LAKEPORT, Calif. – The Board of Supervisors this week directed county staff to look at ways to facilitate the formation of a special unit to prosecute environmental crimes related to illegal commercial marijuana grows.
The board on Tuesday heard District Attorney Don Anderson’s proposal to establish a marijuana/environmental law prosecution and recovery of eradication costs unit.
However, the supervisors were concerned about finding the $191,410 Anderson estimated he would need to cover a prosecutor, investigator and vehicle costs at this point in the budget year.
Anderson suggested the unit eventually would pay for itself, but it needed that money up front in order to get it established in the first year.
“My plan is to hit them in two different directions,” Anderson said of illegal growers.
He said he would pursue environmental crime fines of up to $25,000 per violation and civil suits – including liens and foreclosures – to force growers and land owners who are aware of the grows to pay for the costs of eradication, which he said can range between $50,000 and $100,000 on big operations.
County Administrative Officer Matt Perry said it was a big commitment, and he urged the board not to do anything until next year’s budget could be considered. Perry suggested that he could get together with Anderson and County Counsel Anita Grant to look at alternatives for getting the work done.
Grant added that the board also needed to factor in additional work that the Community Development Department would need to do in such cases.
Dennis Reynolds, a county deputy probation officer, accompanied Anderson to the meeting, and offered the board a presentation that showed slides of some of the environmental crimes he’s seen during large illegal marijuana grow eradications.
Those included water diversion; heavy fertilizer, pesticide and poison use; and indiscriminate killing of animals and birds.
Supervisor Denise Rushing, who has volunteered on cleanup efforts on grow sites in the national forest, noted, “You smell death everywhere.”
Reynolds said many outdoor enthusiasts are curtailing land use due to safety concerns associated with the grows, including armed growers. He called the water diversion and fertilizer use “appalling.”
Anderson said the sheriff’s office and other local law enforcement are doing a great job of stopping illegal marijuana when they can, but they don’t have the expertise to deal with environmental crimes, and neither does his staff as it is currently.
Without additional funding and staff, Anderson said he couldn’t start the new program.
Supervisor Anthony Farrington asked if cleanup would be covered by the costs recovered. Anderson said no, that the reimbursement would be for eradication, not repair.
Farrington asked how they could get to environmental restoration. “That’s something I can’t answer,” said Anderson.
Rushing said she wanted to see a business plan and metrics for performance so they could determine how successful the new unit is.
Lakeport Police Chief Brad Rasmussen said Anderson has brought the matter to meetings of the local allied law enforcement chiefs.
He said the $191,000 Anderson was seeking was not a small amount, and he also acknowledged the board is facing financial challenges.
Still, Rasmussen urged the board to find a funding source. “Marijuana cultivation with resulting environmental damage has long been a problem in Lake County,” but has increased significantly in recent years, he said.
Rasmussen said public lands protection is vital to the future of Lake County, adding that public lands are a reason many people come to visit and spend money.
In his 23 years in Lake County law enforcement Rasmussen said he has seen many grows degrading public lands, including water diversion, fertilizer use and stripping of forests.
Law enforcement has done a good job with eradications, but cleanup costs need to be addressed, and Rasmussen said prosecuting for environmental crimes will eventually have an impact.
Regardless of what people think about medical marijuana, Rasmussen said everyone needs to take a stand for the environment. He urged the board to support Anderson’s proposal, and to contact public land partners in an effort to find funding sources.
Board Chair Jeff Smith said he also received a letter from Clearlake Police Chief Craig Clausen in support of the plan.
Finley resident Phil Murphy said he had a number of major concerns about the proposal, among them, that he was not comfortable with making employees generate revenue in order to keep their jobs.
Murphy also disputed the idea that marijuana grows are increasing in Lake County, saying he has not seen as many big grows in his area. He also pointed out recent action by the states of Washington and Colorado to legalize recreational marijuana use, making those areas more desirable than California.
“The dynamics of this industry are changing,” Murphy said.
Supervisor Rob Brown said he’s been on overflights that have convinced him that marijuana grows – and the resulting environmental damage – have in fact increased.
Rushing asked Anderson what was stopping him from pursuing the unit formation right now. He said training, estimating that it would cost $5,000 to $10,000 to get a prosecutor up to speed.
Anderson, addressing Murphy’s statement about having an employee tasked with cost recovery as part of their job, said if the unit is not making money, either the program is not working or the person is not good at their job and shouldn’t have it.
“This needs to be part of the budget process, ultimately,” said Rushing.
She proposed having a group of staff including Anderson, Grant, Perry and Community Development Director Rick Coel put together a plan with proposed funding sources, organizational structure and performance measurements to address environmental cleanups. She also suggested finding money for training in the near term.
The board voted 5-0 to support that proposal.
Smith said the unit is a great idea, and if the county had the money he would support Anderson’s original proposal outright.
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