Photo by then-Supervisor Mark Lovelace, 2012. From the LoCO archives.

From the office of Senator Mike McGuire:

Senator Mike McGuire’s critical environmental legislation that cracks down on illegal forest conversions to cannabis or other agricultural operations has passed both houses of the legislature with bi-partisan support and is being sent to Governor Brown for his signature.

SB 1453 is critically important to protect pristine California forestland from illegal clearing to cannabis conversions which decimates  watersheds and pollutes drinking water supplies and kills wildlife. The bear-like mammal, the Fisher, is close to extinction due to the practices of rogue cannabis growers.

Illegal timberland conversion to cannabis violations have jumped over 200 percent since the passage of the Medical Marijuana Regulation and Safety Act (MMRSA) in 2015, rising from 30 in 2015 to 99 in 2017 and over the last 20 years, thousands of acres of California forestland have been illegally converted.

This sharp increase in Forest Practice Act violations from illegal conversions of timberland for cannabis cultivation operations has restricted the ability of CalFire investigators to pursue rogue cannabis grows. To make matters worse, the current statute of limitations makes it extremely difficult for CalFire investigators to become aware of a potential violation, investigate it, prepare a report, and then refer the matter to a District Attorney or the Attorney General’s Office so that a civil action can be filed in time.

Senator McGuire’s SB 1453 extends the statute of limitations for illegal conversions of timberland to agricultural uses from one year to three years, upon the discovery of the illegal clearing which is a critical change that will assist in prosecuting these offenses.

“Many in the industry are doing the right thing and becoming licensed. Illegal conversions are still a massive problem and they pollute our watersheds, threaten drinking water supplies, kill wildlife and usher in near irreversible harm to California’s beloved forests,” Senator Mike McGuire said. “SB 1453 will give CalFire investigators and prosecutors the time they need to successfully throw the book at these rogue growers who are destroying our forests and it provides authorities time to address these terrible acts.”

SB 1453 is modeled after previous action by the legislature, which has already created a three-year statute of limitations for other similar violations, such as violations of a Fish and Wildlife streambed alteration permit, which often occur in conjunction with violations of the Forest Practice Act & Rules.

The bill is supported by a broad coalition including California District Attorneys Association, Sierra Club, Save the Redwoods, The Nature Conservancy, and many others. SB 1453 passed in the legislature and is being sent to Governor Brown, who has until September 30 to sign this year’s legislation.