Why the police should be held responsible for the destruction of legally grown cannabis
For those of us who have smoked cannabis long enough, our relationship with the police is not “the best”. However, this mistrust is not unjustified. You can simply look through the arrest logs for the past 20 years to see how cannabis users have been attacked and accused of simple possession
While cannabis may still be illegal at the federal level, many states have legalized it for recreational or medicinal purposes. This has changed the dynamic between the police and people legally sanctioned to grow weed. However, the bulls still have many advantages when it comes to harassing cannabis users and breeders alike.
A recent Forbes article illustrated how the police can get away with destroying hundreds of thousands of dollars’ worth of goods and not having a legal obligation to pay compensation to those affected by an unlawful seizure.
The story is about Chelsea Sutula, who was illegally arrested by Ventura County Sheriff’s MPs in 2016 and who confiscated $ 350,000 in cannabis and an additional $ 34,000 in cash from the Sespe Creek Collective.
Satula is the CEO of Sespe Creek.
After her arrest, she would fight criminal charges for the next five years, which were subsequently dropped. The money was also returned to her – however, she had to file a civil lawsuit against the sheriff’s department to have her cannabis returned.
The cannabis was kept in an evidence locker for five years, and over time, after insects, mold and natural decomposition had taken place, the entire seizure was rendered “worthless”.
The £ 25 was eventually delivered to Chelsea, but at that point there was no monetary value left for the harvest.
The problem is not that the cops are bringing the weed back, this is actually normal police practice, especially when they have a false accusation or conviction. The problem, however, lies in the nature of cannabis itself.
Police officers don’t have to specifically store the cannabis they seize, which means they can literally just toss it in an evidence drawer and look away. In the case of Chelsea, it took a whopping five years before they were instructed to return it to its rightful owner.
While many law enforcement agencies argue that storing the cannabis safely will limit their ability to investigate criminal misconduct, places like Oregon require the police to keep the cannabis in a “usable condition” and to pay compensation to owners if they do turns out that the harvest is legal.
However, this only applies to medical cannabis.
More importantly, due to the illegality of cannabis at the federal level, there are serious issues with police officers returning weed at all, as mentioned in the above article.
Other states don’t even do that much. In 2017, the Colorado Supreme Court ruled, in a ruling by a judge believed to have been shortlisted by former President Donald Trump for US Supreme Court candidates, that law enforcement in that state “did not use cannabis the legal process “can return enforcement obligations.”
Returning legal cannabis to citizens who should not have been allowed to confiscate it is only permitted if “it complies with state and federal laws.” Since cannabis is still illegal under federal law, just returning it by law enforcement agencies is “similar to distributing a controlled substance,” the University of Colorado-Boulder reported in a press release. – FORBES
Now Chelsea Sutula is trying to sue the Ventura County Sheriff’s office for legal compensation and this is definitely something that could make waves across the country if more places are legalized. If Sutula is successful, it would encourage the police to make sure that if they do seize legal cannabis, they have to store it appropriately or pay the difference.
It did so once back in 2010 when a medical cannabis patient in the San Luis Obispo district won a case against the police and received $ 20,000 in compensation for six pounds of cannabis. If Sutula wins, it would be the largest payout in the country from a police agency to an unjustly accused person (collective).
Why this matters and why cannabis insurance is going to be a big deal
Once again, one of the main issues in this story is the illegality of cannabis at the federal level. We are seeing more government legalizations going on and as a result, many legal businesses could be targeted by the police. I am not saying that the police are targeting these companies to harass them (but some can be) – rather, we are saying that if the police make a mistake, they should be held responsible for their property.
Think of it this way if the cops confiscate a Lambo and then return it scratched, a few tires missing and the door removed – they would be held responsible for the condition of the goods. Cannabis is good too, and currently you can return the “Lambo” completely scratched and damaged without incurring any consequences for your actions.
This is something we need to look into as we push legalization across the country. We’re getting to a point where these types of judgments need to be addressed, especially since one in two Americans lives in a place where cannabis is reasonably legal. If we look at the cultivation of hemp – which can sometimes be confused with “illegal drugs” – the entire nation is governed by some sort of cannabis law.
There must be some rules about engagement and remuneration. What do you think of this, I’d love to hear about it in the comments section so let us know how cops should be held liable for property seizures or if they shouldn’t be held responsible at all.
https://www.forbes.com/sites/chrisroberts/2021/10/31/why-police-can-ruin-confiscated-marijuana-even-if-its-legal-and-why-they-dont-have- to pay for it/
SHOULD THE POLICE BECOME RESPONSIBLE, READ MORE …
INNOCENT MAN CONFRONTED POLICE OFFICER CONDUCTING HIM.
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