IN Sued Over Cash Seizures at FedEx Hub, OH Has Legal Weed--and High Prices, More... (8/13/24)

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Delaware's legal marijuana market is rolling out a bit ahead of schedule, a Filipino lawmaker's bid to drug test political candidates and officeholders gets criticism, and more. 

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Marijuana Policy

Delaware Ahead of Schedule on Push for Legal Marijuana Market. The Office of the Marijuana Commissioner has announced that the state will begin accepting applications for recreational marijuana businesses next Monday, two weeks ahead of schedule. The application period will remain open until September 30.

After that, eligible applicants will enter a lottery for licenses set for late October. Licenses will then be issued in November. 

There are 125 licenses available, including 60 for cultivation facilities, 30 for product manufacturing facilities, 30 for retail outlets, and five for testing facilities. The licenses include openings for social equity and "microbusiness" applicants.

For resources and assistance with the application process, interested parties can visit the office’s website, which provides detailed guidance including "a document matrix and application templates."

Ohio Legal Marijuana Market Features High Prices—At Least for Now. Ohioans can now legally purchase marijuana, but they are paying a high price for it. Tokers have noticed that prices are significantly lower across the state line in Michigan, where the legal market is well-established. 

"The flower is about five times more expensive in Ohio right now, and edibles are almost double what's available in Michigan," said Keshar Ghimire, PhD, an associate professor of economics at the University of Cincinnati Blue Ash College he said.

Expert opinion is that prices will decrease in the Buckeye State in the future. They blame a limited number of sellers and high demand.

Asset Forfeiture

Lawsuit Challenges Cash Seizures at Indianapolis Airport FedEx Hub. The libertarian-leaning Institute for Justice is suing the state of Indiana and Marion County over $42,000 seized from a pair of jewelers at the Indianapolis Airport FedEx hub. The lawsuit alleges that the seizure is part of a larger pattern of unconstitutional cash seizures from in-transit parcels, with a tally rising to $2.5 million in the past two years alone. 

The seizures come after police dogs alert on packages at the facility, ostensibly because of traces of drugs, and in the case of the two jewelers, their money was seized after a canine alert even though there was no evidence of drugs in the package. After police seized the cash, Marion County prosecutors filed a civil forfeiture action against the money.

"The Indiana government cannot take money from people just because a shipping company routes it through Indiana," said Institute for Justice Attorney Marie Miller. "Henry and Minh [the jewelers] have never been to Indiana or done business in Indiana, but now they have to defend against a forfeiture action in Indiana, without the state bothering to identify an Indiana crime that it can allege the money is linked to."

As with other civil forfeiture cases originating from the FedEx facility, the prosecutors alleged simply that the cash was proceeds of "a violation of a criminal statute."

"The government can’t even identify a crime that would allow them to keep the money that we need to run our business," said Henry. "We were shocked when we found out what was going on in Indianapolis and we want to put a stop to it."

"This scheme is one of the most predatory we have seen, and it’s past time to put a stop to it," said IJ Senior Attorney Sam Gedge. "It’s illegal and unconstitutional for Indiana to forfeit in-transit money whose only connection to Indiana is the happenstance of FedEx’s shipping practices.

International

Duterte's Son's Bill to Drug Test Philippines Lawmakers, Elected Officials Draws Criticism. Philippine Rep. Paolo Duterte, the eldest son of former Philippines president and drug war criminal Rodrigo Duterte, has filed a bill requiring elected and appointed public officials to undergo random hair follicle drug testing every six months. The measure is House Bill 10744.

"Considering the initiatives towards the deterrence of drug use and abuse, exemptions or favors in the mandatory nature of random drug testing shall not extend to certain class privilege such as the elected and appointed officials, since it becomes imperative upon their own mandate that they shall lead the life of modesty and integrity," Duterte said in his explanatory note.

The bill also calls for institutionalizing voluntary drug testing of candidates for office 90 days before an election.

It is drawing a skeptical response from some House members, who criticized it "for pushing a specific agenda." Members urged Duterte to defend the bill himself and not entrust it to another lawmaker. Rep. Margarita Ignacia Nograles said that while Duterte has the right to file his bill, he should defend it at the committee level and plenary sessions.

Duterte's father, Rodrigo, who won the presidency in 2016, presided over a bloody anti-drug campaign that left tens of thousands dead. 

 

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

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