FOR IMMEDIATE RELEASE	CONTACT: Lauren Horwood
March 2, 2012	PHONE: (916) 554-2706
www.usdoj.gov/usao/cae	usacae.edcapress@usdoj.gov
Docket #:

            CENTRAL VALLEY, Calif. — United States Attorney Benjamin B. Wagner, Fresno County Sheriff Margaret Mims and Kern County Sheriff Donny Youngblood hosted meetings for representatives from law enforcement and local agricultural organizations to discuss the problem of marijuana growing on private agricultural land. The meetings, at the Fresno County Farm Bureau and the Kern County Sheriff's Office, were held in partnership with the Merced County Sheriff’s Department, the Madera County Sheriff’s Department, the Kings County Sheriff’s Department, the Tulare County Sheriff’s Department, the Drug Enforcement Administration, and the Farm Bureaus from Fresno, Merced, Madera, Kings, Tulare, and Kern Counties. During the meetings, the U.S. Attorney discussed the proliferation of commercial marijuana grows, talked about enforcement efforts under federal law, and sought the assistance of farmers in identifying illegal grows.

            Perhaps in response to the concentrated efforts by law enforcement on public land, a number of counties on the southern end of the Central Valley have observed an increase in what can be described as “agricultural” marijuana grows. During 2011, there were more than 110 identified agricultural grow sites in Fresno County, and another 60 sites were identified in Madera County. These sites ranged in size from 500 to several thousand plants. Kern County reported numerous marijuana agricultural grows that also contained improvised booby traps installed along with the plants. Using modern agricultural techniques, growers living in the fields have produced huge marijuana plants, some reaching a height of 12 feet and weighing several hundred pounds.

            Common complaints associated with these grow sites include armed guards in watchtowers, confrontations between marijuana growers and legitimate farmers, increased vehicle traffic and out-of-state traffic, pungent odors that preclude neighbors from being able to open windows, and dozens of individuals observed living in huts in fields. There has also been a corresponding increase in armed robberies and violence in and near the grow sites.

            Cultivation and distribution of marijuana are felony crimes under the federal Controlled Substances Act. The cultivation or sale of more than 1,000 plants requires a minimum prison sentence of 10 years, while the cultivation or sale of more than 100 plants requires a minimum prison sentence of five years. It is also a felony for a property owner to rent, lease or otherwise make a place available for the cultivation or distribution of marijuana. Fines of up to $4 million can be imposed. In addition to criminal and civil penalties, property being used to cultivate or distribute marijuana may be forfeited to the United States without compensation, along with any proceeds of the illegal activity. At the meetings, David Shelledy, Chief of the Civil Division in the U.S. Attorney's Office, described the use of federal forfeiture statutes to seize and forfeit farmlands that are used to cultivate marijuana.

            It is not a defense to federal prosecution to claim that the property is providing “medical marijuana.” Congress has determined that marijuana is a dangerous drug, and that the manufacture and distribution of marijuana are serious crimes. The United States Department of Justice, in partnership with local law enforcement, remains firmly committed to enforcing the Controlled Substances Act in all states and will vigorously enforce prohibitions against cultivation and distribution of marijuana.

            U.S. Attorney Wagner stated: “These profiteers are not interested in helping sick people. These large commercial operations are profit-driven. Much of the marijuana cultivated in the Central Valley is being shipped to other states. We will use our investigative and prosecutorial resources to bring criminal and civil sanctions against those who choose to violate the law.”

            The United States Department of Justice, in partnership with local law enforcement, remains firmly committed to enforcing the Controlled Substances Act in all states and will be vigorously enforce prohibitions against cultivation and distribution of marijuana. 

Recent Agricultural Marijuana Prosecutions in the Eastern District of California

US v. Bounepheng Savongsy, et al.  1:10-CR-0462 LJO
            Location: West Central and Valentine, Fresno County
            Land Use: Agricultural, various commercial crops
            Seized/Forfeited: 4,620 marijuana plants, 3,563 pounds of processed marijuana, 11 firearms, one             2006 Dodge Charger, and $113,151
            Convicted: 3 Californians, 3 Bostonians. Sentencing Ranged From: 2-5 years.

US v. Douangchanh Keovilayvanh, 1:10-CR-0476 LJO
            Location: California and Indianola, Sanger, Fresno County
            Land Use: Agricultural, bitter melon
            Seized:  4,391 marijuana plants, 1,040 pounds of processed marijuana outside, 92 pounds of                         processed marijuana in farm residence, $4,000 in cash, a .22 caliber rifle
            Civil Forfeiture: instituted against farm land
            Prosecution: Trial set August 2012

US v. Antonio Perez and Julio Ramirez Perez, 1:10-CR-0296 OWW
            Location: Avenue 8/Road 24, Madera County
            Land Use: Agricultural, grapes
            Seized/Forfeited: 3,792 marijuana plants, 2,367.4 g processed marijuana, 14.8 g methamphetamine             firearms, 1 fraudulent immigration document
            Convicted: 2. Sentencing: 5 years

US v. Ramon Torres-Arreola, 1:10-CR-0313
            Location: Bailey Flats area of Raymond, Madera County
            Land Use: Ranch
            Seized: 3,451 plants
            Convicted: 3. Sentencing: April 2, 2012

US v. Carlos Martinez and Alejandro Castellanos, 1:10-CR-0380 LJO
            Location: Road 21, Madera
            Land Use: Agricultural, commercial
            Seized/Forfeited: 45,577 plants, 87 pounds processed, 198.9 g seeds, 2 assault rifles
            Convicted: 2. Sentencing: 4 years, 2 months, Martinez; Castellanos sentencing set 3/5/12

US v. Eudaldo Salas Garcia, et al., 1:11-CR-0336 AWI
            Location: Modesto
            Land Use: Agricultural, commercial
            Seized: 500 marijuana plants weighing over 3,000 pounds, along with an assault weapon
            Charged: 2
            Prosecution: Pending

US v. Ketkeo Vorasane, et al., 1:11-CR-0373 AWI
            Location: Reedley
            Land Use: Agricultural, bitter melon
            Seized:  1,163 marijuana plants, 1,723 pounds of processed marijuana, 2 firearms
            Charged: 2
            Prosecution: Pending

US v. Shavane Bousangouane, et al., 1:11-CR-357 AWI
            Location: Fresno County
            Land Use: Agricultural
            Seized: 816 pounds processed marijuana, 69 marijuana plants
            Civil Forfeiture: instituted against farm land
            Charged: 2
            Prosecution: Pending

U.S. v. Bernardino Garcia et al., 1:10 CR 339 AWI
            Location: McFarland area, Kern County
            Land Use: Agricultural, crops, grazing
            Seized/Forfeited: approximately 2500 marijuana plants
            Charged 8 defendants
            Convicted: 5 guilty pleas to date
            Sentencing: 2 pending sentencing; 3 sentenced to 9 months to 1 year each; all ordered deported upon             completion of sentence

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