Feds Can Seize Half Of House In Pot Case

Court Rules Wife's Interest In House Cannot Be Seized Because Of Husband's Conviction

(CBS/AP)  A Connecticut woman who has maintained that she was not aware of her husband's hobby of raising marijuana in the basement will get to keep her half of their house, a federal appeals court has ruled.

The 2nd Circuit U.S. Court of Appeals, in a decision issued Wednesday, ruled that Harold von Hofe has to forfeit his interest in the home to the federal government. However, his wife does not have to because she was not actively involved in her husband's marijuana cultivation.

"The record is devoid of any evidence indicating her use of drugs or her involvement in any criminal activity whatsoever," the appeals court wrote.

The appeals court indicated that Kathleen von Hofe did know about the presence of the plants and did nothing to stop her husband's "horticultural hobby," but that her culpability falls at the low end of the scale.

Von Hofe and his wife were charged in 2001 after police raided their home and found 65 marijuana plants, glass smoking pipes and other items associated with growing marijuana in the basement.

Harold von Hofe, formerly a high school teacher, admitted to raising marijuana for himself and to bartering the drug for home repairs, though he did not sell it. He pleaded guilty to manufacture or distribution of a controlled substance. Kathleen von Hofe, a nurse, pleaded guilty to possession of a controlled substance, though she told a jury that she only pleaded guilty to the misdemeanor to save her two sons, claiming local authorities had threatened to press charges against her sons if she did not enter a plea. Both avoided prison time and received suspended sentences and probation.

The federal government then moved to seize their property, a ranch home they have lived in since 1979 that is valued at $248,000.

After a federal judge cleared the way for the house to be forfeited, the von Hofes appealed the decision, saying the forfeiture violated the Excessive Fines Clause of the Eighth Amendment to the Constitution.

The Comprehensive Drug Abuse Prevention and Control Act of 1970 permits forfeiture of property used to commit or facilitate the commission of a violation of the Controlled Substances Act.

While affirming the forfeiture of Mr. von Hofe’s interest in the house, the Appeals Court vacated the forfeiture of Ms. von Hofe's interest. "Not only would forfeiture extinguish her substantial equity," the court wrote, "it would amount to an eviction, destroying her “right to maintain control over [her] home, and to be free from governmental interference, ... a private interest of historic and continuing importance.”

The von Hofes' attorney, Jonathan J. Einhorn, said a possible result is that Kathleen von Hofe will have to secure a mortgage for the government's half-interest in her home.

"We won the appeal for Kathleen, so she ends up owning half-interest with the government," Einhorn said.

[gunownerdan]

COPS SAY LEGALIZE MARIJUANA
www.leap.cc
Law Enforcement Against Prohibition

[pepperp1]

Duh.

[theusa1st]

if the law allowed them to take the house because of his actions she should not be allowed half the house....stupid ruling. She knew what was going on and did nothing to stop it.

[jetauma]

Welcome to Opposite World..where insanity rules and sanity is dismissed as odd or irrelevant...and pot is not every person's right to decide for himself.
Congress?...can you send us more laws please? We need to be sure of staying inside all conceivable lines...lines drawn by those full of fear, prejudice, greed run amok, etc.
God, please forbid people from getting high and peaceful...make them mean and vengeful. Amen

[joeybobb]

GOD put marijuana on this earth. how can man tell him this is wrong. if man's law is the final judgment then jesus died for nothing!!

[antoniof123]

The wing nuts are so out of hand these conservitives need to be stopped. Stop the madness Ann, Rush, and the rest of the gang.

[djberson]

This is totally WRONG. This is also very scary. SHAME ON YOU federal government!

[cantshutup]

I wish AMericans would figure out a way to stick it to all these corporations that are running our country...these money greedy bass teerds are destroying our country so they can fill their pockets...IT SHOULD BE ILLEGAL FOR CORPORATIONS TO LOBBY OUR YES, OUR, the PEOPLE's GOVERNMENT!!!! I would like to see an old fashioned angry mob with pitchforks and torches running these bass teerds out of town!!!!!

[gunownerdan]

FIGHT TERRORISM AND DANGEROUS DRUG GANGS- GROW YOUR OWN(but just don't tell anyone you wouldn't trust with your life!).
www.mpp.org
www.leap.cc

[honestabe8]

GunOwnerDan: I agree totally. This is just another moneh grab from the law enforcement phucks. Oppose, oppose, oppose.

[honestabe8]

Cantshutup: Well said. Where is the limited government that republiphucks speak of?

[rematenaj]

Aren't there more important things for law enforcement to focus their energies on? For cryin out loud, all pot smokers do is giggle, eat, and sleep - while alcohol is legal, and people get drunk, then get angry and belligerent, get in cars and kill people! *** those pot smokers; terrible people!

[jt92202]

As for legalizing Marijuana I think they should as it is a big CASH crop.

As for the rulling, they knew it was illegal and everyone knows the Gov will take your property if they catch you growing or distributing drugs. He was a teacher fully aware of the laws and she is a nurse full well knowing about what is a legal drug and what isn't. They both broke the law and should be punished, I don't care if she didn't smoke, distribute or grow it herself she knew it was there and she as much guilty as he was!!

I don't believe in the law myself but it is the law so you have to abide by it. I think it's silly that you can get a speeding ticket if you go 1 mile over the speed limit but if you break the law and you get caught you have to pay for it!!

[honestabe8]

Someone has to protect Anheuser-Busch from competition from home grown pot. So, we have evil piles of dung like John P. Walters, head creep from the ONDCP.

[gunnerv1]

Then tell your Senators and Reps. to start doing something about the laws, that's how they get changed (or you'll change them)!

[my2centss]

It doesn't do any good to change the laws, like so many states have. People in those states still go to jail also.

[honestabe8]

It's always good (to a greater or lesser extent) to change bad laws. One state at a time.

[gunownerdan]

Marijuana has been illegal for over 70 years and today it is America's #1 cash crop.
This means BILLIONS of dollars going right into the hands of drug dealers and drug gangs who have a monopoly on all black-market profits because of marijuana prohibition. The same thing happened when alcohol was illegal.
STOP THE MADNESS!
www.mpp.org
www.leap.cc

[bm6005]

Is there any question of why we're so F*k'd up as a country? Common sense goes out the window when Lawyers are involved! Close all Law schools for 50 yrs and let them all die out! Same goes for the MORONIC MBA's I see in business today! Most of them couldn't find their a$$ with both hands and know absolutely nothing but paper masturbation!!!!

[honestabe8]

bm6005: one of the reasons we so *ucked up as a country is because our legislators have large amounts of special interest lobbiest regularly shoved in their collective rectums. legal drug pushers do not want to compete with illegal drug pushers. despite (in some cases) the legal ones being way less dangerous. in terms of this prohibition, what is most irksome is that lack of public debate on the matter. the prohibitionists do not want their policies brought under public scrutiny.

[kaiyo4u]

They won't legalize it as long as the timber industry (paper), oil companies (oil from the seeds), pharmaceuticals (nausea relief in cancer patients and glaucoma patients). Too much money involved with these companies to let it become legal. Why do you think we have to buy clothing and and other items from overseas distributors if we want to use a sustainable "green" product?

[honestabe8]

Err...I just read my previous post. I mean the ILLEGAL ones being less dangerous (in some cases).

[ianlou]

The largest fear in America concerning pot use comes from parents who are deathly afraid that their kids will accomplish less, smoking pot, than they are accomplishing now. This is a baby sitting law.

[zoltaric]

I bet if they gave the death penalty, these drug pushers would stop growing drugs.

Jesus hates drug dealers. I'm for a drug free Christian nation. Drug dealers should be publicly executed.

[rushman71]

In the beginning, God created the heavens and the earth; not too long after that, He created the herb, and was well pleased.

[honestabe8]

I guess turning that water into wine would make him a drug dealer, eh?

[gunownerdan]

Who would Jesus publicly execute?

[honestabe8]

The pharisees.

[rushman71]

Fellow Christians, Jews, and Muslims, I believe in God myself, but the question that I have to ask is where in the bible, the torah, or the quran does it say that God specifically states the forbidance of marijuana (cannabis). I am optimistic and just need some feedback for discussion.

[honestabe8]

rushman1: i cannot help you with your biblical, torah or quran site, but i think we need to ask why the lack of public debate on the issue. the only reasonable answer i can come up with is that prohibitionists know that the public does not support them, so they are riding the funding wave as long as they can.

[honestabe8]

I wonder if zoltaric's drug free america includes being free of alcohol, nicotine, caffeine, zoloft, etc.

[ianlou]

Jesus hates drug dealers. I'm for a drug free Christian nation. Drug dealers should be publicly executed.
Posted by zoltaric at 10:08 AM : Jun 29, 2007

Anyone who puts the words "Jesus" an "Hates" next to each other can shampoo my crotch!

[honestabe8]

I guess Fred Phelps is at the top of that list, eh?

[cepe10-2009]

Jesus and the apostles used cannabis for many reasons at the time...

[cepe10-2009]

Jesus and the apostles used cannabis for many reasons at the time...

The feds in Conn. and around the US are the some of the worst criminals in the country...

Stealing property for a petty victimless crime should be strictly punished by public stoning...

[slim1h2o]

If they legalized pot, that would wipe out 90% for the need of the pharmaceuticals co's drugs.
Oops,, we cant have that now , could we? lol

[honestabe8]

Slim: If pot were legal, would less beer be sold? After all, we appear to be protecting the market for Anheuser-Busch and the legal pushers.

[slim1h2o]

How true, how true,. Ironicly enough, I just got back from getting beer, Abe Thats to funny LOL

[honestabe8]

Alcohol has a tendency to make people aggressive, pot has a tendency to make people passive. Which is the greater public safety risk? That said, a beer is tasty now and then.

[slim1h2o]

Honestabe, I agree wholeheartedly, alcohol does make people more aggressive. I've seen more fights when beer is involved, then weed. With that people just gets happy, and giggly, and laugh at the silliest of things

[honestabe8]

slim: and they tend to eat salty snackfoods. what desperados. a drunk will barge through a stop sign, a stoner will sit there for 10 minutes waiting for it to turn green

[slim1h2o]

Abe, Then laugh, when it doesn't

[rushman71]

slim: and they tend to eat salty snackfoods. what desperados. a drunk will barge through a stop sign, a stoner will sit there for 10 minutes waiting for it to turn green
Posted by HonestAbe8

I just hate it when that happens!!! What are we talking about? I forgot!!! LOL

[ianlou]

slim: and they tend to eat salty snackfoods. what desperados. a drunk will barge through a stop sign, a stoner will sit there for 10 minutes waiting for it to turn green
Posted by HonestAbe8 at 02:12 PM : Jun 29, 2007

That's Funny!!

[rushman71]

Hey, could someone pass the pretzels!!!

[slim1h2o]

just hate it when that happens!!! What are we talking about? I forgot!!! LOL
Posted by rushman71 at 02:21 PM : Jun 29, 2007


now thats funny,,LOL

[rushman71]

Our society is so friggin scared of pot that they would do anything to abolish it. Did anyone see that child drawing animated commercial about pot and how bad it is. Talk about PROPOGANDA!!! The worst that could happen during being stoned is falling asleep on the couch. If your driving and are stoned, you end up having an anxiety attack and your attention is everywhere!!! But alcohol is legal?!?!?!?! You could even OD on alcohol. Thousands and thousands of people DIE each year due to alcohol related accidents. When was the last time you heard of any type of death related to only marijuana? None that I can recall. Wake up America!!!! "Pot leads to other drugs." That may be true to some (idiots in my opinion), but I believe that if it is not natural, it's not worth it. Legalize Marijuana!!! For a Better, Peaceful America!!!

Roll it up,
Light it up,
Smoke it up,
Inhale!!!
Exhale!!!

[honestabe8]

rushman: yep, i did see those ONDCP commercials. what nonsense. good post. for the people who trumpet the line that most junkies started out on pot, perhaps they can explain also that most junkies started out on milk. dishonest, cynical cops and legislators. all to extort money. the legislators who push this should be jailed (maximum security, with bubba as their diseased cellmate).

[ianlou]

Some say the greatest contribution Bob Dylan made to Rock Music was introducing the Beatles to marijuana. Soon after they left the "I want to hold your hand" phase of their musical offerings far behind.


Hey, I Know, lets get together later, have some pop and listen to the new Spice Girls CD!!!

[honestabe8]

ianlou: apparently, it was April 28, 1964. dylan twisted some up and ringo was lennon's taster.