Any attorney representing cannabis clients ought to be well-versed in asset forfeiture, whether in civil or in criminal practice. In addition to putting a cannabis client on notice of potential criminal prosecution, cannabis fee agreements should also highlight potential civil penalties such as asset forfeiture. Asset forfeiture proceedings are commonly instituted contemporaneously with criminal cases, as well as against Landlords who are often in the dark about illegal activity on their property. Forfeiture is becoming less and less favored by the courts, so be sure to study your jurisdiction’s timing guidelines so as to not miss an opportunity to litigate the issue.
DISCLAIMER: THIS INFORMATION IS STRICTLY EDUCATIONAL AND DOES NOT CONSTITUTE LEGAL ADVICE.