Rep. Huffman Applauds U.S. Sentencing Commission Action on Trespass Marijuana Cultivation Operations

Press Release

Congressman Jared Huffman (D-San Rafael) today applauded the U.S. Sentencing Commission for agreeing to take action on the environmental damage caused by trespass marijuana cultivation operations. Huffman led a letter with California Senators Dianne Feinstein and Barbara Boxer and other lawmakers to the Sentencing Commission in November, asking that the agency help counter the environmental damages of drug production.

"Trespass marijuana grows are threatening endangered wildlife, contaminating fragile streams, and making forests throughout the United States unsafe for working and recreation," said Congressman Huffman, who represents the "Emerald Triangle" of Mendocino, Humboldt and Trinity counties in northern California. "While we move towards a more rational marijuana policy--which I believe should include the decriminalization of marijuana--I'm pleased that the U.S. Sentencing Commission is moving forward on this critical issue, opening the door to an effective policy for cracking down on environmentally-destructive criminals. I urge my constituents and all concerned Americans to make their voices heard and ensure that we address the immediate threat to our environment and public safety posed by these trespass marijuana cultivation operations."

In response to Huffman's earlier letter, the Sentencing Commission issued a request for public comment in today's publication of the Federal Register, seeking input on whether current sentencing guidelines properly account for environmental damage caused by trespass marijuana cultivation operations. In July 2013, Congressman Huffman introduced the bipartisan PLANT Act, which would direct the Sentencing Commission to establish new penalties for these environmentally destructive practices. Sen. Feinstein introduced a companion bill in the Senate earlier this month.

In 2012, nearly one million marijuana plants were eradicated from 471 sites on National Forest lands found in 20 states across the country. The operators of these illegal grow operations frequently level hilltops, starting landslides on erosion-prone hillsides, divert and dam creeks and streams, and use excessive pesticides to grow their crop.

Individuals and private landholders, including ranchers, farmers, timber companies, and forest trusts, report that they are increasingly forced to confront criminals and eradicate drug operations from their own land, endangering lives and costing significant sums of money for eradication and reclamation.

Cultivation of illegal drugs on federal property is already a crime under the Controlled Substances Act, but prosecutions are rare and environmental damage is almost never fully accounted for. Under current law, environmental damages such as water diversions and vegetation removal are not considered as separate or aggravating offenses.

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