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The war on drugs is just a conflict that can not be won. You have two sides equally funded,corrupt and armed. The only obvious difference is one side carries a badge. Until the attitude of the country changes to realize what a person does to their body without doing harm to others is their own business, this will continue.
...What I do know about, because I was told this directly from the agent in charge, is a case in Oklahoma. Someone who lived not far from me in a paid-for house was caught with one (1) mj plant growing in his back yard. The agent just flat told me he will lose his house. He went on to explain that money from seized assets goes directly to their department to buy them vests, guns, cars, etc., so they are quite keen on making such busts...
I cannot imagine a federal judge taking a house for one plant - at all. That CAN'T be a federal case. Particularly if the house was already paid for. Even using the theory of 'substitute assets' (a confusing extrapolation I'm not going to get into here), any first year law student could get that thrown out.
With respect to the war on drugs, unless you are piloting a submarine ferrying a couple thousand pounds of raw cocaine up the coast, that war kinda' ended a couple decades ago.
With respect to the war on drugs, unless you are piloting a submarine ferrying a couple thousand pounds of raw cocaine up the coast, that war kinda' ended a couple decades ago.
Seems that the Oklahoma Bureau of Narcotics didn't get the memo. Along with a few other states.
I have a friend in OKC who's son was recently arrested and booked into jail for an extremely small amount of mj found in the door handle of his car.
There are places where the war is still in full swing.
In Oklahoma, cultivation is punishable by LIFE in prison.
In Oklahoma, as one of her first acts after being sworn in, the governor signed into law a bill that increases the maximum penalty for making cannabis oil to DOUBLE LIFE.
In Oklahoma, it wasn't all that long ago that Patricia Spottedcrow was sentenced to 12 years in prison for selling $31 worth of pot to an undercover cop.
Because of $31 in marijuana sales, Patricia Marilyn Spottedcrow is now serving 10 years in prison, has been taken away from her four young children and husband, and has ended her work in nursing homes.
Three days before Christmas, Spottedcrow, 25, entered the Eddie Warrior Correctional Center.
So DOJ isn't sharing, but forfeiture is still happening.
Doesn't sound like a victory in the war against the war on drugs to me as the title of the thread suggests.
Sure it does. Nothing happens overnight, but every little chip in the armor is a victory. Every war's soldiers celebrate battle victories as they occur, long before the war itself is over.
I cannot imagine a federal judge taking a house for one plant - at all. That CAN'T be a federal case. Particularly if the house was already paid for. Even using the theory of 'substitute assets' (a confusing extrapolation I'm not going to get into here), any first year law student could get that thrown out.
With respect to the war on drugs, unless you are piloting a submarine ferrying a couple thousand pounds of raw cocaine up the coast, that war kinda' ended a couple decades ago.
Maybe it was time to end AF sharing...
What planet do you live on? Not trying to be rude, but...???
In Oklahoma, it wasn't all that long ago that Patricia Spottedcrow was sentenced to 12 years in prison for selling $31 worth of pot to an undercover cop.
Actually she was released after two years. Still, two years to long. Seriously, if they must make it illegal the worst that should happen is the weed is taken away and given a small fine and let go.
So they're deferring sharing payments. Does that mean DOJ keeps it for themselves?
Yes.
Also, this is federal asset forfeiture, which are fines and seizures post-conviction. This is by far the largest share of forfeiture money (with most of it coming from fraud like the Madoff scam and the Toyota safety fraud rather than from drug related crime).
Civil forfeiture, the program that allows seizure of assets without a conviction is different, and mostly done at the state level which is unaffected by this.
In a just system, any amounts seized that are in excess of the maximum fine for the crime in which someone is charged of should be returned immediately. For example if $1,000,000 is seized and the maximum fine for the crime is $25,000 then $975,000 should be returned immediately. The strategy of denying the accused funds to hire competent council is absolutely unjust.
The remainder of seized funds should be held in trust. If a conviction occurs it should be applied to the fine. If a conviction does not occur, it should be returned as soon as administratively feasible after an acquittal or charges are dropped.
The whole point of AF is to seize assets to pay fines that have already been levied. The seizures are made post-conviction (or guilty plea). You are thinking of civil forfeiture, which is a different program.
Yes.
Also, this is federal asset forfeiture, which are fines and seizures post-conviction. This is by far the largest share of forfeiture money (with most of it coming from fraud like the Madoff scam and the Toyota safety fraud rather than from drug related crime). Civil forfeiture, the program that allows seizure of assets without a conviction is different, and mostly done at the state level which is unaffected by this.
Thank you for clearing that up. The bold text bears repeating and shows that it isn't a "victory" at all. Not even a little bit.
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