A federal judge this week declined to issue a temporary restraining order (TRO) against a California sheriff who used civil forfeiture to rob armored cars carrying money earned by state-licensed marijuana businesses. In his ruling, U.S. District Judge John Holcomb said Empyreal Logistics, a Pennsylvania-based company that transports cash between businesses and banks, "may very well have an excellent case on the merits" but had failed to meet "the high burden" for a TRO.
San Bernardino County sheriff's deputies stopped Empyreal vans three times in November, December, and January. They seized cash during two of the stops, making off with a total of more than $1 million, which was transferred to the FBI so the Justice Department could pursue forfeiture under federal law. If the government prevails in those forfeiture proceedings, the sheriff's department will get to keep up to 80 percent of the money under the Justice Department's "equitable sharing" program. The earnings of state-licensed marijuana suppliers are not subject to forfeiture under California law.
