As part of the ongoing federal crackdown on medical marijuana in California, Melinda Haag, United States attorney for the Northern District of California, has set her sights on well-known dispensary owner and activist Richard Lee. Lee founded Oaksterdam University, which…
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Monthly Archives: October 2011
Oaksterdam University Founder Threatened with Asset Forfeiture
Wendy McElroy on “The American Nightmare That Is Civil Asset Forfeiture”
Libertarian writer Wendy McElroy provides a concise overview of civil asset forfeiture laws in the United States with the recent Motel Caswell seizure in Massachusetts as the key example. Her conclusion is worth quoting extensively: Not only does civil forfeiture…
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Fake Federalism
On Friday, the Senate rejected Sen. Jim Webb’s proposal to create a commission that would examine America’s criminal justice system at all levels and recommend changes that would make law enforcement more equitable and cost-effective. The opposition offered a rather…
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Posted in federal
WSJ on the Camp Zoe seizure
Excellent coverage! Let me excerpt briefly here: Under federal law, a property owner can face 20 years in prison if prosecutors can prove the owner knowingly allowed illegal drugs to be used or sold on his premises—even if he isn’t…
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Tagged with: Camp Zoe, Dave Roland, Freedom Center of Missouri, Jimmy Tebeau, Missouri, Richard Callahan
Posted in Drug War, federal, states
Posted in Drug War, federal, states
U.S. Attorney Targets Marijuana Friendly Press Outlets for Forfeiture
Federal prosecutors continue to employ asset forfeiture as their weapon of choice in their new offensive against medical marijuana in California. California Watch reports: U.S. Attorney Laura E. Duffy, whose district includes Imperial and San Diego counties, said marijuana advertising…
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Please Join Us In Opposing H.R. 313
We ask you to join Americans for Forfeiture Reform and the Drug Policy Alliance in registering your opinion on H.R. 313 by clicking on our Facebook/Popvox links. Your opinion will be delivered to your congressperson. H.R. 313, the Drug Trafficking Safe…
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Tagged with: Adam Schiff, administrative forfeiture, asset forfeiture, Chill Freedom of Assembly, Chill Freedom of Speech, Congress, Congressman Adam Schiff, Congressman Lamar Smith, conspiracy, Controlled Substances Act, corruption, CSA, David Roland, Drug Policy Alliance, Freedom Center of Missouri, H.R. 313, House Judiciary Committee, HR 313, Lamar Smith, mandatory minimums, Marc Emery, minimum sentencing, prosecutors, Suppress Voter Intent, the Drug Trafficking Safe Harbor Elimination Act of 2011
Posted in Drug War, federal
Posted in Drug War, federal
Prosecutors Should Not Play Legislator
At every level of government in America, the power of the purse is given to the polity’s legislative body, whether that’s Congress, a state assembly, or a group of county commissioners. However, asset forfeiture funds allow prosecutors to partially usurp that…
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Posted in states
The Federal Loophole: Part 3
At last, consideration needs to be given to closing the loophole. Obviously the most direct and effective way is to shut down the federal equitable sharing program. This would prove difficult for several reasons. Hundreds of millions of dollars are…
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A $250 million pie the DOJ can’t let go of
Mike Scarcella at the Blog of Legal Times reports on a massive DOJ forfeiture action implicating hundreds of third party interests: Prosecutors in Washington are objecting to a judge’s order that requires the government to provide a more detailed explanation of…
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Tagged with: Daniel Claman, Deborah robinson, Eurofed, Pavlo Lazarenko, Teresa Turner-Jones, third party
Posted in federal
Posted in federal
Feds Use Forfeiture as a Cudgel Against Medical Marijuana Dispensaries
The federal government is once again ramping up its war on medical marijuana in states such as California where it is legal under state law. They have always used asset forfeiture to threaten medical marijuana dispensaries, but the new strategy…
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Missouri’s civil forfeiture felony conviction requirement
Missouri’s civil forfeiture statute carries a requirement that it be accompanied by a related felony conviction: Pursuant to SectionSection 513.617 and 82.1000, is a felony conviction related to forfeiture required before property can be forfeited by the government? City of Springfield,…
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Tagged with: City of Springfield, felony conviction, Missouri, Missouri v. Vincent Lee Gee and Peggy L. Gee
Posted in states
Posted in states
Institute for Justice Attacks Equitable Sharing
The Institute for Justice (IJ)–a “merry band of libertarian litigators,” as George Will described them–has joined a lawsuit to protect Russell and Patricia Caswell from having their Tewksbury, Massachusetts motel forfeited by the federal government. The Caswells are not charged…
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California NORML: Obama Administration ramps up war on medical marijuana, attacks dispensaries in “sensitive areas” with property
Our friends at California NORML just sent out this press release: SAN FRANCISCO – In yet another attack by the Obama administration on medical marijuana, US Attorneys in California have sent out a series of letters threatening landlords with property forfeiture for renting…
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Tagged with: BATF, California, Dale Gieringer, DEA, IRS, Lynette Shaw, Marin Alliance for Medical Marijuana, NORML
Posted in Uncategorized
Posted in Uncategorized
This Pretty Well Speaks for Itself
I’ve been out of town on vacation since the middle of last week, so I missed this story when it first appeared, but I can’t pass it up in good conscience: The former Romulus police chief, his wife and five…
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Posted in states
Forfeiture roundup 10/2/2011
1. Tennessee’s Department of Safety and Homeland Security graciously provides this FAQ for people who’ve had their property taken from them (sarcasm intended). 2. New Mexico cops seize 102 pounds of marijuana and 28 guns from New Mexico resident. Money…
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Tagged with: Camden County, Jackson County, Kansas, New Jersey, New Mexico, Oregon, Shawnee County, State Department, Tennessee
Posted in Drug War, federal, states
Posted in Drug War, federal, states
Elizabeth Warren should know better
Elizabeth Warren, the Democratic contender for the US Senate seat in Massachusetts currently occupied by Senator Scott Brown (R-MA), recently released a statement that’s getting considerable traction around the web that I found somewhat misguided and worth a comment: There…
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Tagged with: Elizabeth Warren, FDA, Gibson Guitars, ICE, marijuana, NOAA, Rawesome, tyranny
Posted in federal
Posted in federal
Ron Paul gets asset forfeiture
While Americans for Forfeiture Reform is a non-partisan organization and does not endorse candidates for elected office, we do think it is important to note when candidates or elected officials acknowledge the problems that exist with America’s draconian asset forfeiture…
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