Cannabis eradication program

Todd Feathers filed this request with the Massachusetts State Police of Massachusetts.
Status
Completed

Communications

From: Todd Feathers

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

1) All incident reports related to State Police involvement in the Domestic Cannabis Eradication/Suppression program since Jan. 1, 2012.

2) All forfeiture records from State Police actions as part of the Domestic Cannabis Eradication/Suppression program since Jan. 1, 2012.

3) All policies, procedures, and guideline documents pertaining to State Police involvement in the Domestic Cannabis Eradication/Suppression program.

I also request that all fees be waived as I am a journalist employed by the Lowell Sun and I intend to use the requested records to publish articles in the public interest and not for any commercial purposes. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Todd Feathers

From: Todd Feathers

Hello,

Please confirm receipt of this request. It ha snow been a month since I submitted it and the statutory deadline for providing responsive documents is 10 days.

Todd Feathers
978-970-4650

From: Migliaccio, Jenniffer (POL)

Good Afternoon Mr. Feathers,

As you know, the Department of State Police has received your request for records seeking:

1) All incident reports related to State Police involvement in the Domestic Cannabis Eradication/Suppression program since Jan. 1, 2012.

2) All forfeiture records from State Police actions as part of the Domestic Cannabis Eradication/Suppression program since Jan. 1, 2012.

3) All policies, procedures, and guideline documents pertaining to State Police involvement in the Domestic Cannabis Eradication/Suppression program.

In response to item #1 of your request for all incident reports from January 2012. Please note that incident reports are not generated for every seizure. Incident reports are only generated if criminal charges are being sought by the State Police. Additionally, Local Departments have first right of refusal to handle an incident. The Department would not have reports if the Local Department elected to handle the case and pursued criminal charges. Incident reports are not tracked by subject matter, but by subject name. Therefore, the only way of knowing if one of these seizures resulted in an incident report being generated, would be to manually review each seizure to identify if charges were sought by the Department. From 2013 to the present, 7,909 plants have been seized from approximately 441 locations. The narcotics section would have to review each of these in order to identify the handful of potential incident reports. If you would like us to proceed with this, we would need to prepare a cost estimate. Any narrowing of the dates or locations you could offer would help reduce the required time and corresponding cost. However, the Department does have a spreadsheet from 2013 to the present which does breakdown every seizure by date, city/town and number of plants seized. Please see the attached spreadsheet.

In response to item #2 of your request for All forfeiture records from State Police actions as part of the Domestic Cannabis Eradication/Suppression program since Jan. 1, 2012, the Department has no records as to forfeiture actions part of the program from 2012 to the present. If a DA’s Office or local Department proceeded with forfeiture, you would need to submit a request to those agencies to inquire whether they have any forfeiture records.

In response to item #3 of your request for policies, procedures, and guideline materials, please see the attached Standard of Operating Procedures. As you will see, personal cell phone numbers of uniformed members have been redacted pursuant to G. L. c. 4, §7, cl. 26 (o). Please note that members of the Narcotics section undergo training with the MA National Guard Counter Drug Program prior to participating in this program, and all training is put on by that agency.

If you object to the Department’s response to your request or any portion of the same, you may appeal the Department’s response in accordance with Massachusetts General Laws, Chapter 66, §10(b) and 950 CMR 32.00.

Thank you for your attention to this matter.

Jenniffer P. Migliaccio (O’Neil), Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348

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