Pubdate: Tue, 17 Apr 2012
Source: Merced Sun-Star (CA)
Copyright: 2012 Merced Sun-Star
Contact: http://www.mercedsunstar.com/284
Website: http://www.mercedsunstar.com/
Details: http://www.mapinc.org/media/2546
Author: Joshua Emerson Smith

POT GROWERS WARNED

Feds, Local Officials Planning to Hunt Down Big Marijuana Farms in 
Merced County

Local law enforcement announced Monday that it will be working with 
federal agencies to crack down on large-scale medical marijuana 
grows, primarily on agricultural land.

"We're going to start (pushing for) federal charges against people 
because of the state's reluctance to file cases," said Tom MacKenzie, 
spokesman for the Merced County Sheriff's Department. "We're 
notifying people that there's going to be law enforcement action."

The Sheriff's Department is sending out letters and emails telling 
medical marijuana growers they could be subject to criminal charges 
and seizure of property.

The move follows several public announcements by U.S. Attorney 
Benjamin Wagner that federal and local law enforcement officers in 
the Central Valley will collaborate in shutting down large marijuana 
operations.

"We are working with sheriffs in at least six counties (including 
Merced) to target marijuana grows on agricultural lands," said 
Wagner, the region's top federal prosecutor. "Large grows, regardless 
of whether they're called medical or not, are in violation of federal law."

While large outdoor marijuana grows -- often associated with guns, 
violence and environmental destruction -- tend to garner little 
public support, cannabis advocates have voiced concern about this 
most recent campaign.

"If we actually see local law enforcement working hand in hand 
sending out teams of deputies with federal agencies, that's new," 
said Nate Bradley, a former California police officer and spokesman 
for Law Enforcement Against Prohibition. "If they actually start 
going after legitimate co-ops, you'll see protest like you've never 
seen before. They're going to get one of the biggest states' rights battles."

However, it's not clear yet exactly who law enforcement will be going after.

The notice is for anyone growing marijuana other than for personal 
use, Mac-Kenzie said. "If someone has cancer and they're growing 
three plants, then obviously that's not who this is intended for. 
This is more for people who are taking advantage of the gray area 
where the state law falls under right now."

After several years of federal efforts to curb pot farming in the 
Sierra Nevada foothills, federal officials report an increase in 
marijuana farming on agricultural land on the Valley floor.

"In some case we're going to be seizing and forfeiting land on which 
marijuana is grown," Wagner said. "We're not interested in 
prosecuting everyone. We're interested in people who are making 
significant money from trafficking a controlled substance."

However, California law enforcement would be wise to tread lightly in 
this situation, said Dale Gieringer, director of the California 
branch of the National Organization for the Reform of Marijuana 
Legislation. "If the sheriff doesn't respect property rights, that's 
a pretty big deal. California law doesn't allow forfeiture for 
marijuana cultivation even if it's not medical. If the sheriff wants 
to do this, he could incur a lawsuit."

Law enforcement officials said they hope their warnings deter many 
people from continuing to grow in the area, but the U.S. attorney's 
office expects to be prosecuting multiple cases by the end of the summer.
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