Pot farmer won't contest charge

Pot farmer James Douglas Gilbert, 44, admitted to a crime he said he didn't commit before a class of Sierra Crest government students on Tuesday.

Gilbert entered a no contest plea to one count of possession of a controlled substance for sale, though he couldn't bring himself to admit that what was described as a "dense forest" by District Judge Michael Gibbons was for sale.

Gilbert faces up to four years in prison after he took what is called an Alford plea for possession of 11 large marijuana plants.

He told Gibbons that he was agreeing to plead guilty in the Oct. 5, 2006, case in order to avoid prosecution for two counts of burglary in the theft of cigarettes from a convenience store.

Prosecutor Tom Gregory told Gibbons that Gilbert was arrested after drug officers smelled the 11 plants growing in the backyard of a Gardnerville Ranchos home.

According to investigators, some of the plants were 6-feet tall and 10 feet across.

"This looks like a dense forest," Gibbons said while examining photos of Gilbert's plants.

Gregory said that one investigator pointed out to the other occupant of the home that a marijuana card does not allow someone to landscape their property with marijuana plants.

"This was huge," Sheriff Ron Pierini said at the time of the arrest. "We found some growing in the backyard up against a fence and some in the garage. It seemed as if they had trimmed the tops of the plants so you couldn't see them over the fence."

Both Gilbert and the other person living in the home had marijuana cards issued by the Nevada Department of Agriculture. In court, Gilbert claimed each card allowed seven plants and that the grow was within the law.

Gregory disputed that, saying the law only allows three mature plants per person and that Gilbert grew far more marijuana than needed for his and the other occupant's personal use.

Gilbert tried to get the evidence thrown out at a June 2007 hearing before District Judge Dave Gamble.

Gamble denied Gilbert's motion, saying law enforcement officers were not obligated to see if Gilbert had a lawful reason to grow the marijuana.

Gilbert's prior record includes a 1997 arrest in Barstow, Calif., after officers found 1,184 marijuana plants. He served three years in federal prison.

Since his 2006 case, Gilbert had been implicated in a second marijuana grow, but those charges were dismissed by Justice of the Peace Jim EnEarl.

The burglary case was continued until Gilbert's March 31 sentencing hearing. Gregory said the charges would be dismissed then.

The government students were in court with school board member and former Douglas High government teacher Randy Green, who is helping with a class at the Minden charter school.