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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.
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
(2)
(3)
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 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, synthetic drugs, 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 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:April 11, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 13, effective April 11, 2012. -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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