State senator pushes for more stringent illegal cannabis enforcement

Alvarado-Gil’s bill also includes asset forfeiture

Senator Marie AlvaradoGil, who represents California’s Fourth Senate District, which includes Inyo and Mono counties, presented Senate Bill 820 on the Senate Floor this week, addressing the need for more rigorous cannabis enforcement to enhance public safety, protect the environment, and incentivize illegal growers to enter the legal market.

The bill would also allow law enforcement to seize specific property located at illegal marijuana cultivation sites after an inspection warrant has been obtained.

Existing law authorizes the seizure of property used in the unlicensed manufacturing of hard liquor (i.e., moonshining), but does not apply to the unlicensed production of cannabis.

Many illicit cannabis operations are able to quickly recover following enforcement actions due to complicit landlords, exploitation of workers, and remaining specialty equipment used for the cultivation and manufacturing of cannabis.

In 2021, the California Department of Fish and Wildlife eradicated 2.6 million illegal cannabis plants, seized 794 firearms, discarded over 32,000 pounds of trash from public lands, and removed 404 illegal water diversions.

Additionally, the

Unified Cannabis Enforcement Taskforce seized a combined total of $9.5 million in cash, and a retail value of over $1.3 billion in seized cannabis product between 2021 and 2022.

“We are almost seven years post implementation of Proposition 64, which legalized recreational marijuana, and still seeing the negative impacts of illegal cannabis cultivation on the legal market. Unlicensed cannabis farms put law-abiding growers, those who pay required fees and taxes, at a great disadvantage. Additionally, the impact on the legal market has had a disproportionate effect on social equity retailers,” said Senator Alvarado-Gil.

Senator Alvarado-Gil is intent on protecting small businesses that cultivate less than 1,000 plants, in addition to protecting workers employed by illegal growers.

SB 820 would target unlicensed cultivation sites containing over 1,000 marijuana plants and would enable law enforcement to dismantle the equipment used in those illegal grows as a deterrent for relaunching illegal operations.

Additionally, unlicensed cannabis businesses currently working to obtain licensure from the state would be exempt from these seizures. SB 820 would invest 15-percent of enforcement proceeds to the local jurisdiction and 85% of funds into the Cannabis Control Fund to support equity programs.

Chris Lopez, board chair of Rural County Representatives of California, supports SB 820 saying, “The battle against the illicit cannabis market has been a persistent and formidable challenge for our counties.”