CHARLESTON, W.Va. — County prosecutors in West Virginia will have a better chance to get drug forfeiture money under the provisions of a new state law.
The legislature approved and Gov. Earl Ray Tomblin signed into law the West Virginia Contraband Forfeiture Act earlier this year. It takes effect July 9.
Kanawha County prosecutor Mark Plants said the law streamlines the process of obtaining money seized in drug-related arrests.
“Money used in the drug trade can now be more easily and readily turned over to state property,” Plants said Tuesday. “State agencies, law enforcement and the prosecutor’s office can now use what was once drug money for how they see fit.”
The old law required county prosecutors to file civil lawsuits against drug defendants within 90 days after their arrests if they wanted the forfeited money. The new law only requires a certified letter to the defendant within 30 days. Drug offenders rarely fight for the money seized during a drug arrest.
In recent years, many police agencies have opted to allow the federal government to go after the drug money because its process is streamlined, Plants said. The arresting agency gets 80 percent of the money and the federal government 10 percent.
The new state law is a 90/10 split, with the 10 percent going to the county prosecutor’s office.
Plants said his office could use the money, which could be up to $200,000 a year.
“We use it for continuing legal education conferences, keeping my attorneys’ bar licenses up to date.”
Plants said he’s not worried about a possible increase in drug cases, because many times federal prosecutors review the cases but they end up being handled by county prosecutors.
The bill was sponsored by Del. Doug Skaff (D-Kanawha) and co-sponsored by Del. Justin Marcum (D-Mingo). Marcum said he believes the new law will help curb the drug problem in the state.