EXPERT: POT SHOULD BE DESTROYED

Witness Says Moldy Marijuana From Sheriff's Evidence Locker Could Sicken Or
Kill Users

An expert witness said Tuesday all of the marijuana stored in a
mold-infested sheriff's locker should be destroyed.

Marijuana is among the evidence from nearly 8,000 criminal cases stored in
a converted laundry room at the old jail that has been infested by mold.

Gregory Raymond, an environmental health specialist hired by the county,
said the mold can cause infections and even death for people with
suppressed immune systems.

He said returning the moldy pot to medical marijuana users who have been
acquitted does not make sense.

"We don't want to expose people to mold," he said. "It seems unethical to
give it out to people who presumably have health issues already."

But an attorney representing a man acquitted after mounting a medical
marijuana defense said the claim is "absurdly exaggerated."

"It sounds like a low-budget, science-fiction movie," defense attorney
Sandy Feinland said in court Tuesday.

Sheriff's officials estimated it will cost $64,000 to decontaminate the
evidence locker. Although much of the evidence can be cleaned of the mold,
they say the marijuana cannot.

Raymond's testimony came during a hearing for Alan MacFarlane, a Santa Rosa
man who asked for what remains of 109 plants seized from his backyard in 1999.

An estimated 20 pounds of his crop are stored in the evidence locker, and
MacFarlane wants it back.

Feinland said he believes the mold isn't any more dangerous than what grows
"in your refrigerator."

Superior Court Judge Robert Boyd continued the hearing until April 13 so
MacFarlane can hire his own expert to determine if the marijuana is dangerous.

Raymond identified the predominant types of mold in the evidence locker as
scopulariopsis, humicola and harknessia, all unusual fungi. There is little
information on the human health implications of exposure to these genera.

The Sonoma County district attorney's office also opposes the return of
MacFarlane's marijuana on other grounds.

Deputy District Attorney Alexander "Bud" McMahon said despite a jury
verdict in MacFaralne's favor, prosecutors believe he had an excessive
amount of marijuana and returning it would violate federal law.