERVISORS None
ABSTAIN:         SUPERVISORS None



                                 Chairperson of the Board of Supervisors


ATTEST: WILT. BORKOWSKI
        Clerk of the Board

APPROVED AS TO FORM:




Distribution:

Auditor-Controller
Sheriff-Coroner
County Counsel