[SENATE BILL NO. 256 SENATORS HARDY, DENIS AND COPENING] Marijuana: A Law Enforcement Perspective

Transcription

1 2011 Las Vegas Metropolitan Police Department [SENATE BILL NO. 256 SENATORS HARDY, DENIS AND COPENING] Marijuana: A Law Enforcement Perspective

2 Although marijuana is often characterized as a harmless drug, the cultivation, trafficking and use of marijuana has a substantial negative impact on many aspects of our lives including public health, public safety, national security, transportation, the environment, and educational achievement. Tetrahydrocannabinol (THC) is the primary psychoactive chemical found in marijuana which affects the central nervous system and induces the so called high. Marijuana intoxication can cause distorted perceptions, impaired coordination, difficulty in thinking and problem solving, and difficulty with learning and memory. Some studies have shown an association between chronic marijuana use and increased rates of anxiety, depression, suicidal thoughts and schizophrenia. According to the Office of National Drug Control Policy (ONDCP), marijuana is the most commonly used illicit drug in the United States. Despite efforts by marijuana proponents to refute its reputation as a gateway drug, the Substance Abuse and Mental Health Services Administration (SAMHSA) reports that the younger someone begins using marijuana, the more likely they will use other drugs in adulthood. In fact, the National Center on Addiction and Substance Abuse at Colombia University reports that children who use marijuana are 85 times more likely to use cocaine and 17 times more likely to be regular cocaine abusers. The numbers are equally troubling for heroin. According to the National Institute on Drug Abuse (NIDA), marijuana use among teenagers has increased across the country over the past few years. Figures released by the University of Michigan s Monitoring the Future Survey the largest survey on teen drug abuse which polled more than 46,000 8th, 10th, and 12th graders found that teens exposure to anti drug messages has nosedived over the past seven years. NIDA reported that for the first time in 30 years, marijuana use among 12th graders exceeded tobacco use. Based upon the current trend, it is apparent that attitudes have softened about marijuana s risks and the drug is becoming more and more accessible in our community and schools. Considering the fact that marijuana is often considered a gateway drug the current situation may lead to unforeseen consequences when it comes to America s ongoing struggle with drug abuse. While data focusing on the danger of drunk driving is readily available and often cited, less is known or discussed about drivers under the influence of drugs. In the United States the trend of drugged driving is comparable to drunk driving with similarly deadly consequences. The National Highway Traffic Safety Administration (NHTSA) Fatality Analyses Reporting System (FARS) reported that in 2009, one third (33%) of all drivers involved in fatal crashes, for which there were known drug test results, were positive for one or more drugs. (702) Page 2 E2

3 The Center for Substance Abuse Research (CESAR) conducted an analysis of the NHTSA FARS data and reported that marijuana was the most frequently identified illicit drug, accounting for 28% of drugpositive drivers. The Substance Abuse and Mental Health Services Administration (SAMHSA) also reported that in 2009, there were nearly 4.6 million drug related emergency room visits. Almost one half (45.1 percent or 2.1 million) were attributed to drug misuse or abuse. Among emergency room visits made by patients aged twenty (20) or younger, marijuana was the most commonly involved illicit drug. SAMHSA also reported that drug treatment admissions for marijuana are higher than any other illegal drug in our nation. The path to addiction starts with experimentation and while each drug of choice produces different physical effects, all drugs share one thing in common. They hijack the brain s normal reward pathways and alter the areas of the brain responsible for self control, judgment, emotional regulation, motivation, memory, and learning. Whether a person is addicted to marijuana, methamphetamine, heroin, alcohol, nicotine, or prescription pills, the effects on the human brain are the same. Chemical dependency ultimately leads to uncontrollable cravings to use a substance that outweighs the importance of one s family, friends, career, health, and happiness. Fueled by the ever increasing demand for marijuana, the illicit production of marijuana is a rising trend being witnessed throughout the United States and Nevada. Unlike other states, Nevada does not have a statute that specifically addresses the issue of illegal marijuana cultivation. The current statute for the Manufacture or Compounding of a Controlled Substance (NRS ) specifically excludes marijuana. NRS was enacted to battle the methamphetamine dilemma that was affecting our community in the late 1990 s and early 2000 s. Although methamphetamine remains a principle drug of concern across the country and in Nevada, the manufacture of methamphetamine in Nevada appears to be occurring on a limited basis. Last year the LVMPD processed a total of six (6) methamphetamine labs compared to the hundreds the LVMPD was dismantling in recent years. The reduction in methamphetamine labs can be attributed to a number of factors including the aggressive statute (N.R.S ) that called for serious criminal penalties for offenders involved in the manufacture of the drug. Other factors include stricter regulation of the chemicals necessary to produce methamphetamine and the availability of the drug is imported into Nevada s drug market from Mexican Drug Trafficking Organizations (DTO s) operating in Mexico and California. The progression of illegal marijuana grows operations we are seeing in Clark County is comparable to the trend of clandestine methamphetamine labs witnessed years ago. Our efforts to fight the growing problem appears hindered by the fact Nevada does not have an aggressive law that specifically addresses the issue of illegal marijuana cultivation. Often the risk of serious criminal penalties deters offenders from committing crimes when contemplating the risks versus the rewards. (702) Page 3 E3

4 Marijuana distribution is an extremely lucrative criminal enterprise versus what is often perceived as an unequal risk of serious penalties when faced with criminal prosecution. This is especially true when compared with the penalties for producing or distributing so called harder drugs like methamphetamine, cocaine, heroin, and ecstasy. Drug dealers require sources of supply in order to obtain their drugs. More often than not the so called harder drugs are imported from sources outside the United States making them more difficult and costly to obtain. Marijuana can be produced locally and Clark County has become a prime location for profit driven drug dealers to establish their criminal enterprise. Currently the wholesale price for one (1) pound (16 oz or 453 grams) of high grade marijuana is approximately $2,500 $6,000. When broken down and sold on the street in smaller ounce (28 grams) size quantities, the value increases to approximately $4,800 $9,600 ($300 $600 per oz) per pound. When broken down even further in eighth ounce (3.5 grams) quantities, the value equals approximately $7,000 $10,000 ($55 $80 per 1/8th) per pound. In comparison the wholesale price for one (1) pound (16 oz or 453 grams) of methamphetamine is approximately $9,000 $13,000. When broken down and sold on the street in ounce (28 grams) size quantities, the value increases to approximately $21,000 ($1,300 per oz) per pound. When broken down in eighth ounce (3.5 grams) quantities, the value equals approximately $31,000 ($240 per 1/8th) per pound. Based upon the current street values, a dealer who distributes four (4) pounds of marijuana can generate the same amount of unaccountable income that a dealer who distributes one (1) pound of methamphetamine can produce. Except in Nevada a dealer who is found in possession of just one ounce or more of methamphetamine faces a Category A felony (Life w/ parole eligibility after 10 years) and a dealer found in possession of four (4) pounds of marijuana with the intent to distribute faces a Category D felony (1 4 years). Drug offenses such as Use, Possession, Production, Transportation, Distribution and Sale are often viewed as victimless crimes. This is a common misperception because of the ripple effect that a drug lifestyle has on other crime in our community. A drug lifestyle is a way of life in which the likelihood and frequency of involvement in OTHER illegal activity is increased because the persons responsible for committing drug offenses are constantly exposed to situations that encourage crime. These OTHER crimes are often termed drug related offenses and include: 1. Criminal behavior resulting from the effects of drug use. Crimes as a result of the ingestion of a drug by the victim or offender, causing irrational or violent behavior. This includes perpetration of a crime against a victim by the offender, as well as self victimization due to mood changes initiated by substance abuse. Such crimes also include those committed by individuals (702) Page 4 E4

5 experiencing withdrawal symptoms such as high levels of anxiety and irritability and intentional ingestion of a drug to "relieve anxieties and stimulate courage" in preparation for acts of violence. (I.E. Domestic Violence, Abuse/Neglect, Sexual Assault, Robbery, Discharging A Firearm, etc.) 2. Crimes committed to pay for drugs or as a means of financial support because of the person s inability to maintain lawful employment. These crimes may not be inherently violent, but may become violent. The strongest indicator in classifying crimes of this nature is that the offender committed the crimes as a result of his or her compulsion to obtain drugs. (I.E. Robbery, Theft, Home Invasion, Burglary, Fraud, Prostitution, etc.) 3. Crimes directly or indirectly related to the system of drug trafficking and distribution. Crimes that are associated with crimes of violence resulting from dealings between drug dealers, competition for drug markets and customers, disputes and rip offs among individuals involved in the illegal drug market, drug deals gone bad, identification of informants or undercover law enforcement officers. Crimes of violence as a means of enforcing systemic codes, killing of informants, injury or death resulting from disputes over drug possession, territory, etc. (I.E. Kidnapping, Extortion, Robbery, Assault With A Deadly Weapon, Homicide, etc.) According to the Office of National Drug Control Policy s Arrestee Drug Abuse Monitoring (ADAM) program, marijuana is the most common illicit drug detected among arrestees in the United States. The LVMPD began noticing an increase in marijuana grow operations in 2007 when the LVMPD dismantled forty seven (47) operations compared to nine (9) in The numbers have continued to increase yearly, with eighty nine (89) operations in 2008; one hundred eight (108) operations in 2009; and one hundred nineteen (119) operations in These figures amount to a 151% increase from 2007 to Thus far in 2011, the LVMPD has dismantled forty eight (48) illegal marijuana grow operations. The indoor grow operations are being established throughout our community in single family homes, apartments, commercial buildings, and warehouses. Earlier this year the LVMPD even discovered a grow operation inside an open auto repair shop. (Typical house, & Auto Shop Pictures) Rental homes are often the preferred location for establishing such an operation because using someone else s property enables the perpetrator to distance them self from the illegal operation and attempt to avoid prosecution. Using someone else s property also enables the offender to avoid paying the costs associated with repairing the damage which is often caused to the property by growing marijuana indoors. Unsuspecting homeowners are often stuck with the bill to repair the home. Residential buildings are not designed to accommodate the structural or electrical needs of indoor marijuana grow operations. Hazards often include makeshift modifications to the structure itself (702) Page 5 E5

6 including alterations to the electrical, ventilation and plumbing systems. These operations commonly contain dangerous electrical configurations that are not up to code and often result in fires or other mishaps. Power theft is also a common occurrence. (Fire & Electrical Pictures) Growers typically use industrial grade propane burners or carbon dioxide (CO2) generators that produce elevated levels of CO2 and promote plant growth. The propane burners produce huge quantities of ultrafine particles, water vapor and carbon monoxide. Normal residential ventilation systems are incapable of handling these contaminants. The high powered grow lights produce massive exposures of UV light which in turn can not only damage unprotected surfaces, but are energetic enough to break down the airborne materials (such as vapors or pesticides, etc) into a soup of unknown contaminants. These hazards can lead to unexpected and unpredictable health consequences for a person encountering such conditions. Also, mold hazards are often present because of the large amount of heat and humidity that is produced by growing marijuana plants in confined spaces. Commercial grade fertilizers and pesticides that are used in the operations are often stored haphazardly and stockpiled without regard for proper chemical storage practices. Waste products produced at these sites are commonly disposed of in backyards and dumped down toilets and drains into our local sewer systems. These types of operations pose a significant risk to neighbors and unsuspecting families who may eventually move into a home that was previously being used to cultivate marijuana indoors. When these types of operations are established inside apartment or condominium complexes, the risk of the hazards are ultimately being shared with the population of the entire structure. Between 2007 and 2010 the LVMPD spent approximately $578,000 on clean up costs to dispose of the hazardous materials found at these operations. These monies are obtained through LVMPD s annual budget, which is funded by taxpayer dollars and does not include the costs of the manpower needed to dismantle the operations. (Clean Up Pictures) The criminals responsible for conducting these grow operations range from the common street dealer with a small or medium sized operation and organized criminal groups with larger, sometimes multiple locations. Most of the organized groups responsible for the larger operations include persons associated with Street Gangs, Outlaw Motorcycle Gangs, Asian DTO s, and Mexican DTO s also known as Drug Cartels. The equipment necessary to begin an operation can be purchased via the internet, local hydroponic stores, and/or home improvement stores. Once a system is in place, the process of growing begins with either a marijuana seed or a clone. Seeds can be obtained via the internet or from other growers. Clones, which are the clippings from an established marijuana plant also known as a mother plant, can (702) Page 6 E6

7 also be obtained from other growers. Marijuana clones are often the preferred method for starting the growing process because the cultivator can consistently produce more marijuana at a faster rate. The first phase of growth is called the vegetative stage and consists of operating the grow lights for hours a day. This stage usually occurs for a period of approximately 2 4 weeks. The second phase of growth is called the flowering stage and the lighting is reduced to 12 hour days for a period of approximately 4 8 weeks. When the flowering is complete the grower harvests the plant and dries the usable marijuana. The remaining portions of the plant are often ground up and used to produce other forms of ingestible THC. After harvesting the marijuana, the grower can restart the process with clones obtained from a mother plant or plants a plant that remains in a vegetative stage of growth. The indoor process enables a grower to control the environmental conditions a plant is exposed to and conduct multiple cycles a year. Cultivators often set up multiple rooms and stagger the stages of growth in order to reduce the amount of time between harvests. There are many factors involved when attempting to determine the amount of marijuana a single plant can produce including the type of marijuana plant, the environmental conditions the plant is exposed to, the nutrients used, and the experience of the grower. According to yield studies conducted by the DEA in the 1990 s, a mature marijuana plant is capable of producing an average dried weight of one (1) pound of usable marijuana. Additional controlled studies conducted in Mississippi found some marijuana plants could readily yield five pounds of marijuana, but the one (1) pound per plant standard is generally used by federal authorities for prosecuting cases involving marijuana cultivation. Distribution points and grow operations are common targets for criminals because of the valuable drugs and proceeds they are believed to contain. In 2007 & 2008, the LVMPD investigated seven (7) drug related homicides each year. In 2009, the LVMPD investigated seventeen (17) drug related murders, eight (8) of which were attributed to marijuana distribution and four (4) of the eight (8) were directly related to marijuana grow operations. In 2010 the LVMPD investigated seventeen (17) more drug related murders and four (4) were related to marijuana distribution. Based on the fact that drugs and violence run hand in hand, the persons involved in the drug business commonly arm themselves to protect their operation from rival dealers and law enforcement. Since 2007, the LVMPD has seized 338 firearms from marijuana grow sites which amounts to a 245% increase from 2007 to (31 in 2007; 58 in 2008; 99 in 2009; 107 in 2010; 43 thus far in 2011) (Pictures) (702) Page 7 E7

8 Outdoor marijuana cultivation sites are also becoming increasingly common throughout the U.S. and Nevada. National parks and other public lands are being used for these outdoor operations, primarily by Mexican DTO s. These operations pose a significant risk to the public and result in the destruction of natural habitat from diesel spills, pesticide runoff, and waste products left behind by the growers. Some of these operations have led to a number of officer involved shootings and armed confrontations with innocent citizens who unknowingly stumbled upon the grow sites. Outdoor growers are also believed to have caused recent forest fires in California and Nevada. Law enforcement representatives from central and northern Nevada may be able to touch a little more on the issue of outdoor grows, but the LVMPD is aware of at least four (4) massive operations discovered in Nevada s jurisdiction since : Three BLM biologists were held at gunpoint in Esmeralda County after stumbling upon an outdoor grow operation. Authorities eventually rescued the biologists and discovered two grow sites consisting of 3,000 and 12,000 marijuana plants. 2008: An outdoor site consisting of 800 marijuana plants was discovered in Humboldt County. 2009: A harvested marijuana plant site was discovered on Mt. Charleston. 2010: An outdoor site consisting of 3,000 marijuana plants was discovered in Beaver State Dam Park near the Nevada Utah border. Nevada has a loophole in our law that is being exploited by common drug dealers, as well as organized criminal groups and DTO s. Our efforts to combat the problem are hindered by the fact that Nevada s existing laws do not addresses the crime of marijuana cultivation. Therefore, the persons who are responsible for producing the marijuana unfairly end up facing the same criminal charges that small time dealers and users face even though the producers are the sources of supply. Under the current law, a person who is found to be conducting a grow operation that is less than one hundred (100) pounds, faces similar consequences to a person intending to sell a few dime bags of marijuana on the Las Vegas Strip. Based upon the increasing amount of illegal grow operations in our jurisdiction it is apparent that the current statutes relating to marijuana possession and possession with the intent to distribute are not acting as a deterrent for the producers of the drug. The bill was drafted to ensure that the criminals operating larger grow operations will incur stiffer penalties because they are the persons responsible for producing more drugs that end up on our streets and in our schools. Given the fact that an indoor grower can manipulate the environment a marijuana (702) Page 8 E8

9 plant is exposed to and conduct multiple cycles a year, even the smaller operations can produce substantial amounts over a period of time. (702) Page 9 E9

10 Although some drug dealers may choose to ingest the drugs they distribute, the likelihood of police encountering a casual user who has gone to such great lengths to produce the drug of their choice, solely for personal use, is unlikely. As such there is no distinction between manufacturing of methamphetamine for personal use and production with the intent to distribute the drug because it is ultimately a dangerous operation that is the source of producing a harmful substance. Growing marijuana illegally in any amount should not be condoned and the law specifically addresses the fact that this law will not affect persons acting in compliance with NRS 453A. In conclusion, this law will assist in our continued efforts to disrupt the flow of illegal drugs into our community while enabling law enforcement to properly charge the offenders for the crime they are alleged to have committed. It enables the criminal justice system to separate the producers and suppliers from the small time dealers and users so the offenders can be dealt with accordingly. (702) Page 10 E10

11 140 LVMPD Grow Operations Seized 151% Increase since (702) Page 11 E11

12 (702) Page 12 E12

13 14, Average LVMPD Number Plant Of & Weight Per Seizures Operation 12,466 12, ,071 10, , ,941 6, , , , Pounds 1,412 Pounds 1,496 Pounds 2,096 Pounds 2,644 2,328 Pounds (702) Page 13 E13

14 (702) Page 14 E14

15 Firearms LVMPD Seized Homicide At Grow Investigations Operations 245% Increase since 2007 Homicides Drug Related Marijuana Related Grow Related 120 Guns Guns Guns Guns Guns (702) Page 15 E15

16 (702) Page 16 E16

17 $250,000 $200,000 LVMPD Driving LVMPD Under Disposal The Influence Costs $578,000 since 2007 DUI Liquor/Drugs DUI Drugs DUI Liquor 6,580 5,830 $191,749 6,266 $150,000 4,032 $154,295 $111,668 $120,607 $100,000 $50, , , $ (702) Page 17 E17

18 (702) Page 18 E18

19 2010 LVMPD Crime Lab Drug Screenings Percentages represent DUI, UICS, Sexual Assault, Trick Roll & Homicide Investigations. Benzodiazepines = Tranquilizers (Xanax & Valium) Opiates = Pain Relievers (Morphine, Codein, Fetanyl, Hydrocodone, Oxycontin, Et Opiates 6% PCP 1% Cocaine 6% Meth 11% Marijuana 31.50% Marijuana Benzodiazepine Meth Cocaine Opiates PCP Benzodiazepine 23% (702) Page 19 E19