POLICING FOR PROFIT

On the morning of January 28, 2016, dozens of heavily armed Drug Enforcement Administration (DEA) agents and San Diego police officers stormed Med West Distribution in Kearny Mesa, seizing $324,000 in cash and inventory. Med West was a licensee for cannabis infused products, produced vape pen cartridges and distributed about 30 different kinds of cannabis medicine, according to owner James Slatic.

The business paid taxes and had city officials tour the facility prior to opening to ensure that it was in compliance with state and municipal laws. Two employees were arrested during the raid, but both were released without charges. Within days after the raid, authorities froze and then seized Slatic’s personal bank accounts, those of his wife, and their two daughters, although they had no connection to Med West. In the 10 months since the raid, Slatic has not been charged with any crime. This unscrupulous, but legal tactic is what he calls the “dirty little secret of the American justice system.” Civil asset forfeiture is used by law enforcement nation-wide to seize cash and property suspected to be derived from criminal activity. Assets may be taken from citizens who have not been convicted of, or even charged with a crime. The fleecing of the Slatic family’s finances has left them in a vulnerable situation, relying on credit cards and loans from family and friends.

“What the government did to the Slatics’ is simply unconstitutional. The San Diego DA moved to seize money under California’s civil forfeiture statutes. And while civil forfeiture can be complicated, the Slatics’ legal argument is simple. James committed no crime; therefore, the government cannot connect the Slatics’ money to a crime.”

Because of this, the Institute for Justice, a non-profit law firm, stepped in to represent Slatic pro bono. Attorney Allison Daniel told CULTURE, “What the government did to the Slatics’ is simply unconstitutional. The San Diego DA moved to seize money under California’s civil forfeiture statutes. And while civil forfeiture can be complicated, the Slatics’ legal argument is simple. James committed no crime; therefore, the government cannot connect the Slatics’ money to a crime. All of the family’s money must be returned under the California Constitution and the U.S. Constitution. This case illustrates the abusive power of civil forfeiture at its worst.” On November 1st, The Institute for Justice filed a motion for the return of the Slatics’ property, challenging the government’s “vague and unsupported allegations of criminal activity” and demanding that their money be promptly returned. Despite last minute efforts by the District Attorney to prolong the process, the hearing began on Monday, November 14th and continued into the next day, with testimony from James Slatic, his family, and Detective Mark Carlson, who according to court filings submitted during the hearing, failed to establish in his affidavit that there was probable cause to believe that Slatic had broken any laws. Lawyers also allege that Carlson never told the judge that Med West was a legally operating medical cannabis operation permitted by state law. The hearing ended on November 15, with Judge Jay Bloom announcing that there would be no ruling that day, and that he would forward his decision to both parties at a later date. Those close to the case speculate that could take up to a week, or longer.

“With civil-forfeiture reform, medical marijuana legalization, and now recreational marijuana legalization, the San Diego District Attorney knows that time is up on this type of policing for profit. This is simply a last-ditch effort to try grab as much cash as possible.”

Attorney Allison Daniel of the Institute for Justice, is optimistic about the future, not only for James Slatic, but others who are facing similar situations. “We expect to get the Slatics’ money back—all of it. With civil-forfeiture reform, medical marijuana legalization, and now recreational marijuana legalization, the San Diego District Attorney knows that time is up on this type of policing for profit. This is simply a last-ditch effort to try grab as much cash as possible.”

Until then, Slatic and his family are in financial and legal limbo, and the 35 people employed by Med West Distribution have lost their jobs, health benefits and retirement accounts. For now, Slatic is not fighting to have the Med West property and cash returned, focusing instead on the well-being of his family. When asked what message he has for District Attorney Bonnie Dumanis, he said, “Please use your resources to go after real criminals. Stop prosecuting legal cannabis businesses and destroying families.”