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Asset Forfeiture (STDW)

Chronicle AM: CA Forfeiture Bill Advances, 9th Circuit Blocks DOJ MedMj Meddling, More... (8/16/16)

Tue, 08/16/2016 - 20:33

California is moving to reform its civil asset forfeiture system, a federal court has told the Justice Department it can't spend funds to prosecute state-compliant medical marijuana businesses, and more.

[image:1 align:left caption:true]Medical Marijuana

Federal Appeals Court Blocks DOJ From Going After Medical Marijuana in States Where It Is Legal. The 9th US Circuit Court of Appeals ruled Tuesday that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.

Maryland Names Medical Marijuana Growers and Processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.

Asset Forfeiture

Bipartisan Asset Forfeiture Reform Bill Passes California Assembly. Civil asset forfeiture reform legislation authored by Senator Holly Mitchell (D-Los Angeles) and David Hadley (R-Torrance) passed the Assembly Floor by a 67-7 vote Tuesday. The bill has already passed the Senate, but must now go back for a concurrence vote. The The bill will require that in all cases where law enforcement seize cash under $40,000, that there be a conviction in the underlying criminal case, before that money flows to law enforcement coffers. The same protection would be afforded homes, land, and vehicles, regardless of value. Under current law, there is not such protection for cases sent into the federal system, and the current threshold for cash in state law is $25,000, established in 1994. The measure is Senate Bill 443.

Categories: Asset Forfeiture

Chronicle AM: WA Legal MJ Sales Top $1 Billion, AR Welfare Drug Testing Flop, More... (8/5/16)

Fri, 08/05/2016 - 20:43

Arizona legalizers fight a lawsuit aimed at knocking them off the ballot, Washington rakes in the tax revenue from legal pot, asset forfeiture is in the news in California and New York, and more.

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

Arizona Legalization Campaign Wants Lawsuit Tossed. The group behind the state's legalization initiative has asked a judge to throw out a lawsuit filed by foes seeking to keep the measure off the November ballot. The Campaign to Regulate Marijuana Like Alcohol argued that the effort is more about politics and ideology than ensuring state law is followed. Foes argued that the ballot measure's summary language does not describe everything the initiative would do. Both sides will be in court a week from today.

In Face of Uproar, Oregon US Attorney Drops Federal Marijuana Charge Against Teen for One Gram of Weed. Rather than prosecute Devontre Thomas, 19, for possession of a gram of marijuana, federal prosecutors have agreed to enter him into a pretrial diversion program. The move comes after Oregon elected officials said the prosecution was overkill.

Washington State Sees Legal Marijuana Sales Push Past Billion Dollar Mark. After a sharp jump in adult sales last month as medical dispensaries were shut down, the state has now seen pot sales edge past a billion dollars, if revenue from processors and producers is included. The state has collected $273 million in excise taxes on the sales since they began two years ago.

Asset Forfeiture

California Asset Forfeiture Reform Bill Set to Move After Compromise. After discussions with law enforcement groups, state Sen. Holly Mitchell (D-Los Angeles) has amended her asset forfeiture reform bill, Senate Bill 443, so that only property seizures worth less than $40,000 would require a criminal conviction before permanent seizure. Seizures higher than that amount would not require that standard of proof. Mitchell said the compromise would allow police to preserve their ability to go after large criminal enterprises. The police groups have now dropped their opposition to the bill.

NYPD Sued for Failure to Release Asset Forfeiture Data. NYPD collected more than $6 million in asset forfeiture revenues in 2013, but is ignoring records requests for information on how it collects and distributes the cash it seizes, according to a lawsuit filed Thursday by a legal aid group representing low-income people. The group, Bronx Defenders, had submitted a public records request nearly two years, but NYPD has been unresponsive, the lawsuit alleges.

Drug Testing

Arkansas Welfare Drug Test Program Finds Hardly Any Drug Users. According to data released this week by the Department of Workforce Services, exactly one welfare applicant out of 800 has failed a drug test. Another four refused to take it, rendering them temporarily ineligible for benefits. All five taken together constitute 0.63% of welfare applicants. The one failed drug test means 0.125% of all applicants tested positive. Arkansas and other states that have enacted such laws have done so on the unspoken assumption that welfare applicants are using drugs at the taxpayers' expense, but, once again, that has proven not to be the case.

Categories: Asset Forfeiture