Two Growers Fail to Appear in Tribal Court

Remnants of a marijuana grow that was busted on Sept. 15, 2012 in Hoopa remain untouched following the seizure of 467 plants and 1,000 grams of processed and packaged marijuana. Four people were cited for a civil infraction in the Hoopa Valley Tribal Court. Proceedings for two of the defendants continue. / Photo by Vonice Nelson, Two Rivers Tribune.

Two Have Fines Due Friday

By Allie Hostler, Two Rivers Tribune

What happens when you grow pot on the Hoopa Valley Indian Reservation? A first-of-its-kind case is being heard in Hoopa Tribal Court.

A large-scale grow was busted on Sept. 15, 2011 in Hoopa following a flyover of the reservation. Hoopa Valley Tribal Police (HVTP) dispatched seven officers to the site, a residence on Carpenter Lane.

According to court documents, HVTP called it a “large outdoor grow.” When officers arrived, they found it was larger than they suspected as several hundred plants at various stages of development, were found growing under lights inside a structure. A total of 467 plants, indoor and outdoor, were counted on the property and seized by HVTP. About 1,000 grams, or a little more than 2 lbs., of processed and packaged marijuana was also found and seized along with dozens of grow lights, fans, and tools.

Debris left from the tenants after a pot bust last September in Hoopa. / Photo by Vonice Nelson, Two Rivers Tribune.

Workers Mark A. Duncan, 31 and Jason A. Smith, 35, greeted the officers after alerted of their arrival by a barking dog. Unalarmed, Duncan gathered six valid prescriptions for cannabis and presented them to the officers. Duncan, Smith, and two others were cited for civil infractions of tribal law.

“I know ignorance of the law is no defense,” Duncan said during a hearing he attended in Hoopa Tribal Court on Oct. 17.

Neither Duncan or Smith were aware that the Compassionate Use Act, passed by California voters in 1996, is not recognized by the Hoopa Tribe. In fact, the Hoopa Tribe has its own law, Title 34, the Marijuana Cultivation Suppression Ordinance. Title 34 prohibits growing marijuana in any amount even on non-tribal land within the boundaries of the reservation. The tribe maintains jurisdiction on non-tribal lands within the reservation and also maintains the right to try non-tribal members for violations of tribal law.

Duncan and Smith are non-tribal members. Both carry valid prescriptions for cannabis issued by medical doctors. Duncan and Smith were ordered to each pay a $1,000 fine to tribal court by Friday, Jan. 20, 2012. If they fail to pay the fine, the court order states the case will be deferred to federal court.

But what about the landowners? Amber Rodgers, 26, and Stanley Jackson, 63—both residents of McKinleyville and both holding valid prescriptions for cannabis—began the process to purchase the property last year. But, as previously reported in the TRT (Vol. 17 Iss. 42), a conversation between Smith, Duncan and two HVTP officers in the court room revealed the land may still be owned by Redwood Land Trust.

Access to Rodgers’ and Jackson’s court file was not granted to the TRT because a hearing has not yet taken place, nor has a court order been issued. They failed to appear at two separate court hearings—costing them $500 each for every no show. They will be given one more chance to show up, however a court date has not yet been scheduled.

“We are setting the matter for a trial with or without them,” Hoopa Valley Tribal Judge Richard Blake said. “We plan to proceed on the merits of the case with or without them. It could end up in a referral to the district attorney’s office.”

During Smith and Duncan’s hearing on Oct. 17, Blake said the case appeared to be a violation of federal law punishable with a 15-year prison sentence. He asked Tribal Police Officer, Matt Spallino why the case was not referred for federal prosecution. According to the court transcript, Spallino responded by saying that HVTP believed it was a small outdoor grow and later discovered it was huge. He said it was too late to call the feds.

“The feds would prosecute this as drug trafficking on Indian land. Why hasn’t it been heard before the feds?,” Blake said.

Duncan spoke next saying that they were told by HVTP that if they cooperated there would be no feds involved.
Spallino confirmed Duncan’s remarks.

But, during a previous interview conducted by the TRT (Volume 17 Issue 40), HVTP Lieutenant Ed Guyer said HVTP did report the grow to the DEA and they declined to investigate. He said he did not know when the report was made to the DEA and that the grow was too small for federal agencies to get involved.

A public information officer at the regional office in San Franciscosaid they had no report or information on file involving the bust. On Monday, HVTP Chief Bobby Kane confirmed the DEA had not been contacted.
“This case does not meet the criteria for a DEA investigation,” Kane said. “This is the Hoopa Tribe exercising our authority.”

If fines are not paid on time, or if Rodgers and Jackson fail to appear at their trial, the case may be referred to federal authorities for prosecution.

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