Asset Forfeiture

Chronicle AM: Canada Legalizes Marijuana! (6/20/18)

Asset Forfeiture (STDW) - Wed, 06/20/2018 - 19:17

Canada has become the second country to legalize marijuana after final votes in parliament Tuesday, the Supreme Court agrees to hear an Indiana asset forfeiture case, Eleanor Holmes Norton files a bill to allow marijuana in public housing in states where it's legal, and more.

[image:1 align:left]Marijuana Policy

Eleanor Holmes Norton Files Bill to Allow Marijuana Use in Public Housing Where It's Legal. Rep. Eleanor Holmes Norton (D-DC) has filed a bill that would allow residents of public housing in states and localities where marijuana is legal to use it at home without fear of being evicted. Under Norton's bill, a person may not be denied federally-assisted housing for the use of marijuana in jurisdictions where medical or recreational marijuana has been legalized. Under Norton's bill, smoking marijuana would be treated the same as smoking tobacco in federally-assisted housing. The bill is not yet available on the congressional website.

Asset Forfeiture

Supreme Court Agrees to Hear Indiana Civil Asset Forfeiture Case. The US Supreme Court has agreed to hear the case of an Indiana man who used the proceeds of his father's life insurance policy to buy a $42,000 Land Rover only to have the vehicle seized after he was caught selling heroin with it. When authorities moved to forfeit the vehicle, Tyson Timbs challenged the action and won in the Grant Superior Court, with the judge finding the vehicle was purchased legally and that its forfeiture would be "grossly disproportionate" to Timb's offense. The Indiana Court of Appeals agreed, noting that the maximum fine for Timbs' offenses was only $10,000 and suggested the seizure amounted to an "excessive fine." The state Supreme Court then reversed, Timbs appealed, and here we are.

Reproductive Rights

Federal Appeals Court Panel Rejects Wisconsin Woman's "Cocaine Mom" Lawsuit. A three-judge panel on the US 7th Circuit of Appeals on Monday dismissed a lawsuit challenging Wisconsin's "cocaine mom" law, which permits the detention of pregnant women who are suspected of abusing drugs. The panel dismissed the case because the woman, Tammy Loetscher, had moved out of the state. A US district court judge last year found the law unconstitutional and issued an injunction barring it from being enforced, but the law has remained in force while the state appealed. The appeals court panel's ruling leaves the law in force for now. "Today's decision means that all women in Wisconsin have to worry that when they seek health care, if there's even a chance they might be pregnant, the state can take them into custody, lock them up in a drug treatment program, a mental hospital or a jail -- whether or not drug treatment is really needed," said Nancy Rosenbloom, director of legal advocacy for the National Advocates for Pregnant Women, which represented Loertscher.

International

Canada Legalizes Marijuana. With final votes in the House of Commons and Senate on Tuesday, the Canadian parliament has approved the marijuana legalization bill, C-45. The bill legalizes the possession of up to 30 grams in public and allows the cultivation of up to four plants per household. It will also allow for regulated and taxed marijuana businesses, with regulations of sales left to the provinces. Provincial and territorial governments need s few weeks to prepare for retail sales, so the actual rollout of legalization is expected to happen in mid-September.

Australia Festival Pill Testing a Success, Should Be Emulated, Report Finds. A study released Wednesday by the Safety and Testing Advisory Service at Festivals and Events finds that pill testing at the Groovin the Moo festival in Canberra in April was "an overwhelming success" and the federal government should take a leadership role in introducing a plan for broader pill testing. "The pilot demonstrated that such an intervention is possible and that people are willing to use the service, despite the limitations arising from the tight timelines, inauspicious physical infrastructure and the lack of dissemination strategies on-site during the festival," the report said. Less than half the drugs tested at the festival were relatively pure.

Categories: Asset Forfeiture

Missouri Cops are Diverting School Funding and Making a Joke of State Law

Asset Forfeiture (STDW) - Wed, 05/23/2018 - 20:44

Responding to myriad tales of abuses, like many other states, Missouri has reformed its asset forfeiture laws to require a criminal conviction before cash or property is seized and, in a bid to prevent "policing for profit," to require that money seized by state law enforcement agencies goes solely to the state's schools.

[image:1 align:right caption:true]Somebody needs to tell the cops. As Kansas City TV station KMBC reported, state and local law enforcement agencies seized more than $19 million in the past three years, but only some $340,000 has actually made it to the schools. That's a measly 2% of the cash seized.

That's because police, with the help of the Trump Justice Department, are doing an end run around the state law. Under the Justice Department's Equitable Sharing Program, which was suspended late in the Obama administration but reinstated last year by Attorney General Jeff Sessions, state and local law enforcement agencies can hand their cash-laden cases over to federal prosecutors instead of turning them in to local district attorneys. And when they do, the reporting agency gets to keep 80% of the seized cash, with the Justice Department getting the rest.

The scheme not only subverts state law by diverting much-needed funding for schools to police agencies, but also by allowing state and local cops to seize cash and goods under the federal law, which does not require a criminal conviction first. In this manner, Missouri's cops are not only ripping off the schools, they are also giving a big middle finger to the state's democratically elected representatives who passed the asset forfeiture reform law.

The cops like things just as they are.

"We can immediately put that back in our tool belt if you will," said Major Derek McCollum, the head of the Kansas City Police Department's Asset Forfeiture Squad. The money buys "computer type equipment, covert surveillance type equipment," McCollum told KMBC, adding that he didn't feel like law enforcement was taking money from the schools.

The Missouri School Board Association begs to differ.

"Absolutely, the constitution says it is," said association attorney Susan Goldammer of the forfeiture money. "We still have school districts that don't have air conditioning or have concerns about asbestos. We've got many, many school buildings in the state that are way more than 100 years old," she added.

Instead of turning forfeitures over to the state's school system, the state Highway Patrol spent $70,000 on new weapons. And in Phelps County, which sits astride the east-west throughway Interstate 44 and which profited the most from asset forfeiture, the sheriff spends the money on the department's buildings -- not school buildings.

State Rep. Shamed Dogan (R-St. Louis) is working on a partial fix. He has authored House Bill 1501, under which only cases involving more than $50,000 could be handed over to the feds. (He had originally pegged the figure at $100,000, but has now halved it after "pushback from law enforcement.")

Dogan told KMBC that cases over $50,000 account for about 20% of asset forfeiture cases statewide and that he believes many smaller seizures are from innocent victims or involve rights violations.

"We can eliminate that incentive for them to just take money or take property," Dogan said. "The government seizes their money and says, "we think you're a suspected drug dealer. The government never produces any drugs, never charges you with a crime and then you have to spend more than they've actually seized trying to get your property back. That's unfair."

The $100,000 version of Dogan's bill is currently stalled in the legislature. Facing law enforcement opposition, the House Crime Prevention and Public Safety Committee voted in February to postpone action on it, and the bill has no hearings scheduled and is not on the House calendar.

Perhaps he can get the $50,000 version moving. In the meantime, Missouri's cops continue to perversely profit from prohibition, while the state's schools are out of luck.

Categories: Asset Forfeiture

Chronicle AM: New York Pot Politics, MO Cops Diverting School Funds, UK Pill Testing, More... (5/15/18)

Asset Forfeiture (STDW) - Tue, 05/15/2018 - 20:06

Marijuana policy is front and center in New York, Missouri cops are doing an end run around a state law requiring seized cash go the the state's schools, Britain sees its first permanent pill testing center for recreational drug users, and more.

[image:1 align:right caption:true]Marijuana Policy

New York Democratic Party About to Endorse Marijuana Legalization. The state Democratic Party is expected to pass a resolution in support of marijuana legalization at its convention next week, a party document says. The move comes as Gov. Andrew Cuomo (D) faces a primary challenge from actress Cynthia Nixon, who has embraced legalization.

New York Governor Says Marijuana Legalization Report Coming Any Day Now. A long-awaited report on the impact of marijuana legalization in other states and how New York might be effected will be released "within days," Gov. Andrew Cuomo (D) said Monday. "That report should be done shortly," Cuomo said. "How do you define shortly? It is supposed to be done by calendar, it should be done within days." Cuomo had opposed legalization, but has lately been shifting his ground. "To say well, it won't be in New York I think is to avoid reality at that point," Cuomo added. "The facts changed on this issue and the facts changed quickly."

New York City Mayor Says NYPD Will Change How It Enforces Marijuana Laws. Two days after the New York Times reported on continuing vast racial disparities in marijuana arrests in the city, Mayor Bill de Blasio announced Tuesday that the NYPD will be changing how it enforces the pot laws. "The NYPD will overhaul and reform its policies related to marijuana enforcement in the next 30 days," de Blasio said. "We must and we will end unnecessary arrests and end disparity in enforcement. It's time for those to be a thing of the past in New York City and all over this country.

Medical Marijuana

Pennsylvania Governor Okays University Research on Medical Marijuana. Gov. Tom Wolf (D) has given the go-ahead for eight universities in the state to start studying medical marijuana. It would be the commonwealth's "first step towards clinical research" on the drug. He formally declared them to be "Certified Academic Clinical Research Centers."

Asset Forfeiture

Missouri Cops Steal Money From School Kids. Under state law, money seized as asset forfeitures by police is supposed to go to the state's schools, but that's not what's happening. Missouri law enforcement agencies seized more than $19 million in the last three years, but only $340,000, or about 2%, actually made it to schools. That's because law enforcement agencies instead turn asset forfeiture cases to the federal government under an arrangement that allows 80% of the seizure to go back to the seizing law enforcement agency. A bill to limit the practice was defeated last year, but is back again this year.

International

Britain Sees First Pill Testing Center. The first pill testing center for recreational drug users in Britain has opened in Bristol. Pill testing has gone on at a number of British music festivals, but the new pop-up lab is the first permanent installation. It will be run by a charity, which will also provide drug counseling sessions.

Georgian Government Promises New Drug Policy by June. In the wake of a weekend of drug busts and mass demonstrations against them, Parliament Speaker Irakli Kobakhidze said Monday the government will adopt a new, more liberal drug policy by the end of June. He said the ruling Georgian Dream Party was split on the issue, but added that he thought an agreement could be reached. "Even though there are different positions in the ruling party, we also have the resources to achieve an agreement. We want to draft a bill and submit it in the next two weeks, which will be a precondition for adopting a law by the end of June," he said, adding the main aim of the draft is to reduce drug consumption in the country and adoption of a more humane policy.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Categories: Asset Forfeiture

CN BC: Civil Forfeiture Violates Charter, Case Argues

Asset Forfeiture (MAP) - Mon, 02/12/2018 - 08:00
Globe and Mail, 12 Feb 2018 - British Columbia's civil forfeiture regime violates the Canadian Charter of Rights and Freedoms by forcing individuals to produce evidence against themselves and by resulting in penalties that are grossly disproportionate, says a new constitutional challenge. The case, which will proceed to trial in B.C. Supreme Court in November, stems from a 2015 police search of a multi-million-dollar home on Vancouver's west side that turned up hundreds of marijuana plants. It is expected to be the second constitutional case involving B.C.'s Civil Forfeiture Office heard this year; a case involving the Hells Angels is scheduled for April.
Categories: Asset Forfeiture
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