Medical marijuana advocate evicted from Merced dispensary; deputies seize dozens of ‘illegal plants’

An outspoken advocate for medical marijuana was evicted from her downtown dispensary Tuesday after she refused to pay her rent for several months – and deputies discovered dozens of marijuana plants said to have been growing illegally inside the second-story business.

Merced County sheriff’s deputies seized 61 marijuana plants growing in homemade greenhouses at Kiona’s Farm’acy, 357 W. Main St., suite 201.

Deputies said each plant would be worth $800 to $1,200, depending on size and quality.

Owner Lakisha Jenkins said she was having a dispute with the building’s landlord and withheld rent. She said the plumbing needed fixing and she described the elevator as “dangerous.” Jenkins said many of her medical marijuana clients needed to use the elevator.

The property owner, Richard Lewis, had summoned deputies to evict Jenkins. He said he was “really surprised” to learn of the plants growing inside his building. He said problems with the building were being fixed.

“And that’s no reason not to pay rent. I haven’t had any (rent money) from her for several months,” Lewis told the Sun-Star. “And I didn’t know anything about her growing plants or putting holes in the ceiling and putting water up there on the plants.”

Lewis said, as a property owner, he doesn’t want marijuana plants anywhere in his building.

“Regardless of whatever the states are doing with the laws, (cultivation) is still against federal law and I just can’t have that in my building at all,” Lewis said.

Jenkins said she was taken aback after deputies informed her that her products would be seized. “I’m in shock and awe, actually, that that would be the course of action,” she said, wiping tears from her eyes.

The dispensary provides medicinal marijuana for authorized users. Jenkins said she’s concerned the patients won’t have access to the cannabis if her business is closed for any length of time.

Jenkins was not arrested Tuesday, but she could face possible criminal charges, depending on the levels of tetrahydrocannabinol, or THC, the part of the plant that causes “a euphoric feeling,” sheriff’s Sgt. Ray Framstad said.

Framstad said deputies believe the plants and products found Tuesday are “all high-quality” with “high levels of THC.” He said investigators anticipate asking the Merced County District Attorney’s Office to file felony charges against Jenkins, including cultivation, distribution and sales of marijuana.

Regardless of her status as a medical marijuana dispensary, Sheriff Vern Warnke said, “you can’t have over 60 marijuana plants anywhere in Merced County.” In Merced County, people may grow up to 12 plants per parcel; the city of Merced has banned all cultivation.

Deputies also confiscated large quantities of frozen beef and pork in packages labeled “organic,” which investigators said Jenkins apparently was selling. A dry-erase board inside the business appeared to list prices for meat at $9.95 per pound for beef and $6.88 per pound for pork. Additionally, prices were listed for “organic unwashed eggs” at $4 per dozen for chicken eggs and $7 per dozen for quail eggs.

“You have to have a license to sell meat,” Warnke said, “and she does not.”

Mike North, Merced County spokesman, said records show Jenkins had no permits on file to sell meat. North said a permit to sell meat directly to customers is required from the Merced County Public Health Office’s Division of Environmental Health.

Warnke acknowledged that many people who buy marijuana from Jenkins had “a legitimate medical need.” Warnke noted that deputies allowed one woman to take her medically needed marijuana after she showed her medical marijuana card.

“I have no problem with the idea that some people have a medical need, but the plants and many other things – and all that meat – we found here today during (the eviction) all point to a capitalistic enterprise based on the desire to turn a profit; to make money through commercial sales,” Warnke said.

Jenkins has been involved in public discussions with the Merced City Council, whose members have voiced plans to allow dispensaries in town. City staff have said an ordinance allowing dispensaries could be ready for adoption by May.

As the owner of a dispensary, Jenkins has served as one of the experts at council meetings and study sessions. One of her patients, a 17-year-old from Empire, has shared her story with city officials. She was diagnosed with stage 2 ovarian cancer about a year ago, and said cannabis oil has been successful in preventing nausea and dulling her pain.

Jenkins’ business was raided in July last year by the Merced Police Department. She was served with a cease and desist order at the same time police said Jenkins also was under investigation for possible tax evasion.

Jenkins, however, continued to operate her business and records show no criminal reports were ever sent to the Merced County District Attorney’s Office.

This story was originally published March 8, 2016 at 5:29 PM with the headline "Medical marijuana advocate evicted from Merced dispensary; deputies seize dozens of ‘illegal plants’."