A Big Win in Cannabis and Civil Asset Forfeiture

Michael Cindrich and his California law offices of Michael E. Cindrich APC in San Diego California has recently achieved one of the largest victories in the world of cannabis arrests and civil asset forfeiture. 

Michaels client, Shawn Smith, had endured a home invasion, a SWAT style raid where law enforcement took over 3 ounces of cannabis extract, 55 pounds of raw cannabis flowers, and over $43,000 of his medical collectives cash on hand. 

Other assets, including a Toyota truck, three handguns, two hunting rifles, an A.R. 15, two bulletproof vests, ammo, and a motorcycle were seized from his home. 

The agents then went to his bank, and seized another $110,000 from his bank account.

In June, Smith's case moved through the San Diego North County Courthouse extremely quickly. Within 10 minutes, the jury had voted not guilty on the charges of possession for sale and manufacturing. Smith was found not guilty on all of the charges that the DA had filed. The courts acknowledged that Smith was operating in a legal way and his group was saving money for storefront location.

Cindrich, was granted his return of property motion. The government returned the 55 pounds of raw flowers, 3+ ounces of extracts, the Toyota, all of the guns, the bullet proof vest, the ammo and other items. However at that time the government refused to return the $150,000 and the motorcycle that were seized initially.

Now here's where the case gets interesting. The state agents that had participated in the seizure were sworn in as both state and federal agents. However, since Smith's assets were seized by California state agents under a California state issued warrant, Cindrich was able to argue that the statute of limitations in California had lapsed, and at the property return was required pursuant to California state law.

More recently the judge again ruled in Smith's favor and he got his motorcycle back, while Cindrich reports that the $150,000 should be returned in the next few weeks.

Believe it or not this was Cindrich 3rd cannabis related not guilty verdict in four months time, and all cannabis enthusiasts should commend him on his efforts and his role in furthering cannabis rights.

The moral of the story is that before you get involved with this industry, do your research, know the laws, and find an attorney that knows what they're doing. Most importantly, never ever give a statement to law enforcement without counsel.

~CZ 

The Ed.

MJ Consumers do NOT give infused candy to kids on Halloween

This editorial is brought to you by Natures High Edibles.

Today is Halloween, so you know what time of year that means. Law enforcement and cannabis prohibitions are bringing back the "Cannabis Edibles Halloween Candy Epidemic" argument again. "Make sure to watch closely Mom and Dad! At any moment your kid can come home with an excessive or possibly lethal dose of cannabis edibles."

Firstly, you can not physically overdose on edibles (You may go mentally "too deep" from over-consumption, and while not the most fun, this certainly isn't deadly). 

Cannabis is recreationally legal in 4 states and DC. Despite zero reports of kids getting dosed candies, the anti-cannabis movement always seems to bring these arguments up this time of year. 

As far as I have checked, I couldn't find anything (and I went to page 5 of this google search. Granted, page 5 on google isn't a deep search by any means, but if it were a major issue I would have stumbled across at least one article by now) . 

I spoke with an edibles enthusiast and a legal cannabis business insider. The following are reasons as to why this won't happen:

  1. No one wants to give their stash away to strangers
    1. Most especially children
  2. Cannabis edibles are really expensive
    1. One cannabis candy bar costs around $20+
  3. "I want to consume those edibles, I bought them for me"
  4. Only truly bad people dose others without their consent, and moreover commit felonies when they do so. Those people should and would get arrested.

So parents, heed these words of advise:

Don't freak out, and stop your kids from going trick-or-treating. Keep a careful eye on them, and look over their spoils once the night is over and you are back home. It never hurts to double check and stay on the safe side. And hey, on the extremely slim chance someone actually has the audacity to slip an edible into your kids bag, because you're being a good parent and checking, you'll find it, and Mommy and Daddy get Halloween "Candy" too!

~CZ

The Ed.