Global Ganja Report

California's Eureka Times-Standard reported July 27 that a two-week multi-agency operation eradicated some 55,000 cannabis plants on and around the Yurok Indian reservation. The Yurok Tribe carried out similar raids last year, eradicating 15,000 plants, and intends to go on doing so every summer until growers leave the area, Yurok vice-chair Susan Masten said.  "We're not going to quit until there are zero plants growing on the reservation," she told the Times-Standard. Authorities also seized 1,000 pounds of processed cannabis, made seven arrests, served 30 search warrants, discovered one butane hash oil lab, and allegedly found (unnamed) evidence indicating the possibility of Mexican cartel involvement in some of the grows. Along with tribal police, the Humboldt County Drug Task Force, California Department of Fish & Wildlife, National Guard, and California Department of Forestry participated in "Operation Yurok."

Tribal authorities in Northern California are reacting angrily to a July 8 raid on two cannabis grows in Modoc County. The operations were owned by the Alturas Indian Rancheria and the Pit River Tribe, on tribal lands . Leaders of Alturas Rancheria released a statement July 15, saying they had tried several times to reach out to the US Attorney's Office as they launched their Medical Marijuana Program, which they asserted complied with state law. The statement also said the tribe coordinated with local agencies. "The Tribe laid everything out for the local authorities to consider," said tribal chairman Phillip Del Rosa. "We told local officials that 'if some aspect of the project concerns you, let us know and we will work with you to address your concerns.'"

The Pinoleville Pomo Nation of Northern California's Mendocino County is set to be the first Native American tribe to grow cannabis, pursuant to the new Justice Department policy taking a hands-off approach to cultivation on Indian reservations. The 250-member tribe signed a contract last month with Kansas-based FoxBarry Farms and Colorado-based United Cannabis to develop a large-scale grow operation on its 99-acre rancheria just north of Ukiah. "We anticipate construction to begin in early February, and operations to commence by the end of the month," Barry Brautman, president of FoxBarry Development Company, told Indian Country Today Media Network. "Our first phase will include 90,000 feet of greenhouse space, and another 20,000 feet of indoor space." FoxBarry will also oversee distribution for California's medical market. Cannabis grown on the rancheria will be distributed only to card-holding medical users and dispensaries. “Our business model involves doing everything legally and by the book,” Brautman emphaszied to the Santa Rosa Press-Democrat.

In an historic move to respect Native American sovereignty earlier this month, the US Department of Justice (DoJ) issued a memo instructing US attorneys to not interfere with tribes cultivating or selling cannabis on reservation lands. The caveat is that the tribes have to be in conformity with state law, limiting the new policy to states that have legalized (Colorado, Washington) or have strong medical marijuana programs (California, Montana). Tribes must also maintain "robust and effective regulatory systems," as John Walsh, US attorney for Colorado, told the Los Angeles Times. But US attorney for North Dakota Timothy Purdon, the Attorney General's pointman on Native American Issues, added: "The tribes have the sovereign right to set the code on their reservations." US News & World Report even speculated: "Marijuana may displace casinos as reservation cash cows."

A Sept. 30 Associated Press story that got wide play in Northern California and the Pacific Northwest marked another concern about the ecological impacts of outdoor cannabis grows in the Emerald Traingle. The NOAA Fisheries Service in its new coho salmon recovery plan for the Northern California and Southern Oregon region finds that water use by the marijuana industry further threatens salmon already in danger of extinction. The plan calls for determining and decreasing the amount of water that growers illegally withdraw from creeks where young fish struggle to survive. Other threats from the unregulated industry include clear-cutting to make way for grows, punching roads that send sediment into streams, and use of fertilizer and pesticides that poison waters. Coho salmon have been listed as a threatened species since 1997, due to loss of habitat from logging, agriculture, urban development and dams, as well as overfishing—issues also addressed in the recovery plan. The highlighting of cannabis stems from a California Department of Fish and Wildlife study that said growers suck millions of gallons of water from salmon streams.

Amid mounting concern about the ecological impacts of outdoor cannabis grows in California's Emerald Triangle comes news of last week's massive raid on the Yurok Indian Resolution in Humboldt Country. The California National Guard on July 21 joined more than a dozen other agencies to help Yurok tribal authorities uproot the grows, the LA Times reported. Tribal leaders say that grow ops have threatened the reservation's water supply, harmed its salmon, and interfered with cultural ceremonies. At the request of Yurok officials, officers served search warrants at several properties in and near the reservation along the Klamath River. Participating agencies in "Operation Yurok" included the Sheriff's Drug Enforcement Unit, the North State Marijuana Investigation Team, the federal Bureau of Indian Affairs and Bureau of Land Management, as well as Yurok tribal police.  Yurok Tribal Chairman Thomas O'Rourke joined officers at their staging area at a hillside fire station, where he complained bitterly of the growers.  "They're stealing millions and millions of gallons of water and and it's impacting our ecosystem," O'Rourke said. "We can't no longer make it into our dance places, our women and children can't leave the road to gather. We can't hunt. We can't live the life we've lived for thousands of years." And while growers once "brought their fertilizer in in batches in the dark," O'Rourke said dump trucks now enter the reservation with impunity in broad daylight, using heavy equipment to carve roads through tribal land. Yurok authorities said tens of thousands of plants would likely be eradicated in the operation, chipped on-site.   

Los Angeles' first-ever marijuana farmers market was ordered closed by an LA Superior Court judge July 15 after City Attorney Mike Feuer asked for a restraining order against the California Heritage Market. Over the weekend of July 4, the California Heritage Market, a marijuana collective, or dispensary as it is known to the "compassionate care" crowd, opened a warehouse for cannabis cultivators to peddle their products in an open-air atmosphere. Thousands waited for hours to wade through thick crowds looking for bargains among the 60 or so booths selling dried marijuana flowers, hash, oils, and creams. One bubbly vendor told the cameras that he "couldn't believe how high the demand was."

The US Supreme Court ruled 5-4 on April 22 in Navarette v. California that a traffic stop that led to a marijuana arrest was constitutional because police had reasonable suspicion the driver was intoxicated. In 2008, California Highway Patrol officers stopped Lorenzo Prado Navarette's pickup truck on a Mendocino County road based on a 911 tip about reckless driving. The officers said they smelled marijuana when approaching the vehicle. They conducted a search and found 30 pounds of cannabis. Navarette and a passenger were arrested and charged. At trial, they moved to suppress the evidence on grounds that the search violated their Fourth Amendment rights because the officers lacked reasonable suspicion when they pulled Navarette over. But in the opinion authored by conservative Justice Clarence Thomas, the majority found that while an anonymous tip will not always lead to reasonable suspicion, in this case it did. The court found that "under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Conservative Justice Antonin Scalia wrote a dissent that was joined by the court's liberals, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Conservatives John Roberts and Samuel Alito lined up with the majority, as did swing voters Stephen Breyer and Anthony Kennedy. (Sacramento Bee, This Week, Jurist, April 22)