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Cash Not Forfeitable Despite Smell of Marijuana, Blunt in Car

Aug. 10, 2022, 5:41 PM

The government isn’t entitled to almost $70,000 it found in the car of a driver who was stoned when he crashed into a concrete pole at a gas station, the Fourth Circuit said Wednesday.

The officer who arrived on the scene found Dereck McClellan passed out in the car. The car reeked of marijuana, an empty Hennessy bottle was next to McClellan, a blunt was in the ashtray, and a duffle bag with $69,940 in cash was in the trunk. McClellan was charged with public drunkenness and driving with an open container.

McClellan had two medical marijuana cards in his ...