Pubdate: Mon, 23 Jul 2012
Source: Porterville Recorder (CA)
Copyright: 2012 Freedom Communications Inc.
Contact: http://www.recorderonline.com/sections/editor-form/
Website: http://www.recorderonline.com
Details: http://www.mapinc.org/media/2887
Author: Rick Elkins

MARIJUANA IS A GROWING CONCERN IN THE VALLEY

Law Enforcement Anticipating Double Number of Illicit Gardens

Last week's bust of several illegal marijuana gardens on public land
in the hills of Tulare County clearly demonstrates the battle to
curtail the illicit gardens is just beginning. Capt. Mike Boudreaux of
the Tulare County Sheriff's Department said he expects to see double
the number of illegal gardens in the foothills and mountains and a
tri-fold increase in the number of gardens on the Valley floor over
last year.

"There is so much demand," said Boudreaux of the crop that you won't
find listed among the top 10 agricultural crops in the county, but one
that would probably rank among the county's top 10 crops in terms of
value every year.

Last week's take down of 11 illegal gardens in the foothills and
mountains carried a value of $319 million, according to the sheriff's
department. Officials said 106,525 plants were chopped down.

Boudreaux said so far this year the sheriff's department has busted 28
grow sites in the foothills and mountains and has identified nearly
1,000 gardens on the Valley floor. In all of 2011, only 14 gardens
were discovered in the mountains and 600 on the Valley floor.

"Oh, it's big time," said Supervisor Mike Ennis of the problem this
year. He said he receives about two calls a week from residents
telling him of marijuana gardens.

"I go to look at one grow site and make a turn and there's two more,"
said Ennis. Boudreaux said one reason they are finding more gardens in
the hills is they are giving that area more attention. Ennis said
another reason is the long winter last year made it more difficult to
set up the gardens in the mountains.

Despite the extra enforcement, the threat of seizing the property and
stepped up code enforcement, Boudreaux said the growing of marijuana
continues to escalate.

Ennis said the county is spending at least $600,000 this year fighting
the illegal business.

The county has added a code enforcement officer just for marijuana
enforcement and is armed with an ordinance that allows for a hefty
fine for a property owner who does not comply with the county's code
for growing marijuana. That code does not allow the growing of
marijuana except for in industrial zoned areas.

In March, the country increased its code enforcement efforts. Under
the new procedures, when a citizen files a complaint with the county
about a code violation, the alleged violator will be given a 10-day
notice to bring the property into compliance. If the matter is not
addressed, the violator could be assessed a $765 fee to place the
matter on the administrative hearing agenda, along with a daily fine
of $100 per day, per violation (per plant).

"I know they are aggressively seeking that type of seizure," said
Ennis of the ordinance that allows the county to take the property
even if the grower is a renter. About 200 notices have been sent to
property owners and Ennis said about 60% of those have complied.

"We've had a tremendous amount of success of seizure notices," he
said. Boudreaux said marijuana growing enforcement is a challenge.

"Our hands are tied. We are limited as to what we can do. It's a
difficult endeavor," said Boudreaux of the state Compassionate Care
Act that allows a person with a letter from a doctor to possess and
grow up to a certain amount of marijuana. Most Letters of Recommend,
as they are called, allow up to 99 plants.

While the sheriff's department's hands are tied if the person has the
letter and is within the limit of plants allowed, Ennis said that is
where the code enforcement comes into play so they can still shut down
the garden.

Both Ennis and Boudreaux said it would be much simpler to enforce
federal law which makes the possession and growing of marijuana
illegal no matter the reason.

However, Bourdreaux said deputies have to respect the rights of those
who are growing it legally, even though officials believe that only
about 1% of those found growing marijuana are doing so
legitimately.

Of the busts made last week, Boudreaux said it did not appear all of
the grow sites were connected, but believed a few were the same
operation. Officers found 30,000 plants at one site and 29,000 at
another. Four men were taken into custody, all residents of Mexico in
this country illegally.

Unfortunately, noted Boudreaux, the growing season is really just
getting started. Noting that there have been nine murders connected to
the growing of marijuana in Tulare County over the past two years, he
is fearful of that level of violence occurring again this summer.
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