Petitions to reclassify Cannabis have been proposed since the 1970s based on an ever increasing literature of clinical studies and scientific research that disputes the vague classifications of “high abuse potential, a lack of accepted safety under medical supervision and no currently accepted medical use.”8 This article of the Comprehensive Drug Abuse Prevention and Control Act was brought to the forefront of legal and political debate in 1996 when the Compassionate Use Act, or Proposition 215, passed in California, followed by 13 other states, to legalize the medical use of marijuana.9 Criteria for the legal possession of medical marijuana vary from the state to county levels, but Cannabis possession and consumption remain illegal at the federal level. In the pivotal Supreme Court decision of Gonzales v. Raich, the court ruled that the federal ban on cannabis may be enforced at all levels of jurisdiction based on the Commerce Clause of the United States Constitution. Their basis was that “incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce.”10 Despite the precedent set by this case, the development of legalized medical marijuana has led to significant changes in domestic Cannabis cultivation. In California, marijuana is cultivated in various amounts ranging from a single plant grown for personal consumption to thousands of plants per plot cultivated for commercial distribution. Law enforcement and US Forest Service reports indicate that Drug Trafficking Organizations control a significant portion of Cannabis cultivation in the United States and are establishing an increasing number of both indoor and outdoor growing sites. The primary DTOs operating in California are of Mexican origin and consist of the most powerful cartels in Mexico. The outdoor cultivation sites developed by DTOs are of special concern because they mainly occur on public lands.
Remote areas used by cultivators include land holdings managed by the US Forest Service, the Bureau of Land Management,pipp grow rack the National Park Service, the Fish and Wildlife Service, the Bureau of Indian Affairs, and the Bureau of Reclamation.11 However, DTOs also cultivate marijuana plots on private lands including conservation reserves, game lands, and large private land holdings. Marijuana cultivation on public lands is entrenched in California structurally, institutionally, economically, and culturally. The issues that surround marijuana cultivation and prevention efforts are both complex and large in scale. The systems and processes employed by both cultivators and law enforcement agencies are long established and the product of a dynamic progression. However, the scale of marijuana production and the adverse effects of cultivation have reached unprecedented proportions. Black market revenues have increased with the demand for marijuana, giving rise to criminal enterprises that go to any lengths necessary to maximize profits. The result is an oligopolistic market control, continued natural resource damage and sustained infringement on public safety.Marijuana is California’s largest cash crop, estimated to be worth between 10 and 14 billion dollars annually.12This immense profit incentive is the main cause for continual marijuana cultivation on public lands, and is based on high demand and inflated market prices. In the most highly concentrated cultivation counties in California, the economies of which are based on the marijuana industry, only a handful of cultivators are arrested each year. Marijuana has a great cultural significance which is apparent in clothing, artwork, music, and many other forms. People of all ages and backgrounds consume marijuana for a variety of reasons. It is a constant and accessible commodity, even more so than alcohol to some, and has become deeply ingrained in California culture. Its accessibility makes it easy for people to use regularly and to create substance based relationships where marijuana becomes routine in certain activities or social situations.
These habitual relationships are significant in social participation and the creation of psychological reliance. Marijuana’s unique psychoactive function distinguishes it from any other drug. Marijuana can alter one’s perception in a way to provide relief from stress, or to simply to produce a pleasurable sensory perception. The most common mechanism of ingestion, inhalation, allows the psychoactive chemicals to take effect within thirty seconds.13 Marijuana is dose dependent so people can control the intensity of their high to some extent. It is a versatile natural medicine and provides viable relief from a myriad of symptoms and diseases. While individuals have their own motivation for smoking marijuana, the cannabis plant is a deeply rooted product in American culture. Marijuana cultivation by Drug Trafficking Organizations is a relatively recent development in California history. The foremost organizations that produce commercial marijuana plantations are of Mexican descent. Other major cultivators include outfits of Canadian and South American origin as well as comparably small scale independent growers. These groups began cultivating Cannabis on public lands in order to evade border security, capitalize on lucrative domestic markets, and take advantage of the optimal growing conditions provided by California lands. Remote Cannabis cultivation requires large scale capital investments as well as a high degree of risk; however, DTOs have had a great measure of success. Traditionally, major organizations conducted drug traffic across international borders. Illegal substances were produced in foreign areas and transported across United States borders. Trafficking organizations utilized a variety of methods and a large quantity of smugglers to transport a steady flow of drugs beyond US border security with minimal losses to seizure.
Mexican cartels were notorious for supplying large amounts of low quality marijuana to the southern regions of the United States. This commercial grade marijuana was often referred to as ‘Mexican Brick Weed’; a reference to the tightly condensed ‘bricks’ of dried marijuana buds packaged for international transfer. The process of drying and condensing buds distorted bud shape, reduced THC content, and decreased overall marketability, however, high volume smuggling created a surplus of marijuana that could be sold cheaply and in large quantities to compensate for the low quality of the substance. Mexican Brick Weed contained approximately 2-3 percent THC, whereas domestically produced strains of sinsemilla, marijuana without seeds, could reach levels upwards of 10 percent THC.14 In most areas of California, Mexican marijuana could not compete with domestically produced strains in terms of quality; only in competitive price. The risk involved with Cannabis cultivation enabled local growers and distributors to charge high prices, while the methods of pollination prevention, crossbreeding, and nutrient additives created highly psychoactive buds that maintained a widespread demand in California and across the nation. Domestic marijuana cultivation traditionally occurred on a small scale by California residents. Small gardens were tended by a few people on private property, or a nearby location where plots of up to one hundred plants were grown.15 While marijuana cultivation remained illegal, this method provided a form of income and sustenance for people living in rural areas. Grow sites were generally outdoors near an accessible water source, and growers lived in local proximity to their sites. These small scale plantations were the primary producers of the marijuana sold in California up until early 1980s, when large scale organizations entered into marijuana production inside the US. These policies initiated a transition in immigration practices that allowed more Mexican laborers to legally enter the United States while deterring illegal methods of entry by tightening border security. The increased border security led to higher rates of drug seizure. These shifts in immigration were reinforced by the Immigration Act of 1990, which increased the limits on legal immigration, changed the status of aliens, and further increased border security by deploying a regular presence of National Guard troops to assist with Border Patrol.17 As the presence of law enforcement troops increased, the funding for extended patrols, searches and seizures increased as well. These measures threatened the flow of non-documented laborers and restricted the ability for Mexican organizations to regularly transport drugs across the border. As more traffickers were intercepted, DTOs responded by developing products within US borders.18 During the early 1990s the Mexican cartels began to participate in the trend that originated in California in the early 1980s. In response to increased marijuana related property seizures, California citizens began to grow marijuana on public lands because it made “ownership of marijuana… difficult to prove.” Growing Cannabis outside of personal property enabled local cultivators to limit investments on land and greatly reduced both the probability of getting caught and the liability of losing their property to the state.
Commercial growers were able to diversify and decentralize their cultivation sites in order to make them less vulnerable. This cultivation model was ideal for cartels because they did not need to acquire land and could operate undetected by discreetly encroaching on remote landscapes. Meanwhile,pipp horticulture racks the dynamics of the marijuana market in California began to change as a result of state level policy changes. In 1996, the Compassionate Use Act, Proposition 215, passed 55.6 percent to 44.4 percent to allow medical marijuana to be legally grown and consumed in California, soon followed by thirteen other states. Minimal regulation of doctor prescribed medical marijuana cards allowed cultivators to easily enter into the medical marijuana market. The new legal standing of marijuana decreased the consequences for cultivation on the whole, and often enabled traditional commercial cultivation to occur under the umbrella of the Compassionate Use Act. This proposition reduced the scale of some grow sites by setting limitations on legally cultivated amounts, but it also significantly increased the number of growers. Proposition 215 created a political climate conducive to innovative cultivator practices. Access to important infrastructure and Cannabis enhancing inputs increased because cultivation efforts no longer needed to be kept completely secret. Commercial outlets and plant nurseries could supply high technology indoor and outdoor grow systems along with all of the associated inputs. As a result, more specialized systems were designed and sold commercially. As time passed, individuals increasingly experimented with techniques in crossbreeding, transgenesis, and high-tech indoor cultivation environments. Meticulous grower experimentation and utilization of extensive inputs increased the quality of high grade marijuana by increasing THC and Cannabinoid contents.Whereas the THC content of marijuana previously peaked around 12%, new strains could reach levels upward of 20%.The change in California state marijuana policy decreased the demand for lower quality imported marijuana. California’s Mediterranean climate, abundant water, and loamy organic soils provide ideal growing conditions. By increasing cultivation operations on US lands, DTOs were able to exploit the abundant resources, and domestic research and development necessary to produce high quality psychoactive Cannabis. The transition from traditional marijuana cultivation to DTO operated cultivation has transformed the scale, methods, economic scope, and environmental impact of marijuana growing. Land encroachment practices have likely increased cartel expenditures compared to traditional trafficking methods, but they have also increased market accessibility, demand and price. The marijuana market has become big business, and is estimated to be the most profitable industry in California.However, the primary profiteers are safeguarded outside of the US. Modern DTOs are international organizations governed by tight hierarchical structures, the upper ranks of which are controlled by familial ties.The logistics of their operations are meticulously planned and highly organized. DTOs are sophisticated in their methods, technologically advanced in their systems, and resourceful in their practices. They choose unusual locations to evade detection, even planting in sites not considered conducive for Cannabis cultivation. Grower methods for entering sites are both inventive and evasive. Suppliers drop off materials at inconspicuous locations during night hours in order to remain undetected. Laborers use irregular entry points and carry the supplies on their backs, hiking long distances off established paths through the darkness. These men sometimes carry more than their body weight in supplies over extremely rough terrain, and are careful to remove evidence of their presence. While some individuals use night vision goggles to navigate in the darkness, they still cross terrain that is dangerous in full daylight without added weight. DTO-established sites are setup and operated by two to fifteen people, several of which live on location. A select number of workers with specialized technical expertise rotate between sites and aid in preparation according to their skill set .The men who live on site throughout the season are usually Mexican nationals recruited out of economic desperation or to settle a debt to a Cartel. Their payment depends on the delivery of a complete harvest of marijuana buds without detection.