LAKEPORT — The Federal Bureau of Investigation and the Lake County Narcotics Task Force (LCNTF) are continuing to investigate a Lakeport man after a search of his home Wednesday turned up large amounts of marijuana, methamphetamine and weapons. It is part of what LCNTF Commander Richard Russell said is growing problem.
Agents found 122 marijuana plants growing indoors in a portion of the garage that had been converted “for the sole purpose of clandestine marijuana cultivation and processing” during the Wednesday search, according to an LCNTF press release. Authorities also seized more than 120 pounds of processed marijuana, 28 various types of firearms including a .44 magnum revolver on the headboard of a bed and more than 2,000 rounds of ammunition.
“We brought the FBI along because they enforce federal law, and if the pot was not considered medically related then our case may need further investigation from a federal viewpoint,” Russell said Monday. He said Thomas James McGann, 43, is being investigated for suspicion of conspiracy to distribute marijuana, and did not comment further on the ongoing investigation by LCNTF and the FBI.
“What we”re seeing is people claiming to be caregivers for multiple individuals and growing marijuana for them, but under the guidelines of the law you”re supposed to take care of the individual on a daily basis,” Russell said.
McGann told authorities he was growing the marijuana for medical purposes as a caregiver for 14 people, Russell said. Of several Prop. 215 recommendations found at the scene, the only valid one was McGann”s, according to the release.
Russell said in his 18 years of experience in narcotics enforcement, he”s observed that the instances of growing large amounts of marijuana under the auspices of Prop. 215 is on the rise. “Without legislative changes regarding the growing and sale of marijuana this issue will continue,” Russel said. “Violence associated with this illegal activity will rise and our already strained law enforcement resources will be further depleted.”
Section 11262.7 (d) of the California Health and Safety Code defines a “primary caregiver” as “the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.” Russell said the guideline that a caregiver should have daily charge of a patient was his interpretation of the law. “That”s part of the gray area that needs to be defined,” Russell said. “If we don”t get it defined the problem will probably get worse. More and more people are growing (marijuana), and it”s to their advantage not to have sanctions.”
Prop. 215, the Compassionate Use Act of 1996, allows seriously ill Californians to use marijuana medically on the recommendation of a doctor. According to Senate Bill 420, a qualified patient or caregiver may have no more than eight ounces of dried marijuana par patient and no more than six mature or 12 immature marijuana plants per patient.
McGann was arrested for felony marijuana cultivation, possession for sale of marijuana, committing a felony while in possession of a firearm, possession for sale of methamphetamine, possession of a dangerous weapon, being armed with a firearm while under the influence of a controlled substance and other other related offenses, according to the release.
Ten grams of methamphetamine were also found at the residence, more than a personal use amount, according to Russell. Scales and other items consistent with the sale of methamphetamine were found during the search.
The LCNTF release says McGann”s residence is within 1,000 feet of Clear Lake High School. According to 11353.6 (b) of the California Health and Safety Code, possession of a controlled substance for sale within 1,000 feet of a school can add three to five years to a prison sentence.
McGann is due to appear in court December 3 in department 2 of the Lake County Courthouse.
Contact Tiffany Revelle at trevelle@record-bee.com.
