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Where There S Smoke The Environmental Science Public Policy and Politics of Marijuana Char Miller
Where There S Smoke The Environmental Science Public Policy and Politics of Marijuana Char Miller
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Where There’s Smoke
Where There’s Smoke
The Environmental Science,
Public Policy, and
Politics of Marijuana
10 9 8 7 6 5 4 3 2 1
The paper used in this publication is recycled and contains 30 percent
postconsumer waste. It is acid free and meets the minimum requirements of the
American National Standard for Permanence of Paper for Printed Library
Materials Z39.48-1992.
Contents
Introduction
PART ONE: GROWING PROBLEMS
1. Cannabis Agriculture in California: The Environmental Consequences of
Prohibition
Anthony Silvaggio
2. Ecological Impacts across the Landscape: Trespass Marijuana Cultivation
on Western Public Lands
Greta M. Wengert, Mourad W. Gabriel, J. Mark Higley, and Craig Thompson
3. Effects of Illegal Marijuana Cultivation on Wildlife: Pesticide Exposure in a
Native Carnivore and Consequences for the Species’ Survival
Craig Thompson, Mourad W. Gabriel, Greta M. Wengert, and J. Mark Higley
4. The Marijuana Green Rush Is Anything but Green: A Report from the
Hoopa Tribal Lands
J. Mark Higley, Greta M. Wengert, Dawn M. Blake, and Mourad W. Gabriel
5. Managers’ Perceptions of Illegal Marijuana Cultivation on US Federal
Lands
Jeff Rose, Matthew T. J. Brownlee, and Kelly S. Bricker
PART TWO: DOWNWIND CONSEQUENCES
6. Mission Croy Road: Gunmen, a K9, and a Pack Mule Named Stanley
John Nores Jr.
7. Double Bind: The Intractability of Undocumented Immigrant Trespass
Marijuana Grow Operations in US National Forests
Amos Irwin
8. Southern Exposure: Marijuana and Labor in the Appalachians
Hawes Spencer and Char Miller
PART THREE: REGIONAL VARIETIES
9. Low, Slow, and in Control: Colorado’s Experiment with Legalized
Recreational Marijuana
Courtenay W. Daum
10. Legalized, Regulated, and Taxed: How Oregon’s Marijuana Measure Went
Mainstream
Anthony Johnson
11. “This Is Democracy Held Hostage”: Cannabis in the Capital
Karen D. August and Char Miller
12. Cannabis Legalization in California: A Long and Winding Road
Amanda Reiman
Not every member of Congress gets to wear a “screamer suit” when conducting
site visits in their home districts—though maybe more should. My chance to get
buckled into the strangely comfortable, sling-like harness came in August 2014 at
the end of a long day witnessing the aftermath of a bust of a significant trespass
marijuana growing operation. I was on French Creek in the Shasta-Trinity
National Forest, in the Trinity Alps wilderness—one of the most remote corners
of the district I represent in Congress, and more than 200 miles north of the San
Francisco Bay Area. The day had started out with another unusual experience for a
then first-term member of Congress: an early morning departure from Moffett
Field aboard a Blackhawk helicopter that carried me those many miles north to a
landing zone near the trespass grow, followed by a 2-mile bushwhacking “hike”
down rugged, steep terrain.
I arrived a couple hours after the initial raid, as evidence was being gathered
and an environmental assessment was getting underway. But even without a
formal assessment you could see the damage that this relatively small trespass
grow of a few thousand plants had inflicted. To feed an elaborate irrigation system,
two springs had been tapped and completely diverted—dewatering small creeks
that lead into protected rivers. Many trees had been leveled to open up the canopy
so that the rows of marijuana plants could thrive in the warm California sun;
fertilizer and rodenticide was spread all over the place. The “camp” was essentially
a garbage dump that looked like well over a dozen people had lived there, though
only three were seen running away when law enforcement arrived.
This operation was one of many that summer, each the result of a broad
collaboration between interested parties, from the California National Guard, to
law enforcement and fish and wildlife agencies at all levels, to scientists from UC
Davis. In my district, these efforts have also operated in conjunction with the
tribal officials and agencies who call the region home: in the case of the raid I
witnessed it was the Hoopa Valley Tribe who participated. The next year,
Operation Yurok targeted multiple trespass marijuana sites in and around the
Yurok Reservation.
Figure F.1. From left: Mark Higley, Lieutenant (Retired) R. P. Gaske, Warden Tim Bola,
Congressman Jared Huffman, Dr. Mourad Gabriel, and Dr. Greta Wengert. Courtesy of the Integral
Ecology Research Center
Yet each of these successful operations still only addresses a small fraction of
the larger problem. Although shutting down trespass grow sites in these
coordinated raids can stop the harm, there aren’t dedicated funds to fully clean up
and remediate the affected areas, meaning that wilderness, wildlife, and everything
downstream continue to feel the effects. Just how devastating these sites can be is
captured in the following data about what federal, state, and local authorities
hauled out of only seven sites in Trinity and Humboldt Counties in one season:
This project has benefited most from the keen insights of, and occasional nudges
from, Kim Hogeland at the University Press of Kansas. She had seen a piece I had
written about marijuana’s impact on the national forests and other public lands
and thought that the subject required a longer and more detailed exploration: this
anthology is a direct outgrowth of her initial idea. Ever since, she has been a wise
critic and supportive voice—an ideal editor!
Equally ideal have been the many contributors to this project. Their fields of
study range across the academic disciplines and also include policy makers, law
enforcement officers, and activists: their varied perspectives have given this
volume an energy and timeliness it otherwise would not have had. This dynamic
array of voices and concerns captured the imagination of the anonymous readers
who vetted the book proposal and then the final manuscript. In the process, they
offered some telling suggestions, making the whole a more compelling
contribution to the close analysis of marijuana’s impact on the land and in politics.
I am grateful to them all, gratitude that extends to artist Mike Flugennock and
various organizations and entities who have given us permission to use images to
illustrate the various chapters. As always, a shout-out to my remarkable colleagues
at the Claremont Colleges Library and across the Claremont Consortium, who
make this community such a stellar environment in which to teach, research, and
write.
Introduction
The Sobreanes Fire, which blew up on July 22, 2016, was a monster. A wind-
driven inferno, it roared across more than 70,000 acres of Garrapata State Park and
the adjoining Los Padres National Forest on the Central Coast of California.
Burning through redwood, pine, and chaparral, it killed one firefighter, destroyed
dozens of homes, and forced the evacuation of more than 300 people living in
remote canyons and rugged mountains. Among those fleeing for their lives were at
least eleven men who had been managing an unknown number of trespass
marijuana grows in rough backcountry. The county deputies who rescued these
men could not arrest them because the fire had consumed the evidence; one crew
of pot growers admitted that they had been tending 900 plants, with an estimated
street value of $1 million. Neither firefighters nor law enforcement officers were
surprised at the size of the operation or the number of people involved in its
management. “We have them all over,” said Sergeant Kathy Palazzolo of the
Monterey County Sheriff ’s Department. They are located “all throughout the
county, in the national forest, on private property, in riverbeds, we find them all
over” (AP/CBS News 2016).
Beginning in late winter, these men—and those like them throughout the state
and other major growing areas across the country—had hiked over isolated hills,
up through ravines, and picked their way along boulder-strewn creek beds in
search of relatively flat ground with access to even a thin trickle of water. Once
they had selected a site, they would have dropped their bulky backpacks weighed
down with tools, food, poison, plastic piping, and tents, and begun clearing the
ground with hoes, shovels, and chainsaws. As they opened up the canopy, leaving
just enough shade to camouflage their activities from aerial surveillance, they
would have sprayed heavy amounts of herbicides to stop plants, shrubs, and trees
from resprouting and to suppress invasive plants from gaining a toehold. Usually
undocumented and toiling under the watchful eye of the drug cartels for whom
they are often forced to work, these laborers would have laid out waterlines, built
check dams, and prepared the soil before planting row upon row of cannabis
seeds. Within weeks, as the earth and air warmed, the marijuana would have
grown quickly.
The drug cartels running these illegal grows have been targeting the US public
lands generally, but their special target has been the Golden State’s 20 million
acres of national forests. The cartels have targeted these forests, along with state,
tribal, and county lands, in large part because they are often so remote. The
combined impact that these illegal grows have had on these diverse terrains has
been devastating, too. “Marijuana growing on public lands has been going on for
30-plus years, but they have just expanded dramatically,” Daryl Rush, a special
agent in the Forest Service’s Law Enforcement and Investigations Unit, has
pointed out. “Every forest is impacted, and the majority of our workload is on
marijuana investigations on the forest” (Rush 2014).
The Los Padres National Forest has been among the most battered. In 2013 law
enforcement teams discovered forty-seven trespass grows, uprooted 181,139
marijuana plants (the most in the state that year), and removed the following
material:
WORKS CITED
AP/CBS News. 2016. “Firefighters Struggle to Get Upper Hand on Massive Calif. Wildfire.” July
28. http://www.cbsnews.com/news/firefighters-struggle-to-get-upper-hand-on-massive-
california-wildfire.
Bauer, S., J. Olson, A. Cockrill, M. van Hattem, L. Miller, M. Tauzer, et al. 2015. “Impacts of
Surface Water Diversions for Marijuana Cultivation on Aquatic Habitat in Four Northwestern
California Watersheds.” PLOS ONE 10(3): e0120016. doi:10.1371/jour nal.pone.0120016.
Carson, R. 1962. Silent Spring. Boston: Houghton Mifflin.
Central Valley California HIDTA. 2010. “Marijuana Production: The Cause and Effect.” December
10.
Democratic Party Platform. 2016. https://www.demconvention.com/platform.
Jensen, E. L., and A. Roussell. 2016. “Field Observations of the Developing Recreational Cannabis
Economy in Washington State.” International Journal of Drug Policy 33: 96–101.
http://dx.doi.org/10.1016/j.drugpo.2016.02.023.
KTVU. 2016. “Investigators Target Toxic Poisons Used to Foster Illegal Marijuana Growth.” May
20. http://www.ktvu.com/news/143494177-story.
“Marijuana Cultivation on US Public Lands.” 2011. US Senate Caucus on International Narcotics
Control, 112th Congress, First Session. December 7. https://www.hsdl.org/?
view&did=695923.
Nores, John. 2016. Email communication to Char Miller. July 21. In author’s possession.
Rush, D. 2014. Interview in “Marijuana Grows and Restoration,” USDA Forest Service video.
https://www.youtube.com/watch?v=IFNe_KZhPZw.
Souder, W. 2013. On a Farther Shore: The Life and Legacy of Rachel Carson. New York: Broadway
Books.
PART ONE
Growing Problems
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no related content on Scribd:
Mask Production Division Lt. L. A. Elliott
Medical Department Major T. L. Gore
Pathological Division Lt. H. A. Kuhn
Quartermaster Capt. H. L. Hudson
Department
Finance Department Capt. C. R. Insley
Development Division
The Development Division had its origin in the research
laboratories of the National Carbon Company and of the National
Lamp Works of the General Electric Company. Both of these
companies knew charcoal, and they were asked to produce a
satisfactory absorbent charcoal. The success of this undertaking will
be seen in the chapter on Absorbents. After a short time all the
laboratory work was taken over by the National Carbon Co., while
the developmental work was assigned to the National Lamp Works.
When the final organization of the Chemical Warfare Service took
place, the National Carbon Laboratory became part of the Research
Division, while the National Lamp Works became the Defense
Section of the Development Division.
The Development Division may be considered as having been
composed of the following sections:
1. Defense
2. Offense
3. Midland
4. Willoughby
5. Special Investigation.
Proving Division
The Proving Division had its origin in the decision to build an
Experimental Ground for gas warfare under the direction of the
Trench Warfare Section of the Ordnance Department. While this
decision was reached about September, 1917, actual work on the
final location (Lakehurst, N. J.) was not started until March 26, 1918,
and the construction work was not completed until August 1, 1918.
However, firing trials were started on April 25, 1918, and in all 82
were carried out.
The Proving Division was created to do two things: To experiment
with gas shell before they reached the point where they could be
manufactured safely in large numbers for shipment overseas; and to
prove gas shell, presumably perfect and ready for shipment, to guard
against any mechanical inaccuracies in manufacture or filling. It is
evident that the second proposition is dependent upon the first. Shell
can not be proved to ascertain the effect of gases under various
conditions and concentrations until the mechanical details of the
shell itself, purely an Ordnance matter, have been standardized.
Unfortunately many of the tests carried out had to do with this very
question of testing Ordnance.
For field concentration work two complete and separate lines of
trenches were used and also several impact grounds. The trenches
were built to simulate the trenches actually used in warfare. Each
line of trench contained several concrete shell-proof dugouts and
was also equipped with shelves into which boxes could be placed for
holding the sample bottles. At intervals of one yard throughout the
trenches there were electrical connections available for electrical
sampling purposes. The various impact grounds were used for cloud
gas attacks, and experiments with mustard gas or in many cases for
static trials. The samples were collected by means of an automatic
sampling apparatus.
The work of the Division consisted in the first instance of
determining the proper bursting charge. While a great deal of this
work had been carried out in Europe, American gas shell were
enough different to require that tests be carried out on them. The
importance of this work is obvious, since phosgene, a substance
with a low boiling point, would require a smaller bursting charge to
open the shell and allow the substance to vaporize than would
mustard gas, where the bursting charge must be not only sufficient
to fragment the shell but also to scatter the liquid so that it would be
atomized over the largest possible area. In the case of low boiling
liquids it was necessary that the charge be worked out very carefully
as a difference of one or two grams would seriously affect the
concentration. Too small a charge would allow a cup to be formed by
the base of the shell which would carry some of the liquid into the
ground, while too great an amount of explosive tended to throw the
gas too high into the air.
After the bursting charge had been determined a large number of
shell were repeatedly fired into the trenches, wooded areas, rolling
and level ground, and the concentration of gas produced and the
effect upon animals placed within the area ascertained. From the
results of these experiments the Proving Division was able to furnish
the artillery with data regarding how many shell of given caliber
should be used, with corrections for ranges, wind velocities,
temperatures, ground conditions, etc. Trials were also held to
determine how many high explosive (H.E.) shell could be fired with
gas shell on the same area without unduly affecting the
concentration. This was important, because H.E. shell were useful in
disguising gas bombardments. Gas shell can usually be
distinguished by the small detonation on bursting.
Experiments were performed to determine the decomposition of
various gases on detonation. The shell were fired at a large wooden
screen and burst on impact. Samples of gas were taken immediately
and analyzed.
Co-operative tests were carried out with the Gas Defense
Division to determine the value of given masks under field
conditions. Companies of infantry, fully equipped for the field, would
wear masks for hours at a time digging trenches, cutting timber,
drilling, etc., and imitating in every way, as far as possible, actual
field conditions. During these activities tons of gas in cylinders were
released in such a way that the men were enveloped in a far higher
concentration than would probably ever be the case in actual battle.
These tests gave valuable data for criticizing gas mask construction.
Another line of activity consisted of a study of the persistency and
relative effectiveness of various samples of mustard gas, in which
the liquid was distributed uniformly upon the surface of grassy zones
one to three feet in width, which formed the periphery of circular
areas 14 to 21 feet in diameter, the central part of each circle being
occupied by animals.
The work of the Proving Division was brought to an end (by the
Armistice) just at the time when it had reached its greatest
usefulness. Not only were the physical properties and personnel of
the Division developed to the maximum degree, but the production of
gas shell in this country for shipment to France had just reached the
stage where the Proving Ground could have been used to its fullest
extent in their proving.
Training Division
From the standpoint of the man at the front the Training Division
is one of the most important. To him gas warfare is an ever present
titanic struggle between poisonous vapors that kill on one side, and
the gas mask and a knowledge of how and when to wear it, on the
other. Because of this it is rather surprising that we did not hear more
about this branch of the Service. It did exist, however, and credit
must be given to those camp gas officers who remained in the
United States performing an inconspicuous and arduous duty in the
face of many local obstacles.
Fig. 8.
Medical Division
Dr. Yandell Henderson of Yale University was the logical man to
inaugurate the medical work of the Bureau of Mines, because of his
experience with oxygen rescue apparatus. A member of the first
committee of the Bureau, he secured, in July, 1917, an appropriation
for the study of toxic gases at Yale. This was in charge of Doctors
Underhill, therapy; Marshall, pharmacology; and Winternitz,
pathology. When the American University Station was opened
Marshall was given charge of the pharmacology. About the same
time a factory protection unit was organized under the direction of
Doctors Bradley, Eyster and Loevenhart. At first this committee
reported to the Ordnance Department, but later the work was
transferred to the Gas Defense Service.
In December, 1917, the Medical Advisory Board was organized.
This included all the men who were carrying on experimental work of
a medical nature. This board had as its object the correlation of all
medical work; new work was outlined and attempts were made to
secure the co-operation of scientific men throughout the country. The
following groups of workers assisted in this effort: At Yale, Underhill
studied therapy, turning his animals over to Winternitz for
pathological study. Henderson was specially interested in the
physiology of aviation. At the American University Marshall carried
on pharmacological research, specially as regards mustard gas, the
toxicology being covered by Loevenhart. A pathological laboratory
was also started, under Winternitz, where many valuable studies
were made.[14] At Cleveland Sollmann was busy with mustard gas
and protective agents. Pearce, working in co-operation with Dr. Geer
of the Goodrich Rubber Company, perfected the Goodrich Lakeside
Mask. His study was very valuable as concerning the physiology of
the gas mask. At Ann Arbor Warthin and Weller[15] were studying the
physiology and pathology of mustard gas. Wells, Amberg, Helmholz
and Austin of the Otho Sprague Memorial Institute were interested in
protective clothing, while at Madison, Eyster, Loevenhart and Meek
were engaged in a study of the chronic effect of long exposures to
low concentrations, and later expanded their work to protective
ointments and certain problems in pathology.
In the spring of 1918 many of these men were commissioned into
the Gas Defense Service of the Sanitary Corps, and were later
transferred to the Chemical Warfare Service as the Medical Division,
with Colonel W. J. Lyster, M.C., in charge.
One of the most important functions of this Division was the daily
testing of a large number of compounds for toxicity, lachrymatory or
vesicant properties. The accuracy of these tests might and probably
did save a large amount of unnecessary experimental work on the
part of the Research Division. These tests are described in a later
chapter.
Very interesting and likewise valuable was the study of mustard
gas by Marshall, Lynch and Smith. They were able to work out the
mechanism of its action and the varying degrees of susceptibility in
individuals (see page 171).
Another interesting point was the fact that in the case of certain
gases there is a cumulative effect. With superpalite and mustard gas
the lethal concentration (that concentration which is fatal after a
given exposure) is lower on longer exposures. On the other hand
there is no cumulative effect with hydrocyanic acid. Whether the
action is cumulative or not depends on the rate at which the system
destroys or eliminates the poison.
Liaison Officers
This chapter should not be closed without reference to the
Liaison Service that was established between the United States and
her Allies, especially England.
During the early days no one in the States was familiar with the
details of gas warfare. At the request of the Medical Corps, upon the
urgent representations of the Gas Service, A.E.F., Captain (now
Major) H. W. Dudley was sent to this country (Sept., 1917) to assist
in the development and manufacture of gas masks. For some time
he was the Court of Appeal on nearly all technical points regarding
matters of defense. Dudley’s continual insistence on the need for
maintaining the highest possible standard of factory inspection was
one of the factors resulting in the excellent construction of the
American Mask. In March, 1918, Lieut. Col. Dewey and Captain
Dudley made a trip to England and France, during which the idea of
a liaison between the defense organizations of the two countries
originated. Dudley was transferred to the Engineers, promoted and
placed in charge of the Liaison service. While the time until the
Armistice was too short to really test the idea, enough was
accomplished to show the extreme desirability of some such
arrangement.
Probably the best known liaison officer from the British was
Colonel S. J. M. Auld, also sent upon the urgent representations of
the Gas Service, A.E.F. He arrived in this country about the middle of
October, 1917, in charge of 28 officers and 28 non-commissioned
officers, who were to act as advisers in training and many other
military subjects besides gas warfare. Since Auld had had personal
experience with gas warfare as then practiced at the front, his advice
was welcomed most heartily by all the different branches of the Army
then handling gas warfare. On questions of general policy Auld was
practically the sole foreign adviser. The matter of gas training was
transferred from the Medical Corps to the Engineers, and was
greatly assisted by four pamphlets on Gas Warfare issued by the
War College, which were prepared by Major Auld with the assistance
of Captain Walton and Lieut. Bohnson. Later Auld gave the
American public a very clear idea of gas warfare in his series of
articles appearing in the Saturday Evening Post, and re-written as
“Gas and Flame.”
Major H. R. LeSueur, who was at Porton previous to his arrival in
this country in December, 1917, rendered valuable aid in
establishing the Experimental Proving Ground and in its later
operations.
Towards the close of the war the British War Office had drawn up
a scheme for a Gas Mission, which was to correlate all the gas
activities of England and America. This was never carried through
because of the signing of the Armistice.
The French representatives, M. Grignard, Capt. Hanker and Lt.
Engel furnished valuable information as to French methods, but they
were handicapped by the fact that French manufacturers did not
disclose their trade secrets even to their own Government.
About August, 1918, Lieut. Col. James F. Norris opened an office
in London. His duties were to establish cordial and intimate relations
not only with the various agencies of the British Government which
were connected with gas warfare, but also with the various
laboratories where experiments were being conducted, that
important changes might be transmitted to America with the least
possible delay. The English made Colonel Norris a member of the
British Chemical Warfare Committee. Here again the signing of the
Armistice prevented a full realization of the importance of this work.
CHAPTER IV
THE CHEMICAL WARFARE SERVICE
IN FRANCE