2nd Mendocino County tribe files claim over pot eradication

The Hopland Band of Pomo Indians is seeking more than $25,000 in damages from Mendocino County for 847 marijuana plants it claims were illegally eradicated from its rancheria by law enforcement last year.

It’s one of at least two claims filed against the county in connection with tribe-sanctioned cannabis operations, a growing movement among Indian nations seeking new sources of revenue. The Pinoleville Pomo Nation last year filed a claim for the eradication of more than 400 plants on its rancheria just outside Ukiah but has yet to file a lawsuit. Both tribes contend the marijuana was for medicinal use.

Pot cultivation as an economic enterprise on tribal land “is presenting itself statewide,” said Mendocino County Sheriff’s Lt. Shannon Barney, who is a member of a northern Mendocino County tribe.

The estimated 300-strong Hopland tribe contends the seizure and destruction of its nearly mature medicinal marijuana crop in September was “unlawful,” according to the claim filed last week. Such claims are required before a lawsuit can be filed. The claim alleges multiple legal violations by law enforcement, including unreasonable search and seizure, violation of due process, unreasonable search and seizure, and trespass on the ?40-acre rancheria.

The claim also suggests the warrant was served at the wrong address.

The tribe’s claim seeks restitution for the confiscated plants, agricultural infrastructure and materials, and the labor costs of growing the plants.

The tribe was involved in a medical marijuana enterprise that included cultivation, distribution and sales of marijuana on the rancheria under an agreement with a medical marijuana consulting group called Therafields Inc., according to the claim. The Secretary of State’s website lists William Htun of San Francisco as the company’s agent.

The tribe’s Ukiah-based attorney, Lester Marston, declined comment other than saying, “I think the claim is self-explanatory.” Tribal members were not available for comment.