Pubdate: Sat, 23 Aug 2008
Source: Union, The (Grass Valley, CA)
Copyright: 2008 The Union
Contact: http://apps.theunion.com/utils/forms/lettertoeditor/
Website: http://www.theunion.com/
Details: http://www.mapinc.org/media/957
Author: Keith Royal
Note: Keith Royal is the Nevada County sheriff.
Cited: Nevada County Narcotics Task Force 
http://new.mynevadacounty.com/sheriff/
Bookmark: http://www.mapinc.org/topic/Proposition+215
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

NARCOTICS TASK FORCE WORKS TO KEEP COUNTY SAFE

Since the passage of Proposition 215, which established a legal 
defense for possession and use of marijuana for medical purposes, law 
enforcement has faced many challenges dealing with illegal 
cultivation and possession of the drug.

Locally, the District Attorney's Office has established suggested 
guidelines for medical marijuana which includes possession of up to 
six mature plants or up to 75 square feet of vegetative canopy 
growing at any given time. That amount must be reasonably related to 
the individual's doctor's recommendation. Additionally, the person 
should not possess more than two pounds of processed marijuana at any 
given time.

Furthermore, the DA has requested when a garden is grown for medical 
purposes and exceeds the guidelines or the medical recommendation 
that the garden be removed by law enforcement. Our goal is to secure 
voluntary compliance, effected by growers staying within the guidelines.

The Nevada County Narcotics Task Force applies these guidelines in 
every investigation involving marijuana. Generally speaking, the 
majority of our contacts with the public involving medical marijuana 
fall within the guidelines and our officers walk away from the 
gardens. However, we have a significant number of cases whereby we 
conduct extensive investigations that involve "illegal" marijuana 
gardens, and in the majority of these investigations, we secure 
search warrants signed by a judge. Other investigations may come as 
the result of parole/probation searches, which reveal illegal 
marijuana growing operations.

During these searches, we find gardens which far and away exceed the 
guidelines, many posted with multiple and duplicate recommendations. 
It is also common to find other illicit drugs, large numbers of guns, 
scales and packaging materials, and large quantities of cash.

Currently, marijuana sells on the open market for $4,000 to $6,000 
per pound, with a single plant producing an average of one to two 
pounds. If you have 30 plants, that's a potential revenue of $360,000.

However, what we are finding in our investigations are gardens that 
exceed hundreds of plants. As is evident, these gardens are for 
profit, and the growers attempt to conceal their profits by banking 
with a variety of financial institutions, by making cash purchases of 
new vehicles and precious coins, giving the profits to others to 
hold, and even "burying" the profits.

The Narcotics Task Force's goal is to control the flow of illegal 
drugs on the streets of our community, and hopefully out of the reach 
of our kids and schools. Their mission is a daunting task, and one 
they take seriously. To compound the problem, in many of their 
investigations involving marijuana, other illicit drugs, such as 
methamphetamine, are found.

The majority of investigations are forwarded to the District Attorney 
for prosecution. However, the sentencing practices of state courts 
into programs such as "Drug Court" and "Prop 36 Court," have 
significantly reduced the punitive results of illegal marijuana 
cultivation and sales.

Additionally, we have seen a large number of offenders who avoid jail 
time while participating in these programs and involve themselves in 
subsequent criminal activity. Therefore, we have begun working 
closely with the U.S. Attorney's Office and the DEA in handling the 
larger and more serious cases to ensure more appropriate sentencing outcomes.

The reality is, if you're sentenced in federal court on drug charges, 
the chances are you will receive substantial prison time, as opposed 
to local court, where you might receive a treatment program and no jail time.

Proposition 215 has "muddied the water" in respect to law 
enforcement's mission to curtail illegal marijuana activity in 
California. We are put in a position wherein state law and federal 
law are in opposition, making our job more difficult and litigious. 
We appreciate the support of the community as we work to make Nevada 
County a safe and enjoyable place to live, work and play. 
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MAP posted-by: Richard Lake