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Forfeiture laws

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O

OlRoy

Guest
What is the name of your state? NC

"Any person convicted of a violation of this subchapter or subchapter II of this chapter punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law"

http://www4.law.cornell.edu/uscode/21/853.html


What about other subchapters? Also if its irrespective to any provision of state law then why would a state pass a law that goes against federal law? Is it like how some states allow medical marijuana users to grow their own marijuana, but the DEA can still raid and charge them with cultivation because its a federal crime?

Also look at this

The Spectre of Forfeiture, by "Ben There" (Access Unlimited, 1990).
"The government can take all your property with very little effort. They can do it without ever prosecuting you for, much less proving you guilty of any crime, without giving you the right to confront your accuser, the presumption of innocence, the right to appointed counsel, and without even the right to refuse to give evidence that will incriminate you and result in both the loss of your property and the loss of your freedom. Legislation has been introduced at the Federal level to correct some of these abuses, but its future is unclear, and probably ominous."

Have the forfeiture laws changed since 1990?
 



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