Smith says there is no question he was targeted because he owns a lot of property. Now serving time in Thurston County jail as part of his plea agreement, Smith offers some hard evidence to support his theory:

"A guy just checked into the work release program with me who was busted growing 100 plants and admitted to dealing." The man, Floyd Rowland, was using a rental property for his operation. Rowland got 10 months' work release and a $1,000 fine. Smith, who was caught growing six plants on property he owned, got three months' work release and a $1,000 fine, but Smith also coughed up $13,000 of his home equity because of the civil forfeiture act.

"I've been smoking pot since I was 18 years old," Smith says. He started growing his own pot many years ago, with the rise in drug prices, drug violence and drug penalties. "I didn't want to go find a dealer. I just wanted to smoke pot. I'm sorry, but it's what I choose to do."

And sorry he is. Last spring, Thurston County police got a tip from two young men charged with theft who said Smith grew marijuana in his barn. Smith says he knows who these informants are and that they broke into his barn twice, stealing first tools and then, when they discovered it, pot. They gave police Smith's address in the hopes of getting shorter sentences.

The Narcotics Task Force searched Smith's place in March, finding six mature plants, a halide growing system and some cash. They moved to seize his property immediately, on the grounds that Smith was a dealer. Smith says he did not sell pot, but that he grew enough with each crop to last him a year or so. But like so many forfeiture cases, Smith's will never be openly contested because it was settled out of court.

"It boils down to this," explains Smith's attorney, Saxon Rogers. "It's gonna cost as much money as we paid them to contest it and win. If I could guarantee to Lowell that we could win, I'm sure he'd rather pay me the money. But I can't guarantee that."

Rogers explains that the risk for people like Smith is so great that it inhibits challenge. "The judge doesn't have any real discretion on dividing things up - it's an all or none deal. If the judge decides that there is sufficient evidence of commercial activity, you lose everything." In Smith's case, everything was a lot; he and his wife owed almost nothing on their $150,000 house.