Pubdate: Sat, 17 Sep 2005
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

DROP THE LAWSUIT

A Boulder City woman was arrested in April after a search of her home 
turned up six marijuana plants, about 5 ounces of marijuana and various 
drug paraphernalia. In July she pleaded guilty in District Court to a 
misdemeanor possession charge.

She was fined $500 and ordered to complete drug and alcohol counseling. A 
routine case -- if only that were the extent of it.

Boulder City officials, however, decided to make an example out of this 
woman who they believe was selling the drug out of her home. About a week 
after the arrest of Cyntha Warren, 56, long before her guilt had been 
established in criminal court, the city filed a civil suit in District 
Court seeking to confiscate her $400,000 home. The state's forfeiture law 
allows a person's home to be seized if the person was using it as a base 
for drug sales.

Acting on information from Boulder City, the district attorney's original 
criminal charges against Warren included possession with the intent to 
sell. But she pleaded guilty only to possession.

The civil suit is another matter, however.

In it, the city contends Warren's home was a base for sales.

We're against the use or sale of any illegal drug, but we do believe the 
city is seeking an extreme penalty. Because of the drug-overdose deaths of 
two teenagers in 2003 and 2004, the city is trying to send a message of 
zero tolerance by making an example of Warren. But this would be an 
injustice, as no one is accusing Warren of involvement in the deaths.

The city should drop its lawsuit.

The punishment should fit the crime.
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MAP posted-by: Elizabeth Wehrman