State v. Ihrabi

Citations

• 2017 Ohio 8373

Syllabus

The State brought a civil forfeiture action against Defendant seeking forfeiture of $34,255 seized from Defendant during an investigation of the sale of illegal synthetic marijuana and bath salts. Trial court did not err in concluding, by a preponderance of the evidence, that Defendant had engaged in the sale of illegal synthetic marijuana. The trial court reasonably concluded that \a significant portion\ of the business revenue was generated from the illegal sale of synthetic marijuana, but erred in ordering all of the money seized as either proceeds of that illegal activity and/or an instrumentality. The record supported a conclusion that all of the $30,000 located in Defendant's apartment was an instrumentality and that seizure of that amount was not disproportionate to the offense of trafficking synthetic marijuana. However, the record did not support the conclusion that all of the money located in Defendant's store, in his vehicle, and on his person (totaling $4,255) constituted proceeds and/or an instrumentality. Judgment affirmed in part and reversed in part, and the matter is remanded for the trial court to determine whether all, some, or none of the $4,255 constituted proceeds and/or an instrumentality.