By Kevin Hendricks
The United States Department of Justice announced Thursday afternoon that a federal grand jury indicted three individuals for their alleged roles in a large-scale marijuana cultivation and distribution operation on Navajo Nation lands.
The indictment, unsealed Thursday, charges Dineh Benally, 48, his father, Donald Benally, 74, and Irving Rea Yui Lin, 73, a California resident, with multiple offenses related to the illegal marijuana operation.
According to the DOJ, the charges include conspiracy to manufacture and distribute marijuana, manufacturing 1,000 kilograms or more of marijuana and 1,000 or more marijuana plants, possession with intent to distribute, maintaining drug-involved premises and two counts of knowingly discharging pollutants into waters of the United States without a permit.
According to the indictment, the operation involved:
- 25 farms covering approximately 400 acres in the Shiprock area
- Construction of approximately 1,107 cannabis greenhouses
- Solicitation of Chinese investors to fund the operation
- Recruitment of Chinese workers to cultivate marijuana
The defendants are also accused of violating the Clean Water Act by discharging pollutants into the San Juan River, filling in a channel along the San Juan River dam, and installing a sandbag dam. According to the indictment, these actions potentially caused significant environmental damage to the area.
“The Department of Justice will protect the sanctity of the ancestral lands and waters of our Tribal partners from those who would exploit them for profit,” U.S. Attorney Alexander Uballez said.
Last week, during a raid on two additional marijuana farms operated by Dineh Benally in Estancia and his residence, law enforcement said they identified 10 Chinese nationals and seized approximately 8,500 pounds of marijuana, $35,000 cash, illegal pesticides, 43 grams of methamphetamine, two firearms and a bulletproof vest, among other items.
Dineh Benally, a two-time Navajo Nation presidential candidate, operates the Nihooka Dine Earthly People Church operation in Estancia and was arrested by federal authorities in Los Lunas the day before the raids. With Benally in custody, law enforcement officers raided the church and another facility leased by Benally at 31 La Trencherita Road, where The Independent News witnessed law enforcement officers transferring marijuana plants to dump trucks.
In November 2020, law enforcement seized approximately 60,000 pounds of marijuana and approximately 260,000 marijuana plants from the 25 marijuana farms allegedly operated and controlled by the defendants.
“The FBI remains committed to continue to dismantle criminal organizations operating in New Mexico,” Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Division, said. “Effective law enforcement requires strong partnerships at every level. This operation is a testament to the power of collaboration between state, local, tribal, and federal agencies to ensure justice is served and our communities are protected.”
If convicted, the defendants each face sentences of 10 years to life in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, and Kim Bahney, Special Agent in Charge of the Dallas Area Office of the EPA Criminal Investigation Division, made the announcement Thursday.
Federal, tribal, state and local law enforcement agencies were included in the law enforcement operation. Assistant U.S. Attorney Matthew McGinley is prosecuting the case.
“The Torrance County Sheriff’s Office has been working on this operation for over a year with
our state and federal agency partners,” Torrance County Sheriff David Frazee said.
He thanked the many law enforcement agencies included in the operation.
“We also want to thank the community for their support, tips, and information that made this possible. Please continue to call in tips regarding any kind of suspected criminal activity and rest assured we will investigate and take actions as legally allowed,” Frazee said.
Dineh Benally is no stranger to law enforcement.
Last January, the Native American Agricultural Development Company, an operation south of Estancia linked to Dineh Benally, was cited for eight violations, including growing almost 40,000 more marijuana plants than permitted by the state.
Benally has been sued by Chinese immigrant workers, alleging forced labor.
In an interview with Searchlight NM in March 2024, Benally alluded to a sovereign right to grow cannabis, which he says is a religious sacrament for Native people.
“This is an ancestral plant,” Benally said. “This plant belongs to us as Native people. We as Native Americans, when we’re born, we’re entitled to this land…Anything that grows, that belongs to the Native American.”