California Judge Orders District Attorney to Return $100,000 to Medical Cannabis Business Owner

James Slatic, who owned a medical cannabis businesses in Kearny Mesa called Med-West Distribution, California and had 35 employees, was the subject of a raid in January 2016. His employees were arrested and later released without charges, and Slatic’s business and personal assets were frozen and later confiscated. Now, over a year later, Slatic will finally be receiving over $100,000 back thanks to a recent Supreme Court ruling.

Slatic’s journey has been difficult since the raid occurred. His personal accounts, including a college savings account for his daughter, was seized in a civil asset forfeiture, which allows police to seize civil property suspected of being connected to a criminal activity. The San Diego District Attorney’s (DA) office offered resistance throughout the process, claiming that the money was subject of a criminal investigation. Then, after a key deadline wasn’t met, the DA said it was the subject of a money laundering case, which was never pursued by law enforcement.

Earlier this year, Slatic’s lawyer filed a motion stating that the statute of limitations had been met, therefore the money had to be returned. In response, the DA argued that according to health code they had until June of 2017 to file against the property. This action prompted investigation if the time allowed began with the freezing of the assets or when the warrant was filed to do so.

On May 5, San Diego Superior Court Judge Tamila E. Ipema ordered the San Diego DA to return the assets that were initially seized, noting that the money could not be held indefinitely without any charges and there was expectation to see charges filed “in the near future.” However, the DA has plans to appeal the judgement. In an email to The San Diego Tribune, DA spokesman Steve Walker said: “The investigation remains under review for potential criminal charges, therefore the District Attorney’s Office is not able to discuss the facts, the status of that review or any evidence related to it.”

Still, Slatic and his family can breathe a sigh of relief for now. “It is about time” Slatic said in a statement. “We did nothing wrong. My business operated openly and legally for more than two years; we paid taxes and had a retirement program for our 35 employees. No one broke any laws but the District Attorney swooped in and took everything from me and my family, even though they had no connection to my business. Our lives were turned upside down. It felt like we had been robbed—by the police.”