I am the fiduciary over the veteran's benefits. He got caught with marijuana for his own personal consumption. His monthly VA benefit as well as his savings has been seized. Is that even legal? Can his VA compensation and back pay savings be confiscated?

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I don't believe you are telling the entire story here. First, I am assuming that you are in a state where recreational use of marijuana is illegal (or if its medically legal, your veteran had no prescription) am I correct?

Seizure of property for a drug crime goes by VERY specific rules/laws. To seize property, there must be a seizure order...which means a very serious crime has been discovered such as ....this person may have been growing a large amount of marijuana to sell and or transport. They certainly can, in this case, seize all money and property if such a crime in occurring. It really doesn't matter that the money came from his VA check...because obviously money is coming in from drug activity the two cannot be separated. This would not happen with a little bit of pot for personal use...if there was only a little bit for personal use, they would seize the pot and charge him with a crime (usually a misdemeanor). And in a recent case I saw near me, the person claimed "personal use" yet had 5 lbs of packaged marijuana and 60+ plants. Sorry, that's not personal use.

No matter what I feel about the current marijuana laws...these are the laws.

Can you tell the entire story please? What was the amount? What does the seizure notice say? When is the court date?
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Angel is right. And I agree that there's more to this situation that hasn't been shared with us.

I'm wondering also if the pot was seized by local police or by DEA agents. If the latter, there definitely is more to the story than what's been written.
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Are you kidding? Everyone present can be arrested and charged, the entire assets, including cars and home can be seized by Federal agents, no matter what drug was present.

In the case of a heroin overdose, and anyone living in the home, or just at a party can be arrested and spend jail time.

Why be involved in drugs at all? imo.
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That must have been an awfully big personal stash!
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