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A bill to punish illegal pesticides will protect medical marijuana patients, Congressman says at hearing

March 24, 2023 by Kyle Jaeger

The sponsor of a bill to combat the use of banned pesticides at illegal marijuana grow sites argued at a hearing on Thursday that the legislation will protect the health of consumers–especially medical cannabis patients.

The House Natural Resources Federal Lands Subcommittee considered the bill introduced by Reps. Scott Peters (D-CA), and Doug LaMalfa, .

Although it might seem that there is an additional federal effort to curb illegal cannabis production, the legislators have stated that the primary purpose of the Targeting and Offsetting Illegal Contaminants Act (TOXIC) is to protect consumers and the environment.

Peters stated at Thursday’s hearing, “When cannabis plants are treated using illegal pesticides the chemicals can be absorbed and end up in the consumer product.”

The congressman stated that cannabis that has been contaminated with illegal pesticides could cause a variety of adverse health effects, including lingering nausea, respiratory problems, and acute sickness. This is especially concerning for medical cannabis users, who may rely on cannabis for relief from various symptoms. However, they might not be able to afford safe market rates cannabis at the current price points.

Advocates, industry stakeholders, and regulators all share a concern about the environment caused by illicit grows. These illegal pesticides can pollute water and soil, and even poison wildlife.

Tom Tiffany (Republican-WI) is the chairman of Subcommittee. He stated that illegal cannabis cultivation causes “significant environmental degradation”, harm to wildlife, increased criminality, and catastrophic wildfires.

He said that the Mexican drug cartels responsible for these sites were causing a lot of damage. One site has cleanup crews in hazmat suits who remove over 3,000 pounds waste and trash, as well as 1,100 pounds fertilizer and banned pesticides. They use dangerous chemicals. A 600-pound black bear could be killed by one teaspoon.

Chris French, U.S. Forest Service, Deputy Chief for National Forest Systems, stated at the hearing, that illegal cannabis cultivation “affects public safety and environment, with pesticides poisoning animals and humans.” He also said that the legislation gives his agency “very valuable” resources for remediation.

The federal official stated in written testimony that his agency would like to collaborate with the bill sponsors, subcommittee and on technical changes to better describe the Forest Service’s enforcement authority as well as the remediation activities to take place.

Advocates have maintained for years that regulated cannabis markets are better for consumers. Products must be subject to testing and other compliance policies.

Both Peters and LaMalfa represent California, where illegal cultivation continues to be a problem despite legalization.

The majority of California’s localities have banned at least certain types of marijuana businesses in their area. There is also an extensive network of public lands that illicit growers can use to hide their activities. This has led to continued demand for illegal products.

LaMalfa is the Republican sponsor and is not a fan of cannabis. even posted an iconic video in which he bulldozes illegal crops along with law enforcement in California in 2021.

Toxic Act, which was not passed last session, offers a two-tiered solution to the problem. The bill would provide funding of up to $250,000,000 for the U.S. Forest Service over five years. This money will be used to repair areas where banned pesticides were used in unsanctioned cannabis cultivation, and to increase criminal penalties for those who used them.

It would also increase criminal sanctions for the use banned pesticides to illegally grow marijuana.

Peters stated that the stakes were high for the environment and health of the public. However, too many people who operate illicit cannabis grow sites are given slaps when they’re caught. “The TOXIC Act will restore ecosystem health, reduce cross-border flow of toxic chemicals, protect consumers’ health, and support cannabis businesses that are regulated in accordance with the law.”

The bill was not approved by the panel on Thursday.

Marijuana Moment tracks more than 1000 cannabis, psychedelics, and drug policy bills in the state legislatures and Congress this yea. Patreon supporters who pledge at least $25 per month get access to our interactive maps and charts, as well as a hearing calendar, so they don’t miss any developments.

Get access to our marijuana bill tracker by becoming a Patreon supporter.

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The Congressional legislators have also sought funding for remediation efforts in relation to illegal marijuana grow in appropriations, and defense legislation. For example, last year, Sens. Dianne Feinstein (D-CA), and Alex Padilla (D-CA), proposed an amendment to the defense bill that would allow for federal, state and tribal collaboration to address remediation on lands damaged by illegal cannabis cultivation.

Officials in California announced at the state level that they are inviting concept proposals for a program to assist small marijuana growers with environmental cleanup and restoration.

The federal Fish and Wildlife Services (FWS), stated last month that high costs for marijuana business licensing in California contribute to illegal grow sites where unauthorized chemicals and are being used. This is threatening species of spotted Owls.

California officials announced separately last month that they are launching a grant program for cities and counties to help them establish local cannabis business licensing programs. This will address unmet consumer demand, and help curb the illegal market.

The Department of Cannabis Control (DCC) Local Jurisdiction retail access grant will provide $20 million funding to localities in the state. It is aimed at those areas where surveys indicate a disconnect between availability of licensed retailers, and the rates of cannabis use among adult users.

California legislators passed and signed a bill last year to combat the illegal market. It included the elimination state’s cannabis cultivation taxes.

Also last year, a pair of GOP congressional lawmakers asked key cabinet officials in the Biden administration to study the environmental impacts of marijuana cultivation–acknowledging both the intensive electrical demand that growing cannabis can involve as well as the role that legalization can play in setting regulations for the plant.


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Photo by Chris Wallis // Side Pocket Images.

The post Bill to Punish Illegal Pesticides will Protect Medical Marijuana Patient, Congressman Says at Hearing originally appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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