Pubdate: Tue, 28 Sep 2004
Source: Reno Gazette-Journal (NV)
Copyright: 2004 Reno Gazette-Journal
Contact: http://www.rgj.com/helpdesk/news/letter_to_editor.php
Website: http://www.rgj.com/
Details: http://www.mapinc.org/media/363
Author: Steve Timko
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

CARSON-AREA POT BUST HIGHLIGHTS PROBLEMS IN PROSECUTION

A marijuana bust described as the largest in recent Northern Nevada history 
has produced a misdemeanor conviction and possible deportation of one man 
but no other charges.

Law enforcement said it has run into a couple of problems prosecuting 
people they think are connected to 460 marijuana plants found in a remote 
canyon east of Carson City near the Lyon County line, including Nevada 
legislators taking marijuana cultivation out of the list of state crimes.

"I'd like to see legislation drafted that would help law enforcement 
prosecute these outdoor grow operations," said Lt. Mark Jackson of the 
Tri-NET Narcotics Task Force. The marijuana was worth between $500,000 and 
$2.5 million.

A hiker notified authorities in August of the marijuana growing in the area 
east of Carson City investigators call North Canyon.

Tri-NET coordinated a 15-member surveillance team that spent about 400 to 
500 hours watching the site before Leobardo Martinez-Rojas, 29, of Carson 
City, was arrested there Aug. 25.

Martinez, also known as Antonio Nava, had a court hearing scheduled Tuesday 
on a felony marijuana possession charge. But he settled the case by 
pleading guilty Sept. 21 in Carson Justice Court to a misdemeanor count of 
possession of illegal drugs to introduce into interstate commerce. Martinez 
was sentenced to time served and was ordered to be turned over by Oct. 8 to 
immigration officials who wanted to review his immigration status.

"The investigation is continuing, and we're still trying to develop some 
additional intelligence information," Jackson said. Since it happened on 
Bureau of Land Management property, federal authorities also are 
investigating. A BLM investigator could not be reached for comment Tuesday.

Jackson said that while the Nevada Legislature was rewriting Nevada's drug 
laws in 1999 to crack down on methamphetamine production, it mistakenly 
left out wording that makes marijuana cultivation illegal.

Carson City Chief Deputy District Attorney Anne Langer agreed the law needs 
to be fixed.

Another problem, Langer said, is connecting the people they believe are 
growing the marijuana to the plants.

"You would literally have to have their hand wrapped around a plant that 
(weighed) more than an ounce," Langer said.

Still, she noted, 460 marijuana plants were taken out of circulation. 
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