218A.410 Property subject to forfeiture.
(1)
The following are subject to forfeiture:
(a) Controlled substances listed in Schedule I that are possessed, transferred, sold,
or offered for sale in violation of this chapter are contraband and shall be
seized and summarily forfeited to the state;
(b) Controlled substances listed in Schedule I, which are seized or come into the
possession of the state, the owners of which are unknown, are contraband and
shall be summarily forfeited to the state;
(c) Species of plants from which controlled substances in Schedules I and II may
be derived which have been planted or cultivated in violation of this chapter,
or of which the owners or cultivators are unknown, or which are wild growths,
may be seized and summarily destroyed or forfeited to the state. The failure,
upon demand by the law enforcement agency or its authorized agent, of the
person in occupancy or in control of land or premises upon which the species
of plants are growing or being stored, to produce an appropriate registration,
or proof that he or she is the holder thereof, constitutes authority for the
seizure and forfeiture of the plants;
(d) All substances, machinery, or devices used for the manufacture, packaging,
repackaging, or marking, and books, papers, and records, and all vehicles
owned and used by the seller or distributor for the manufacture, distribution,
sale, or transfer of substances in violation of KRS 218A.350 shall be seized
and forfeited to the state. Substances manufactured, held, or distributed in
violation of KRS 218A.350 shall be deemed contraband;
(e) All controlled substances which have been manufactured, distributed,
dispensed, possessed, being held, or acquired in violation of this chapter;
(f) All raw materials, products, and equipment of any kind which are used, or
intended for use, in manufacturing, compounding, processing, delivering,
importing, or exporting any controlled substance in violation of this chapter;
(g) All property which is used, or intended for use, as a container for property
described in paragraph (e) or (f) of this subsection;
(h) All conveyances, including aircraft, vehicles, or vessels, which are used, or
intended for use, to transport, or in any manner to facilitate the transportation,
for the purpose of sale or receipt of property described in paragraph (e) or (f)
of this subsection, but:
1.
No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture under
this section unless it is proven beyond a reasonable doubt that the owner
or other person in charge of the conveyance is a consenting party or
privy to a violation of this chapter;
2.
No conveyance is subject to forfeiture under this section by reason of
any act or omission established by the owner thereof to have been
committed or omitted without his or her knowledge or consent;
3.
(2)
A forfeiture of a conveyance encumbered by a bona fide security interest
is subject to the interest of the secured party if he or she neither had
knowledge of nor consented to the act or omission; and
4.
The forfeiture provisions of this paragraph shall not apply to any
misdemeanor offense relating to marijuana, naphthylpyrovalerone, 3,4methylenedioxypyrovalerone, 3,4-methylenedioxymethylcathinone, 4methylmethcathinone, synthetic cannabinoid agonists, piperazines, or
salvia;
(i) All books, records, and research products and materials, including formulas,
microfilm, tapes, and data which are used, or intended for use, in violation of
this chapter;
(j) Everything of value furnished, or intended to be furnished, in exchange for a
controlled substance in violation of this chapter, all proceeds, including real
and personal property, traceable to the exchange, and all moneys, negotiable
instruments, and securities used, or intended to be used, to facilitate any
violation of this chapter; except that no property shall be forfeited under this
paragraph, to the extent of the interest of an owner, by reason of any act or
omission established by him or her to have been committed or omitted
without his or her knowledge or consent. It shall be a rebuttable presumption
that all moneys, coin, and currency found in close proximity to controlled
substances, to drug manufacturing or distributing paraphernalia, or to records
of the importation, manufacture, or distribution of controlled substances, are
presumed to be forfeitable under this paragraph. The burden of proof shall be
upon claimants of personal property to rebut this presumption by clear and
convincing evidence. The burden of proof shall be upon the law enforcement
agency to prove by clear and convincing evidence that real property is
forfeitable under this paragraph; and
(k) All real property, including any right, title, and interest in the whole of any lot
or tract of land and any appurtenances or improvements, which is used or
intended to be used, in any manner or part, to commit, or to facilitate the
commission of, a violation of this chapter excluding any misdemeanor offense
relating
to
marijuana,
naphthylpyrovalerone,
3,4methylenedioxypyrovalerone,
3,4-methylenedioxymethylcathinone,
4methylmethcathinone, synthetic cannabinoid agonists, piperazines, or salvia,
except that property shall be forfeited under this paragraph, to the extent of an
interest of an owner, by reason of any act or omission established by the
Commonwealth to have been committed or omitted with the knowledge or
consent of the owner.
Title to all property, including all interests in the property, forfeit under this section
vests in the Commonwealth on the commission of the act or omission giving rise to
forfeiture under this section together with the proceeds of the property after the
time. Any property or proceeds subsequently transferred to any person shall be
subject to forfeiture and thereafter shall be ordered forfeited, unless the transferee
establishes in the forfeiture proceeding that he or she is a subsequent bona fide
(3)
purchaser for value without actual or constructive notice of the act or omission
giving rise to the forfeiture.
If any of the property described in this section cannot be located; has been
transferred to, sold to, or deposited with a third party; has been placed beyond the
jurisdiction of the court; has been substantially diminished in value by any act or
omission of the defendant; or, has been commingled with any property which
cannot be divided without difficulty, the court shall order the forfeiture of any other
property of the defendant up to the value of any property subject to forfeiture under
this section.
Effective: March 16, 2011
History: Amended 2011 Ky. Acts ch. 45, sec. 12, effective March 16, 2011. -Amended 2010 Ky. Acts ch. 149, sec. 13, effective April 13, 2010; and ch. 160,
sec. 13, effective April 26, 2010. -- Amended 1990 Ky. Acts ch. 445, sec. 1, effective
July 13, 1990. - Created 1984 Ky. Acts ch. 101, sec. 1, effective July 13, 1984.
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