Clackamas County v. 102 Marijuana Plants

In this forfeiture case, the trial court interpreted Oregon Laws 1989, chapter 791, to require that certain factual conditions be established before that statute permits forfeiture of real and personal property that is not contraband per se. The issues presented are whether those statutes, properly interpreted, require either (1) proof of financial benefit from the prohibited activity or (2) proof that properties to be forfeited were derived from proceeds of the illegal activity. The trial court denied forfeiture, because the plaintiffs proof did not satisfy those conditions that the trial…