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NINTH CIRCUIT UPHOLDS FORFEITURE

Posted on December 23rd, 2009 zshapiro No comments

The Ninth Circuit Court of Appeals upheld the forfeiture of the proceeds of the sale of a warehouse worth $345,000 used to grow marijuana in Oakland.

Thomas Grossi owned an Oakland warehouse raided by the California Highway Patrol and the DEA in June of 2004. They seized 2400 plants. He was indicted and convicted of maintaining a property where marijuana was grown and sentenced to two and a half years in prison and forfeiture of the warehouse.

On appeal he argued that forfeiture of the warehouse violated the Eighth Amendment’s prohibition of cruel and unusual punishment. However the Ninth Circuit ruled that since the maximum permissible punishment is over $345,000 the punishment is not cruel and unusual.
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Eighth Amendment, Marijuana Cultivation, Forfeiture, Marijuana, Ninth Circuit Court of Appeals Leave a Reply

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