Expansion of Use of Drug Forfeiture Funds
Guest author: Attorney Peter Cohl, Cohl, Stoker, Toskey, P.C.
In 2010, law enforcement agencies in Michigan seized over $21 million in cash, vehicles, jewelry, real property, and other assets related to illegal controlled substance transactions. Those assets, or the proceeds of their sale, were forfeited to the seizing agencies to be used exclusively to enhance controlled substance law enforcement efforts, as required by law.
This statutory restriction on the use of drug forfeiture funds gave a strong financial incentive to law enforcement agencies to engage in stringent drug enforcement efforts. However, some agencies amassed large amounts of forfeiture funds. Their proposed uses of the funds for more general law enforcement purposes often conflicted with the statutory restriction on use.
In recognition of the need for County Sheriffs and local Police Departments to make greater use of drug forfeiture funds, the Michigan Legislature recently amended the Public Health Code to specifically allow a seizing agency to use drug forfeiture funds only for law enforcement purposes. (See HB 4349 (2011 PA 161), effective October 4, 2011)
This statutory amendment does not change the laws regarding property subject to forfeiture, or the forfeiture process. Rather, it impacts only how local governments can use forfeited property and the proceeds of its sale. Instead of being limited to using forfeiture funds only to enhance controlled substance law enforcement efforts, the seizing agency may use the funds only for law enforcement purposes, as appropriated by the entity having budgetary authority over the seizing agency. (See MCL 333.7524(1)(b)(ii), as amended by 2011 PA 161)
Thus, a County Board of Commissioners may appropriate drug forfeiture funds for any law enforcement purpose, including personnel, programs and equipment that are unrelated to controlled substance enforcement efforts. However, drug forfeiture funds may only serve as a supplement to, and not a replacement for, funds otherwise budgeted for law enforcement purposes.
If you have any questions or concerns, please feel free to contact us:
Peter A. Cohl
Timothy M. Perrone
Cohl, Stoker & Toskey, P.C.
601 North Capitol Avenue
Lansing, Michigan 48933
(517) 372-9000
