The government alleges the money was the proceeds of crime and, if released, would likely be used for illegal activity.
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The B.C. government is asking the B.C. Supreme Court to let it keep more than $12,000 seized from a Kelowna woman, as it alleges the money is tied to drug trafficking.
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The lawsuit filed by B.C.’s civil forfeiture director said police discovered the money in a warehouse in Kelowna while investigating a break and enter on Jan. 1.
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Police returned the next day with a search warrant and found $12,375.50 in cash that wasn’t bundled in the way that banks usually package money. They also found 5,270 grams of psilocybin, known as magic mushrooms, some of it packaged for selling, in addition to 154 bags of psilocybin edibles. There were also 716 cartons of unstamped tobacco products, 236 bags of cannabis edibles, 97 vials of cannabis concentrate and 55 rolled cannabis cigarettes, the lawsuit said.
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The money was seized using an administrative process allowed under B.C. forfeiture laws, but the woman, Penny Marie Walch, challenged the seizure of the money, which forces the issue into court.
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The forfeiture director alleges Walch obtained the money through unlawful activities, specifically drug possession and possession for the purpose of trafficking, and possession of and the sale of untaxed tobacco.
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“The money is proceeds and an instrument of unlawful activity,” the lawsuit says.
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It alleges if the money is released, Walch will likely use it for unlawful activity.
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The director alleges five laws were violated, two regulating the sale of illegal drugs and cannabis, and three regarding tobacco.
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A message left with Walch online was not immediately returned.
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