By Ellen Komp

In news that was covered by AP, CNN, and nearly every newspaper across the county, Mendocino County Agricultural Department applied earlier this year to the California Agriculture Deptartment asking if they could certify the county's medical marijuana growers as organic.

Tony Lineger, Assistant Agricultural Commissioner for Mendocino County, said the Department took action after several letters to the editor appeared in local press from patients who said they had become ill after smoking marijuana in Mendocino. One person reported to Linegar that they couldn't walk for three days after smoking marijuana on which the mitacide Avid had been used. In addition, two people approached the Department about certifying their marijuana crops as organic. One was a caregiver for a seriously ill patient who was considering growing herself because she was concerned that the marijuana she was buying at clubs might be contaminated with pesticides.

Linegar's office sent a two-page, detailed letter to the state and, on March 3, got a terse three-sentence negative response. "It was disappointing because to us there were some very serious issues, plus we had received requests to register, and we had expected a more detailed response that would have more specifically addressed our concerns," said Linegar. The state Department of Pesticide Regulation, who was copied on the letter, replied saying that the Mendocino office could offer advice to individual growers (but not collectives) on pest problems.

But all the office can do is tell growers not to use pesticides. Linegar stresses that all pesticide use is illegal on marijuana. According to Title 40 of the Code of Federal Regulations, the EPA must establish residue tolerances for pesticides on all crops, and since none have been established for marijuana, pesticides cannot be legally applied.

That includes herbicides, fungicides, and rodenticides too. Neem oil, a naturally occurring oil from the neem tree, is legal if sold as the soil conditioner Neem meal, but if sprayed on leaves to control mites it is also not regulated by the EPA for marijuana and therefore is illegal to use. Linegar said the idea of an oil is to smother the pest, and that other lightweight horticultural oils have been developed for the same purpose (heavy oils will smother the plant itself). Neem oil manufacturers claim some insecticidal properties in addition to smothering pests.

For oils or any other crop protection material: if there is an EPA tolerance listed for any plant on the label it cannot be legally used on marijuana. "We've made it very clear that it's illegal to use pesticides on marijuana and that our office has the responsibility to investigate, and doctors have responsi-bility to report to the public health officer, any illness that may be related to pesticides," Linegar said. Penalties for the misuse of a pesticide can vary, depending on the nature of the violation. The Agriculture Department has the authority to levy fines of up to $5000 per violation. The fine level is determined by the seriousness of the violation combined with the violator's knowledge of the regulations. Physicians' reports to the public health officer are routed back to Agriculture for investigation.

Jane Weirick, a longtime medical marijuana activist who herself became ill from handling marijuana, is spearheading a drive by the Medical Cannabis Association to establish safety and testing standards for medical marijuana. The Mendocino Board of Supervisors is looking at a Medical Cannabis Safety Program proposal from Eureka-based Ahimsa International.