CALEXICO, CA – Santiago Contreras Juarez, 2021, received time served and a four-year supervised release sentence after attempting to illegally import highly toxic pesticides into the United States from Mexico. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, highlights a growing trend of illicit pesticide use linked to illegal marijuana cultivation operations across California and the nation.
On October 26, 2020, Juarez was apprehended while attempting to transport ten containers of “Fosfuro De Zinc,” commonly known as Zinc Phosphide, across the border. The substance is a potent pesticide banned for use on food crops in the United States due to its extreme toxicity to humans and wildlife. Juarez initially claimed the pesticides were purchased from a veterinarian in Tijuana for a friend who intended to use them to treat termite infestations on a California farm growing plum and orange trees. However, investigators quickly determined the likely true destination: clandestine marijuana grows operating illegally on both public and private lands.
The EPA’s investigation revealed a pattern of illegal marijuana growers utilizing restricted and often counterfeit pesticides to maximize yields, disregarding the devastating environmental and public health consequences. Zinc Phosphide, in particular, is favored by these illicit operations due to its effectiveness and low cost, despite being explicitly prohibited for use on marijuana crops. Residue from these pesticides can contaminate soil, water sources, and ultimately, the illegal marijuana itself, posing significant risks to consumers and the environment. The use of such chemicals also endangers law enforcement and others who may come into contact with the grow sites.
Federal prosecutors brought the case under Title 18 U.S. Criminal Code, specifically 18 U.S.C. 545, which prohibits the illegal importation of pesticides. The law carries penalties including imprisonment, fines, and restitution for damages caused. In Juarez’s case, he was sentenced to time served – the time he had already spent in custody awaiting trial – followed by four years of supervised release. He was also ordered to pay $1,550 in restitution to cover investigative costs and potential environmental remediation efforts.
While Juarez received a relatively lenient sentence, the EPA views the case as a significant win in its ongoing efforts to combat illegal pesticide use associated with marijuana cultivation. The agency continues to collaborate with state and local law enforcement to identify and dismantle these operations, protect vulnerable ecosystems, and safeguard public health. The use of illegal pesticides not only violates federal law but also creates a dangerous situation for anyone encountering these contaminated sites.
Key Facts
- Defendant: Santiago Contreras Juarez
- Crime: Illegal Pesticide Smuggling
- State: California
- Year: 2021
- Pesticide: Zinc Phosphide (“Fosfuro De Zinc”)
- Statute Violated: 18 U.S.C. 545
- Sentence: Time served, 4 years supervised release, $1,550 restitution
- Connection: Linked to illegal marijuana cultivation operations.
GrimyTimes will continue to follow this story and report on the ongoing efforts to curb the flow of illegal pesticides into the United States.
Source: EPA ECHO Enforcement Case Database
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