Today,
Humboldt County District Attorney Maggie Fleming announced that
yesterday 33-year-old Sean C. Appelbaum, of Dinsmore, California, pled guilty
to a felony violation of cultivating marijuana resulting in
environmental violation (Health and Safety Code § 11358(d)(3)) and
admitted to being personally armed during the commission of that
felony (Penal Code § 12022(a)(1)). In addition, Mr. Appelbaum pled
guilty to unlawfully diverting a stream, which is a misdemeanor under
Fish and Game Code §1602(a). Mr. Appelbaum faces up to 4½ years in
jail. He will return to court on June 13, 2017 for sentencing.
This
case arose on August 26, 2016 when the Humboldt County Sheriff’s
Office served a search warrant on two rural parcels near Dinsmore
owned by Mr. Appelbaum. On one of the parcels, the Sheriff’s
Office discovered unpermitted marijuana cultivation of about 2000
plants being conducted by Mr. Appelbaum. Mr. Appelbaum was found to
have leased the adjacent parcel to others for the purpose of unlawful
marijuana cultivation of over 7,000 plants. Mr. Appelbaum also had
eight firearms in a trailer on his property.
The
California Department of Fish and Wildlife’s Watershed Enforcement
Team assisted in the investigation of Mr. Appelbaum’s two parcels.
Fish and Wildlife identified numerous environmental violations on
the properties, including the filling of stream channels,
constructing an artifical dam, excavating a spring, and diverting
water to create a pond. In addition, Fish and Wildlife found a
leaking diesel tank, trash, and plant fertilizers in areas that would
drain into a tributary of the Van Duzen River. Moreover, Mr.
Appelbaum elevated sediment run-off into the tributary by using heavy
equipment to unlawfully fell trees, cut roads and form landings. Mr.
Appelbaum’s felony violation of the Health and Safety Code reflects
California’s recent changes to marijuana law via Proposition 64: a
person that unlawfully cultivates marijuana resulting in certain
environmental violations, or results in harm to public lands, or
public resources may be charged with a felony.
Landowners who lease
property where unlawful marijuana cultivation results in such
environmental harms may also be held criminally liable. In addition
to criminal penalties, landowners can face civil penalties in the
range of $8,000 to $20,000 per day for illegal water diversions,
water pollution and other violations of environmental laws.
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