‘Toxic Act’ Would Target Banned Pesticides In Illegal Cannabis Farms On Public Lands – Forbes

Congressmen Scott Peters (D-CA) and Doug LaMalfa (R-CA) introduced bipartisan legislation on Monday that would combat the use of banned pesticides on illegal cannabis cultivation sites on public lands.

Beyond the risks to the human body, such as potential interactions with cannabinoids and neurological disorders, banned pesticides cause a chain reaction of events to the environment and wildlife within.

Researchers published findings last year linking banned pesticides and other destructive practices on illegal farms with harms to specific wildlife species in habitats in California and southern Oregon: the Pacific fisher, Humboldt marten, and northern spotted owl. Those toxins sometimes eventually find their way into the U.S. groundwater supply.

The Targeting and Offsetting Existing Illegal Contaminants (TOXIC) Act would remedy the environmental damage caused by banned pesticides to public lands and raises criminal penalties for illegal cannabis growers on federal property who are using banned pesticides.

Investigations show that illegal cannabis cultivation operations frequently use banned pesticides on their crops. Experts warn that even small amounts of cannabis exposed to banned, non-food grade pesticides have serious, long-term risks.

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Illegal growers turn to banned pesticides because, often, they’re cheaper, while legal operators are under a patchwork of completely different pesticide regulations, depending on the state.

“While those who grow illegal cannabis often work with drug cartels seeking wealth and influence, our wildlife, habitats, and public health pay the price,” Rep. Peters said in the announcement. “The damage from these extremely dangerous and illegal pesticides harms our watersheds, endangered species like Pacific fishers and spotted owls, Forest Service agents, and consumers. The TOXIC Act will direct the federal government to use all available resources to fix the harm caused by banned pesticides smuggled across our southern border.”

Rep. Peters credits the idea for the bill due to a series of investigative stories published in the Times of San Diego by San Diego-based journalist J.W. August, which exposed the true extent of the pesticide problem.

Melanie Pierson, assistant U.S. Attorney in the Southern California District, who is involved in many of these cases, said that some of the pesticides are the same chemicals used originally in “chemical-warfare weapons.”

In 2019, the San Diego-based Border Pesticide Initiative was formed with members of the Department of Justice, Environmental Protection Agency (EPA), Department of Homeland Security, California Department of Toxic Substances Control, and the City Attorney’s Office. In 2021, the group announced it had prosecuted over 50 defendants and seized more than 1,000 containers of illegal pesticides.

One Apple Valley, California resident was sentenced to prison last year for allegedly smuggling Carbofuran, the active ingredient in Qufuran, into the U.S., which is classified by EPA as Toxicity Category I, “the highest toxicity category.” Inspectors found eight one-liter bottles of the pesticide plus receipts indicating there were 15 more bottles. Several more defendants with similar circumstances were listed in the announcement.

“Illegal marijuana grows have brought dangerous cartels into our rural towns, terrorizing residents and decimating our landscape,” Rep. LaMalfa said. “The banned pesticides they use on their product seep into the soil and watershed, poisoning wildlife, and endangering residents who inadvertently consume it. Everyone; outdoor enthusiasts, nearby residents on their own land, wildlife, Forest Service, and law enforcement personnel are all at risk. The TOXIC Act is necessary to criminalize those who cause damage to our public land with banned chemicals and helps remedy the environmental impacts.”

This bill would allocate $250 million over the next five years for the Forest Service to use Superfund toxic waste remediation authorities to address problems caused by banned pesticides. It would also raise the criminal penalties for using banned pesticides in illegal cannabis cultivation to a maximum of 20 years in prison and $250,000 in fines. The US Sentencing Commission would then be required to review and update its sentencing guidelines for these crimes.

On the state level, things get murky as states differ. Per California law, only food grade pesticides can be used for cannabis cultivation. Restricted pesticides for any reason include abamectin, bromodiolone, difethialone, bifenthrin, cyfluthrin, fipronil, brodifacoum, difenacoum, and naled. Going further, the Groundwater Protection List includes pesticides that have chemical characteristics making them likely to move into groundwater.

To make things easier, the California Department of Pesticide Regulation provided a Pocket Guide to understanding pesticides that are commonly found on illegal cannabis operations.

It’s important to keep in mind certain state-specific regulations of cannabis pesticides, where as many as over 550 pesticides are regulated along with other contaminants.

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