DOJ Agrees To Return Cash Seized From Company Transporting Proceeds From Sales Of Legal Weed

from the we’re-in-the-right-say-people-who-folded-like-a-cheap-card-table dept

In February, money transport enterprise Empyreal Logistics sued the DOJ and a California sheriff for the lifting of almost $1.2 million in money from its drivers throughout two visitors stops. Empyreal, which notes that it follows all federal steerage for the transport of money generated by authorized marijuana gross sales, was hit twice in California, leading to officers strolling away with a complete lot of authorized money (and bringing within the feds to make sure they might take residence as much as 80% of the take). Different Empyreal drivers have been pulled over in Kansas, throughout which $165,000 was seized by legislation enforcement and handed over to the DEA.

The sued sheriff, Shannon Dicus, claimed (with out presenting proof) that just about all marijuana offered by dispensaries is grown illegally, thus justifying his resolution to take money that had been earned legally. He additionally claimed he and his deputies have been doing the lord’s drug warfare work and “would prevail” on this lawsuit.

He’s flawed about each issues, as Noah Taborda stories for the Kansas Reflector. (h/t Marijuana Second)

The U.S. Division of Justice agreed Wednesday to return all money seized from an armored automobile firm utilized by authorized marijuana dispensaries throughout a number of visitors stops in California final 12 months.

The California seizures occurred primarily based on what authorities realized in Kansas throughout a Could visitors cease of an Empyreal Logistics automobile. Conversations between state and federal legislation enforcement businesses stemming from this cease resulted in a collection of occasions through which Kansas and California officers seized greater than $1.2 million.

Be aware how rapidly the DOJ folds when challenged throughout forfeitures. The DOJ — together with state and native legislation enforcement businesses — are likely to play the chances, assuming that not everybody relieved of money or property will sue. And if the greenback quantity is low sufficient, it’s nearly assured they gained’t be sued.

However when the DOJ (and others) are sued, they have an inclination to return property fairly rattling rapidly. Empyreal was represented by the Institute for Justice on this case, an entity that has efficiently secured a number of returns of property illegally seized by authorities staff.

And this isn’t the tip of the litigation, though it has resulted within the return of virtually the entire cash seized by legislation enforcement officers in two states. Because the Institute for Justice notes, the sheriff who claimed he would prevail remains to be being sued and Empyreal remains to be in search of the return of $165,000 seized in Kansas.

In change for the return of the funds, Empyreal will dismiss its case towards the federal authorities over the seizures. The settlement introduced at the moment doesn’t embrace the San Bernardino County Sheriff and doesn’t have an effect on a separate civil forfeiture motion in Kansas through which Empyreal is represented by separate counsel. 

The seizures in California expose the unhealthy religion actions of native legislation enforcement. Weed gross sales are authorized in California however unlawful underneath federal legislation. Seizing the money and sending it to the feds laundered the forfeiture, permitting it to be represented as unlawful earnings underneath federal legislation when the identical earnings could be thought-about authorized underneath state legislation. This can be a crime of alternative. And it’s being perpetrated by legislation enforcement officers who’d relatively produce other folks’s money than a pristine status or a wholesome relationship with the folks they serve.

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