Hernan Cortez Villaseñor, Marijuana Cultivation, California 2014

FRESNO, Calif. — Hernan Cortez Villaseñor, a 40-year-old man from Michoacàn, Mexico, pleaded guilty to conspiring to manufacture, distribute and possess with intent to distribute marijuana, and distributing unregistered pesticides, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

According to court documents, the Greenhorn Creek site sustained extensive damage as a result of Villaseñor’s marijuana cultivation activities. Native oak trees and other vegetation were cut down or otherwise killed to make room for the 8,876 marijuana plants planted there. The soil was tilled, and fertilizers and pesticides, including Fosfuro de Zinc, a common Mexican rat poison containing zinc phosphide, were spread throughout the site.

Law enforcement officers also found 30 containers of Fosfuro de Zinc at Villaseñor’s residence in Arvin, Calif. after he delivered supplies to the cultivation operation. The EPA has designated zinc phosphide as a restricted use pesticide, which means that it may only be purchased and used by, or under the supervision of, a certified applicator. Zinc phosphide is banned for residential sale due to its acute toxicity. A single swallow can be fatal to a small child.

Cortez is scheduled for sentencing on September 22, 2014. He faces a mandatory minimum prison term of 10 years and a maximum prison term of life for the drug conspiracy. The pesticide charge carries a maximum penalty of one year in prison and a fine of $100,000.

The case is the product of an investigation by the U.S. Forest Service, U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), U.S. Environmental Protection Agency Criminal Investigation Division (EPA-CID), and the Kern County Sheriff’s Office.

Villaseñor also agreed to pay $3,328 to the U.S. Forest Service for the damage caused by his marijuana cultivation operation in the Greenhorn Creek area of the Sequoia National Forest.

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