FBI and California sheriff illegally seized marijuana cash belonging to licensed dispensaries, lawsuit claims

The corporate claims in its lawsuit that “Empyreal and its shoppers function in full compliance with relevant state hashish legal guidelines and all relevant federal and state cash laundering compliance necessities,” but it stays unclear what violations federal brokers have been asserting to be able to allegedly seize cash from the corporate.

Talking on behalf of the federal defendants within the go well with, an FBI spokesperson declined to touch upon the pending litigation.

Nonetheless, in a written response to the lawsuit filed in court docket, the Justice Division insisted Empyreal lacked authorized standing within the lawsuit, as the corporate merely served as a transport service for cash owned by the hashish dispensaries.

Dicus stands by his deputies, saying, “I’m assured when these claims make it to court docket, they are going to collide with the information.”

In an try and bolster its declare that the corporate autos have been initially pulled over for doubtful causes, the lawsuit alleges “not a single site visitors quotation was issued to an Empyreal driver throughout any of the site visitors stops mentioned on this criticism.”

The lawsuit additional claims, “Defendants know that Empyreal autos are transporting the money proceeds of state-legal hashish companies and wish to seize that cash and forfeit it utilizing civil forfeiture.”

Central to the lawsuit are site visitors stops the San Bernardino County Sheriff’s Division allegedly made in November and December 2021.

Within the November incident, Empyreal’s legal professionals declare, deputies coated up safety cameras on the car whereas executing the site visitors cease, and seized “roughly $700,000 in authorized foreign money from considered one of Empyreal’s autos, seized the car itself, and seized the motive force’s enterprise and private cellphones,” based on the criticism.

The corporate stated the money being transported was “completely from state-licensed hashish companies in good standing, working lawfully underneath California legislation,” the criticism states.

In the same site visitors cease in December, the corporate alleges within the criticism that deputies seized roughly $350,000 belonging to state-licensed hashish companies working legally underneath California state legislation.

As a part of the lawsuit, Empyreal sought a short lived restraining order permitting it to renew operations with out concern of continued legislation enforcement intervention. That request was denied by Choose John W. Holcomb, who famous in his response that the corporate didn’t give adequate discover to the federal government previous to submitting the order.

Though the US Justice Division prides itself on independently imposing federal felony legislation, attorneys normal have additionally traditionally obtained steerage from new presidential administrations on what specific felony justice points needs to be prioritized by federal prosecutors. Up to now, President Joe Biden has not issued public steerage to the Justice Division on how potential conflicts between federal and state marijuana legal guidelines needs to be dealt with.

CNN has reached out to the White Home for remark.