Lawmakers attempt dual check on federal power

Bipartisan legislation introduced in the House this month would simultaneously scale back the federal government’s long-failed war on drugs while also working to halt law enforcement civil asset forfeiture programs.

The Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act of 2015, introduced by Reps. Justin Amash (R-Mich.) and Ted Lieu (D-Calif.), would specifically bar the federal government from using money from civil forfeiture to fund the Drug Enforcement Administration’s marijuana eradication efforts.

If passed the bill would stipulate that “beginning in fiscal year 2015, and for each fiscal year thereafter, no amounts in the Fund may be used for the Domestic Cannabis Suppression/Eradication Program of the Drug Enforcement Administration, or any substantially similar program.”

The bill packs a clever one-two punch for the federal law enforcement efforts, considering that the DEA largely relies on funds confiscated from individuals accused of growing marijuana to fund its eradication efforts.

The lawmakers say that the legislation is largely aimed at encouraging the federal government to stop wasting resources on enforcing marijuana prohibition as a growing number of states are embracing legalization.

“The federal government should focus its precious resources on other issues and let the states innovate in the cannabis field. I am proud to introduce this bipartisan bill along with Congressman Amash,” said Lieu.

Amash further noted that the bill offers valuable protections for Americans at risk of having their property seized by the federal government without due process.

“Civil asset forfeiture allows innocent people to have their property taken without sufficient due process, and this program encourages civil asset forfeiture by allowing the DEA to use the proceeds of seized property to fund marijuana prohibition enforcement,” he said. “[E]nforcement [of marijuana laws] is a state-level issue, and an increasing number of states are deciding to back off from prohibition.”

According to a February report from the Institute for Justice, the Department of Justice’s civil asset forfeiture programs raked in about $6.8 billion worth of cash and property between 2008 and 2013. In 2014, the DEA’s cannabis eradication efforts alone led to the confiscation of $24 million in cash and other assets.

Personal views about marijuana aside, the legislation offers a win for both state’s rights and individual due process protections.

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