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

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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