Civil Asset Forfeiture
Over the past three months, many of you responded to our TAKE ACTION on civil asset forfeiture reform in Illinois. We are delighted to report that HB 303 and SB Al, sponsored by Rep. Will Guzzardi (D-39th) and Sen. Don Harmon (D-39th) passed the Illinois Senate unanimously and the House with one dissenting vote, and now awaits Governor Rauner’s signature.
Most importantly, the bill requires that the burden of proof rest with the government in cases where an individual’s property is seized when law enforcement claims it has been involved with illegal activity. Until now, property owners have – contrary to U.S. standards of justice – had to prove their innocence.
The bill also requires police and prosecutors to collect data and report on seized property and the use of proceeds. It exempts small sums of cash and mere possession of small drug amounts from seizures, and it makes it easier for “innocent victims” to claim the return of their property.
This is not a perfect bill. Proceeds from seizure still go to support the budgets of police and prosecutors, a clear conflict of interest. Six states, including Indiana, Missouri, and New Mexico, keep agencies from keeping forfeiture proceeds. But the Illinois legislation is an important step forward.
Taxation and Regulation
Vermont, Connecticut, and Rhode Island are poised to join the eight states that have already legalized marijuana for recreational use. CNDP staff has developed strong clergy support in each of these three.
They are especially significant because anyone could become the first to take this step through legislative action rather than a ballot initiative.
Procedurally, Vermont is the closest. In mid-May, the house and senate approved adult possession of small amounts of marijuana. After initially vetoing the bill, Governor Scott supported a compromise, including a commission to recommend a tax and regulation system. This bill awaits legislative action when the General Assembly reconvenes in January.
Connecticut introduced a tax and regulate bill in March. While neither chamber voted, the draft budget forwarded by the Senate and House contains a $180 million revenue total from marijuana sales. The session ended without budget approval, but action, including marijuana legalization, could take place in the next few weeks.
Rhode Island has been on the cusp of tax and regulation for the past two years. Advocates are confident of majority support in both the House and Senate and note that three out of five Rhode Islanders support ending prohibition. The key task is to convince leaders in both chambers that the time has come for a vote.