new-logo25Author: Chuck Frank

Marijuana photo1

There’s a new gold rush today, yet it truly remains a gamble when a person grows medical marijuana or recreational weed.  But is it worth losing one’s land, their cash, their car or going to jail?  Asset forfeiture is the key word here and it is alive and well in America.  The Department of Justice (DOJ) is a federal agency that is on a mission. and it is called POLICING FOR PROFIT.  The DOJ just changed the rules again to where this federal agency reinstated the “equitable sharing” program with states and local governments.  The policy, once again creates a windfall of profits for these players.

Watch Mike Papantonio’s expose’ on asset seizures

Civil asset forfeiture allows the government to freeze bank accounts,  seize property and cash from Americans with no charge, while even the
mere suspicion of wrongdoing will get a person arrested.  In most jurisdictions, the seizing agency gets to keep some or even all of the proceeds, creating a clear profit motive for the agencies who are  involved in taking property.

“The equitable sharing program also provides an 80% kickback to the seizing local agency, which is a larger share of the proceeds than
many states allow. As one might expect, the more a state restricts the use and abuse of civil asset forfeiture, the more state and local
police tend to rely on the federal program instead.  In short, equitable sharing creates a federal incentive for law enforcement to
sidestep state law and chase profits under federal law instead.” (The Cato Institute)

If anyone is involved in a marijuana case you not only become a suspect, you may fall into the arena of probable cause, but also you may not even be charged or convicted, but all of your assets can be seized, and in certain cases, a person may even be denied a court hearing.

Five billion dollars in civil assets were seized in 2014 by law enforcement.  That’s more than what was seized by real criminals. In plain language, what is this called?  It is called Third World extortion!

Whether you are a person for or against marijuana cultivation, it makes no difference because the act of asset forfeiture does not merit the seizing of one’s land, their house or any of their other assets by the government.  Isn’t your home and your effects your castle?  Once more, one needs to feel secure in their own home but the present policies of the DOJ and local law enforcement do not play into this assumption.  Remember, they’re on a “mission.”, and they pay no attention to the 4th amendment of the U.S. Constitution that is meant to protect the people from their own government.

It needs to be understood that administrative forfeiture is the process by which property may be forfeited to the United States without “judicial involvement.”  Federal seizing agencies are the ones responsible for this.  Any and all takings are “supposed to be” based from the beginning on probable cause, and the authority of those seizing agencies, with regard to administrative forfeiture action, may be seen here…19 U.S.C. § 1607.  But remember, one’s Real property cannot be forfeited administratively.  For that, there needs to be the protection which comes from the right of a jury

“Any part of this article cannot be construed to be legal advice. Any legal inquiry needs to be done with a lawyer or an attorney. “