The duties and activities required of the VTSP under the Program Agreement for 1996 are as follows:

Under the terms of Agreement, expenses can include deputies’, officers’, or reserve officers’overtime and per diem (if applicable), purchases of expendable equipment, rental of equipment and vehicles, fuel minor repairs and maintenance for vehicles and aircraft used in the eradication effort. The Agreement does not include the purchase of non-expendable equipment (useful life of over one year) without the approval of the DEA. The Agreement further states that accurate reports, records and accounts will be maintained for the duration of the Agreement.

We find that the VTSP complies with the requirements and objectives of the DCE/SP and with the statutory requirements.

There are costs associated with supporting the DCE/SP that are funded as outlined below. These costs are for efforts related to locating the cannabis plant sites. Both the VTNG and VTCAP perform over-flights to assist the State of Vermont in cannabis plot location. It is notable, that according to the VTSP, these missions are never flown in order to locate ditchweed.

The support that the VT National Guard provides to the VTSP is funded under the U.S. National Guard Bureau Counter-Drug Task Force and is not charged directly to the DCE/SP grant. The VTNG provides over-flights for locating cannabis plant sites at the request of Federal, State and local law enforcement agencies and also have located sites during other routine flying missions. The reimbursement for these missions is requested using flight (fuel), repair parts and repair rates as established by the U.S. National Guard Bureau factored by the number of flight hours accounted for by the VTNG. The cost of these flights is also dependent on the type of aircraft flown.

The support that the VTCAP provides to the VTSP and Sheriffs’ departments is funded by the U.S. Air Force, Counter-drug program and is not charged directly to the DCE/SP grant. The costs of these efforts are attributable to over-flights for locating cannabis plants. There are approximately 23 VTCAP pilots who have been screened and approved by DEA to participate in the DCE/SP. In 1997 there were 76 missions for a total of 150 flight hours in support of the marijuana eradication efforts in Vermont. The VTCAP is reimbursed through the USAF Counter-drug program for these flights depending on which type of aircraft used. The reimbursement rate is $47.00 per flight hour for the Cessna 172 and $57.00 per flight hour for the Cessna 182. For 1997 VTCAP received approximately $7,800 in reimbursement for their 150 flight hours.

We find that VTCAP estimates costs for their services in excess of what is being reimbursed.

None.

We find that there are savings achieved by the coordinated efforts of the VTSP, VTNG and VTCAP.

As stated above the VTSP submits monthly and calendar year statistical reports to the DEA. In addition, the VTSP includes prior year program results in their application for funding for the next year. According to the VTSP, the 1996 summary of results indicates that there are continuing trends in cannabis production in the State of Vermont over the last several years that the VTSP cite as noteworthy factors:

In accordance with the DCE/SP grant requirements, the University of Mississippi performs all THC level (potency) testing on a sampling of confiscated cannabis plants. In 1996, 118 samples were submitted by the VTSP for testing. As stated above, in accordance with the National Institute on Drug Abuse (NIDA), a research arm of National Institute of Health’s U.S. Department of Health and Human Services, potentially psychoactive marijuana has an average potency of 3% THC. The results of the measured 1996 THC levels ranged from a high of 14.83 % to a low of .05 %. An analysis of the test results is as follows:

The VTSP does not summarize THC level results based on whether tested plants were cultivated or ditchweed. When plants are seized from a given plot, they are assigned a case number by the VTSP; THC level results are reported by case numbers. The only way to determine THC levels for each category would be a review of each case file to determine if the tested plants were cultivated or ditchweed. Currently, VTSP does not engage in such a review. According to the VTSP, the protocol for reporting of THC levels is done pursuant to the DCE/SP grant requirement, which does not require a breakout of cultivated vs. ditchweed THC levels. The VTSP does review case files if THC level test results indicate the plants are particularly potent. This is done so that VTSP can monitor further activity at the site. They also review case files if they have decided to prosecute based upon seizure of plants at a particular site. Under the grant provisions, even this level of reporting is not required.

VTSP offer several reasons why they do not distinguish between ditchweed and cultivated plants in their THC level reporting: The statutory definition of illegal controlled substances (referenced in Appendix B) does not distinguish between cultivated and non-cultivated (ditchweed) plants and the eradication of wild growth of ditchweed is within the purview of the grant provisions. Moreover, by statute the VTSP considers possession of all forms of cannabis sativa illegal.

The THC level results show that over half of the potency levels of the cannabis confiscated and tested are at or below the threshold of 3% potency as established by the NIDA. Based on the NIDA criteria and the fact that majority of plants eradicated (78%) in 1996 were ditchweed, this might suggest that the majority of plants confiscated and destroyed are of relatively low psychoactive nature.

It is important to note however, that the VTSP are in full compliance with the statutory requirements concerning confiscation and eradication of the controlled substance, marijuana, since the statutes do not distinguish between cultivated vs. ditchweed plants. And the visibility of the VTSP in these eradication efforts in and of itself may deter the growth of the more potent substance. But with a lack of information on the potency of ditchweed vs. cultivated plants eradicated, it could not be determined if the VTSP is maximizing the use of their law enforcement personnel resources by focusing on eradication efforts of ditchweed.

We recommend the VTSP should seek to thoroughly analyze and review the THC levels for all tested plants. Testing for cultivated and ditchweed plants should be reported separately to determine 1) whether the high concentration of THC is from cultivated plants vs. ditchweed; 2) whether the use of limited State law enforcement resources are being maximized in the eradication of ditchweed.

All states are required under the grant provisions to submit monthly statistics and accounting information to the DEA regarding the state’s Program results. A summary of the 1996 statistics is as follows:

Overall, the national total of ditchweed eradicated compared to the total number of plants seized is 99.28% resulting in a less than 1% cultivated indoor and outdoor plant eradication percentage at the national level. In comparison, Vermont’s percentage of ditchweed to total is 78%. Although this percentage is high, of the 21 states that separately report some ditchweed eradication there were only 7 states with a lower percentage than Vermont.

In spite of the high percentage of ditchweed eradication, according to the VTSP, law enforcement officers in Vermont do not actively pursue locating ditchweed except for "complaints from landowners" and by "known areas that are frequented by people for the purposes of taking ditchweed for use or sale." The VTSP estimate that in 1996 less than 60 hours of law enforcement personnel overtime was used toward ditchweed eradication. And none of the VTNG and VTCAP over-flights are for locating ditchweed. The focus of the VTSP efforts is to eradicate cultivated marijuana and arrest those who grow it. The majority of personnel time expended on this Program is for locating, eradicating, and investigating the planted fields, execution of search warrants, and training.

It is within the purview of the VTSP to confiscate and destroy both wild and cultivated cannabis plants under the provisions of the DCE/SP grant, and federal and State statutes. Similar to the federal and state statutes the objectives and goals of the DCE/SP do not indicate that there is any distinction between the eradication of ditchweed vs. cultivated cannabis plants. Under DEA’s primary mission, to enforce the Nation’s drug laws, the DCE/SP was established to deter the cultivation of marijuana in the United States. However, if the Program intent is to remove the more potent substances and not just eradicate the substance itself, then additional data such as the THC levels would need to be collected and analyzed in order to draw a conclusion on the success of the Program.

It is recommended that the VTSP continue to follow the federal and state statutes and the terms of the grant. Note: Policy makers at the state and national level who are concerned about a cannabis eradication program that focuses so much effort on ditchweed, may wish to lobby the DEA to change DCE/SP grants to more closely target eradication of cultivated cannabis.

All 50 states participate in the eradication Program. Nineteen states (40%) report a lower unit cost of cultivated plant eradication than Vermont’s unit cost of $8.17 per plant. Of these 19 states 10 have no reported ditchweed eradication. In addition, Vermont’s unit cost of cultivated plants eradicated is significantly higher than the average of $3.02 per cultivated plant.

Although Vermont’s higher than average cost ($8.17 vs. the national average of $3.02) might be attributable to the fact that most states reporting lower costs report no ditchweed eradication efforts, it is significant that, three of the states (Minnesota, West Virginia, Oklahoma) with ditchweed eradication greater than 90% (significantly higher than Vermont’s 78%) show a lower cultivated unit cost than Vermont. The unit cost of cultivated plants for Minnesota, West Virginia and Oklahoma are $1.70, $3.83, and $6.84 respectively.

It is recommended that the VTSP contact the Program Coordinators for the states of Minnesota, West Virginia and Oklahoma to discuss their Program results, successes and possible ways to minimize the cost of cultivated plant eradication.