A Federal Register notice published on Feb. 23 explains how illegal cannabis grows in California are harmful to spotted owls, which are native to California. The U.S. Fish and Wildlife Services (FWS) agency proposed the addition of two distinct population segments (DPS) of California Spotted Owl to be added to the Endangered Species Act of 1973 (which turns 50 years old in 2023). This includes a Coastal-Southern California DPS, which FWS proposes to be listed as endangered, and the Sierra Nevada DPS, which FWS proposes to be listed as threatened.

Among the FWS’s recommendations to help preserve the habitat of these particular spotted owls, FWS calls for action to reduce risk of wildfires (such as prescribed burns), target habitat management and restoration to help conserve the species, and improved cleanup after illegal cannabis grows.

“Management or cleanup activities that remove toxicants and other chemicals from trespass cannabis cultivation sites in California spotted owl habitat,” FWS wrote. “Cleanup of these sites may involve activities that may cause localized, short-term disturbance to California spotted owls, as well as require limited removal of some habitat structures valuable to California spotted owls (e.g., hazard trees that may be a suitable nest site).”

The FWS analyzed potential threats to these owls, such as parasites caused by climate change, extreme weather events, and more. In one scenario, the agency addressed the ongoing issue with high cannabis cultivator fees. “There will likely continue to be an increase in demand for marijuana, which may increase illegal grow sites using anticoagulant rodenticides in California if the costs of buying land and acquiring/maintaining permits to legalize a grow operation are too high,” the agency wrote.

Furthermore, the agency notes that anticoagulant rodenticide has increased with the rise in illegal cannabis operations. “A comparison of marijuana cultivation site likelihood with northern spotted owl suitable habitat found almost 50 percent overlap between the two,” the agency stated. “Although the number of illegal marijuana growing operations within the California spotted owl’s range is unknown, considering the number of illegal marijuana growing operations found throughout the State, there are likely thousands within the California spotted owl’s range.”

Law enforcement is regularly investigating and shutting down illegal cannabis grows, but FWS notes that their job is only to shut down the operation. “… there is currently no standardized clean-up protocol and a limited amount of funding to ensure removal of all rodenticides.”

Sacramento Fish and Wildlife Office Field Supervisor Michael Fris is hopeful that these FWS recommendations will help restore this population of owls. “Our goal is to help the California spotted owl recover across its range,” said Fris. “Ongoing collaboration with a number of partners will result in positive conservation gains and put this species on the road to recovery.”

The impact of illegal cannabis grows has negatively affected many other species and habitats as well. The California Department of Fish and Wildlife has previously targeted illegal grows during the summer growing season, both in 2022 as well as in 2021. Specifically, the waterways which countless animals rely on, such as salamanders, frogs, and salmon, have been threatened both due to drought, as well as illegal cannabis growers often divert water to grow their crops.

Cannabis grows are illegally using water and polluting groundwater in areas like San Bernardino County too. Efforts have been made to counter the water being taken and contaminated, according to Assemblymember Tom Lackey, who is a resident in the southern California high desert. “To any of those who are engaged in the illicit grows: I want you to know there’s a collective effort, and we’re coming after you,” Lackey said. “You come after a very sacred thing: our community. You come after our desert, and you’re stealing our water. You’re poisoning our land, and enough is enough.”

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The Josephine Marijuana Enforcement Team (JMET) worked with Josephine County Code Enforcement to raid the grow on Aug. 4 in Selma, located in the southwestern region of Oregon. In addition to seizing over 140 plants, 200 pounds of illegal cannabis were also seized and destroyed.

According to the Josephine County Sheriff’s Office, the size of the grow wasn’t a big deal. “Although the size of this grow operation was not large in comparison to others we have seen this year, it was well beyond the legal limit of four plants allowed per Oregon State Law,” the department wrote in a Marijuana Search Warrant document. Just a few days before this raid occurred, JMET conducted four other search warrants and found over 12,000 plants, and over 4,535 kilograms of processed cannabis.

However the report did briefly address why they left four plants behind. “JMET always leaves four legal marijuana plants when we dismantle each grow operation,” the report continued.

One person was arrested on site of the most recent raid, a 51-year-old man charged with unlawful manufacturing and possession of cannabis. Due to other violations on site, including “multiple electrical and solid waste code violations,” this could also result in “civil forfeiture of the property.” It was not specified who would care for the four remaining cannabis plants while the arrested individual is absent.

According to NORML, cultivating four to eight plants in Oregon is considered a misdemeanor, with the possibility of six months jail time and a fine of up to $2,500. Cultivation of more than eight plants is a felony, which could lead to up to 5 years in prison and up to $125,000 in fines.

In October 2021, the Jackson County Board of Supervisors called a State of Emergency regarding the influx of illegal cultivation, and petitioned Gov. Kate Brown for assistance. “Since recreational marijuana was legalized by the voters of Oregon in the November 2014 general election, the illegal and unlawful production of marijuana in our county has overwhelmed the ability of our county and state regulators to enforce relevant laws in our community,” said Jackson County Commissioner Rick Dyer.

Gov. Brown’s spokesperson, Charles Boyle, echoed the support of the governor regarding the need for assistance. “The message is clear—Oregon is not open for business to illegal cannabis grows,” said Boyle. “These are criminal enterprises that deplete water resources while our state is in drought, hold their workforce in inhumane conditions and severely harm our legal cannabis marketplace.”

In December 2021, Gov. Brown passed Senate Bill 893, which provided $25 million to help fund state law enforcement and local community organizations fight against illegal cultivation. Sen. Jeff Golden, who supported the measure, explained the harms of illegal cannabis cultivation both for the environment, as well as legal growers. “Illegal cannabis operations in southern Oregon have been using our limited water supply, abusing local workers, threatening neighbors and negatively impacting businesses run by legal marijuana growers,” Golden said last year.

Oregon has also become home to legislation that will soon allow legal psilocybin therapy programs. The first set of rules will take effect in January 2023, with the rest being finalized by Dec. 31, 2023. However, a few regions of Oregon, such as Linn County, have approved or are considering banning psilocybin treatment centers. Individuals such as Linn County Commissioner Roger Nyquist expressed concerns of potential harm. “My fear is of young people taking mushrooms and going out and doing things that may cost them their life,” Nyquist said. “I just think it’s appropriate to refer this measure to the voters in Linn County and allow them to have a say in this, particularly because they did not vote to support this measure in the first place.”

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