Invasion Of The Marijuana Growers

[RoyJackson]

Do you have a link to this law?

"neighboring properties cannot spray fertilizers/herbicides if there is a chance of drift"

I can't see that being law or enforced. To me it's the growers responsibility to buy enough land to have their own buffer zone if you will or to build sufficient barriers. IF the operation is in a green house, it should be protected anyway.

Also looks like a good class action lawsuit since you were there before the potheads

 

[newbury]

If you are spraying, you have to keep it on your property. In Texas pesticide and herbicide use falls under the Agriculture Code, the definition of pesticide in the law includes both. There are administrative, civil, and criminal penalties for violations. This is the section where spraying on a windy day and causing drift could be a criminal offense:

(e) A person commits an offense if the person:
(1) knowingly or intentionally uses, causes to be used, handles, stores, or disposes of a pesticide in a manner that causes injury to man, vegetation, crops, livestock, wildlife, or pollinating insects;

It is a Class A misdemeanor, unless you have a prior conviction and then it would be a state jail felony.

If I let something drift off my property and are sued in civil court, I could be found liable for damages. That is why I have drift coverage as part of my ag insurance policy.

I recently got my Mississippi Private Applicators license and the law is probably much the same throughout the US.
We've got to keep our poisons to ourselves.

 

[oosik]

Newbury - that makes common sense. Surely - anybody with a license, such as you have, knows what can/can not be done.

What kind of upsets me. The guys with their airplanes. Not the Taco Wagon but my previous pickup. Been oversprayed several times when I drove thru the wheat fields down south of me. Never seemed to make the truck grow - never had trouble with weeds sprouting up in the bed of the truck. Damned little "wet spots" all over the truck were hard to wash off.

 

[Bearsixty7]

Its not just them. If you spray any herbicide and it drifts and damages neighbors crops you can be liable. Heck, you can be sued for having red hair nowdays.

Couldn’t you say the same for the sprayer that they should’ve bought enough land to contain their spray?

I guess I read it the wrong way. Sure, you should be liable for keeping your own spray on your property, but I read it as you couldn't spray at all since there is always a chance of drift.

 

[PuffyC]

This is like the EV discussion where people have no problem with pollution and gov't subsidies and all that until some industry they don't like starts doing it, then they magically become environmentalists who think the gov't shouldn't get involved.

 

[ruffdog]

Follow the money....who is making more money for the State, the little farmer growing grain or a factory pot grower? Just say'un.

 

[TheMan419]

Is marijuana particularly sensitive to herbicides? Is it like cotton and 2,4-D or dicamba is claimed to be?

It would seem it is your job to contain your spray. Heck we have an 18 acre farm for our horses. I might spray 2,4-D once a year. We are required to have drift insurance as part of our farm policy. We cannot waive it. Corn and soybeans are the row crops grown around me.

 

[ruffdog]

Article on the subject:

Okie drift: Marijuana growers worry that pesticide use could threaten their crop

 

[Bearsixty7]

neighboring properties cannot spray fertilizers/herbicides if there is a chance of drift. It doesn't matter if you have operated a farm for decades - you have just lost your rights.

I fully understand the controlling the spray for herbicides, You can't kill a neighbor's crops/grasses, but fertilizers?

 

[Bearsixty7]

Article on the subject:

Okie drift: Marijuana growers worry that pesticide use could threaten their crop

And here is the mistake on their part.

Some grow houses, meanwhile, have been built right up to the property line, Lowe said, and others have grow operations next to roadways, complicating efforts by counties and the Oklahoma Department of Transportation to use chemicals to control weed growth along public roadways.