BILL ANALYSIS �
AB 2284
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2284 (Chesbro)
As Amended August 6, 2012
Majority vote
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|ASSEMBLY: |53-18|(May 31, 2012) |SENATE: |38-0 |(August 20, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Imposes an additional civil penalty for cultivating
marijuana within a state park, and allows law enforcement to
stop any vehicle transporting agricultural irrigation supplies
into a specified area, if agricultural irrigation supplies are
in plain view.
The Senate amendments :
1) Add land under the jurisdiction of the State Lands
Commission or a regional park district to locations where
the additional civil penalty will apply if an individual is
found to have violated specified sections of the Fish and
Game Code in connection with the cultivation or production
of a controlled substance.
2) State that any peace officer, as specified, may stop and
inspect any vehicle transporting agricultural irrigation
supplies that are in plain view, as specified.
3) Specify that in order for law enforcement to stop and
inspect a vehicle transporting agricultural irrigation
supplies that are in plain view that is on a timerberland
production zone between 2,500 and 50,000 acres, law
enforcement must have written permission from the owner.
4) Specify that "agricultural irrigations supplies"
includes one-half inch diameter or greater irrigation line.
5) Specify that nothing in this section is intended to
contradiction purposes or application of the Medical
Marijuana Program.
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6)Specify that this section shall be implemented only in a
county where the board of supervisors adopts a resolution
authorizing the enforcement of this section and makes
conforming changes.
EXISTING LAW :
1)Allows a member of the California Highway Patrol to stop any
vehicle transporting any timber products, livestock, poultry,
farm produce, crude oil, petroleum products, or inedible
kitchen grease, and inspect the bills of lading, shipping or
delivery papers, or other evidence to determine whether the
driver is in legal possession of the load, and, upon
reasonable belief that the driver of the vehicle is not in
legal possession, shall take custody of the vehicle and load
and turn them over to the custody of the sheriff of the county
in which the timber products, livestock, poultry, farm
produce, crude oil, petroleum products, or inedible kitchen
grease, or any part thereof, is apprehended.
2)States that the sheriff shall receive and provide for the care
and safekeeping of the apprehended timber products, livestock,
poultry, farm produce, crude oil, petroleum products, or
inedible kitchen grease, or any part thereof, and immediately,
in cooperation with the department, proceed with an
investigation and its legal disposition.
AS PASSED BY THE ASSEMBLY , this bill imposed an additional civil
penalty for cultivating marijuana within a state park, and
allows law enforcement to stop any vehicle transporting
agricultural irrigation supplies into a specified area, if
agricultural irrigation supplies are in plain view.
Specifically, this bill :
1)Stated that as a result of the closure and lack of staffing at
numerous state parks, those parks and other resource lands
have become infested with illegal marijuana cultivation.
2)Stated that the illegal marijuana growing sites create a
hazard for those who recreate on these public resource lands.
Some of the most recent events that showed the relative danger
was the murder of Fort Bragg City Council Member Jere Melo who
surveyed the forest for illegal marijuana growth in connection
with local law enforcement and was killed in the course of his
job.
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3)Stated that marijuana grow sites often are constructed without
regard for the environment or wildlife.
4)Stated that because the illegal marijuana cultivation
operations are set up deep in resource land, all the equipment
is brought in and constructed without consideration for the
environmental effects.
5)Stated that many illegal marijuana grow sites include water
diversion with irrigation pipes, generators, and batteries to
power the cultivation equipment and camp, illegal damming and
water diversion, and pesticides and insecticides that are
sometimes added directly to streams and ponds.
6)Stated that illegal water diversion for the purpose of
cultivating marijuana poses a direct threat to California's
endangered coho salmon. The legislature finds that in order
to prevent their extinction from northern California waters,
it is imperative that habitat restoration occurs. It is the
intent of the Legislature to have local jurisdictions, where
applicable, utilize a portion of the funds from the clean-up
and abatement funds collected pursuant to this act to address
coho salmon habitat and recovery.
7)Required that an individual who is found to have violated
specified sections of the Fish and Game Code in connection
with cultivation or production of a controlled substance
within the respective jurisdiction of the Department of Parks
and Recreation, the Department of Fish and Game, the
Department of Forestry and Fire Protection, the United States
Forest Service, or the Bureau of Land Management, or within
the respective ownership of specified timberland preserve
zones, shall be liable for a civil penalty in the following
amounts:
a) Not more than $10,000 for a person who violates Fish and
Game Code Section 1602 in connection with the cultivation
or production of a controlled substance;
b) Not more than $40,000 for a person who violates Fish and
Game Code Section 5650 in connection with the cultivation
or production of a controlled substance; or,
c) Not more than $40,000 for a person who violates Fish and
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Game Code Section 5652 in connection with the cultivation
or production of a controlled substance.
8)Stated that a civil penalty imposed under this section is in
addition to any other penalty imposed.
9)Stated that the civil penalties collected pursuant to this
section are not considered to be fines or forfeitures, and
shall be apportioned as follows:
a) 30% must be distributed to the county in which the
violation was committed. The county board of supervisors
must first use any revenues from those penalties to
reimburse the costs incurred by the district attorney or
city attorney investigating and prosecuting the violation;
b) 30% must be distributed to the investigating agency to
be used to reimburse the cost of any investigation directly
related to the violations described in this section; and,
c) 40% must be distributed to the agency performing the
clean up or abatement of the cultivation or production site
for the reimbursement of all reasonable costs associated
with the clean up or abatement.
10)Allowed the California Highway Patrol, sheriff or deputy
sheriff to stop any vehicle transporting agricultural
irrigation supplies that are in plain view to inspect the
bills of lading, shipping or delivery papers, or other
evidence to determine whether the driver is in legal
possession of the load, if the vehicle is on a rock road or
unpaved road as follows:
a) Located within the respective jurisdiction of the
Department of Parks and Recreation, the Department of Fish
and Game, the Department of Forestry and Fire Protection,
the United States Forest Service, or the Bureau of Land
Management; or,
b) Located within the respective ownership of a timberland
preserve zone, as specified, either that is larger than
50,000 acres or for which the owner has given express
written permission for a vehicle to be stopped within that
zone pursuant to this section.
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11)Required a law enforcement officer who has reasonable belief
that the driver of the vehicle is not in legal possession of
the agricultural irrigation supplies, to take custody of the
vehicle and load and turn them over to the custody of the
sheriff of the county where the supplies are apprehended.
12)Required the sheriff to receive and provide for the
safekeeping of any agricultural irrigation supplies seized,
and proceed, with the California Highway Patrol, with an
investigation and its legal disposition.
13)Stated that any expense incurred by the sheriff in the
performance of his or her duties under this section shall be a
legal charge against the county.
14)Stated that a peace officer shall not cause impoundment of
the vehicle stopped pursuant to this section if the only
offense is driving without a license, as specified. If an
officer does encounter a driver without a license, the peace
officer shall make a reasonable attempt to identify the
registered owner of the vehicle. If the owner is present, or
the officer is able to identify the registered owner and
secure his or her authorization to release the vehicle to a
licensed driver, the vehicle shall be released to either the
registered owner or to the licensed driver authorized by the
owner.
15)Defined "agricultural irrigation supplies" as including
agricultural irrigation water bladder and drip irrigation
tubing.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Illegal marijuana
cultivation on resource land has become a significant problem in
my district and many other parts of the state. Growing
marijuana on state and private resource land presents a public
safety and environmental hazard. People can no longer rely on
these lands as a safe place to recreate and large scale damage
is being done to the immediate grow site and surrounding areas.
Law Enforcement Agencies have limited resources like so many
other services in this economic climate. The focus of many
agencies finite resources have shift to marijuana enforcement
from their original mission. This bill would give law
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enforcement agencies the tools to prevent the establishment of
illegal marijuana grow sites on resource land and to recuperate
some of the resources spent to investigate, eradicate and clean
up grow sites."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN:
0004877