Congressman John Conyers recently sent a letter to the acting DEA administrator questioning the DEAs aggressive enforcement of marijuana laws against medical growers and users in California. Obviously Congressman Conyers does not fully understand the forfeiture provisions of our federal laws related to drug indictments. The DEA is able to seize millions of dollars of assets even if a defendant is found not guilty of any violation of federal law. There is a civil forfeiture provision that follows the civil burden of proof instead of the criminal standard of beyond a reasonable doubt. The use of this forfeiture tool has only recently been used in South Carolina. It has been as standard tool for indictments in Miami and Florida in general. Defense lawyers usually will represent a client in the civil forfeiture proceeding as well as the criminal indictment.
The DEA has stated that medical usage of marijuana is not recognized by the federal government. The DEA has failed to understand that the 50 states of this country can grant their citizens more rights than the federal government. The expansion of the DEAs power over the years has come to mean that the DEA has control over all drugs in this country. This includes the DEAs power to decide which drugs will be scheduled as illegal for distribution to the public, i.e., cocaine, heroin, ectasy,
In theory the DEA could make asthma inhalers illegal or change the schedule level for the inhalers. Thereby controlling the use of the product to their desires and not to the desires of the medical doctors prescribing the inhaler. Medical doctors, not DEA Administrators or agents, are the proper party to determine what products are safe for the public.
California State Representative Carole Migden has introduced a resolutions to end federal raids in states that have legalized medical marijuana. More people are hurt and killed by alcohol than any other drug. Yet the abuse of alcohol carries no penalty unless the abuse is behind the wheel of a car. (DUI)
