Maryland Criminal Procedure Section 12-102

Article - Criminal Procedure

§ 12-102.

      (a)      The following are subject to forfeiture:

            (1)      controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of the Controlled Dangerous Substances law;

            (2)      raw materials, products, and equipment used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled dangerous substance in violation of the Controlled Dangerous Substances law;

            (3)      property used or intended for use as a container for property described in item (1) or (2) of this subsection;

            (4)      except as provided in § 12-103 of this subtitle, conveyances, including aircraft, vehicles, or vessels used or intended to be used to transport, or facilitate the transportation, sale, receipt, possession, or concealment of property described in item (1) or (2) of this subsection;

            (5)      books, records, and research, including formulas, microfilm, tapes, and data used or intended for use in violation of the Controlled Dangerous Substances law;

            (6)      subject to subsection (b) of this section, money or weapons used or intended to be used in connection with the unlawful manufacture, distribution, dispensing, or possession of a controlled dangerous substance or controlled paraphernalia;

            (7)      drug paraphernalia under § 5-619 of the Criminal Law Article;

            (8)      controlled paraphernalia under § 5-620 of the Criminal Law Article;

            (9)      except as provided in § 12-103 of this subtitle, the remaining balance of the proceeds of a sale by a holder of an installment sale agreement under § 12-626 of the Commercial Law Article of goods seized under this subtitle;

            (10)      except as provided in § 12-103 of this subtitle, real property; and

            (11)      everything of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance in violation of the Controlled Dangerous Substances law, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate any violation of the Controlled Dangerous Substances law.

      (b)      (1)      (i)      Money or weapons that are found in close proximity to a contraband controlled dangerous substance, controlled paraphernalia, or forfeitable records of the importation, manufacture, or distribution of controlled dangerous substances are contraband and presumed to be forfeitable.

                  (ii)      A claimant of money or weapons has the burden to rebut the presumption.

            (2)      All rights in, title to, and interest in the money or weapons immediately shall vest in:

                  (i)      the State, if the seizing authority was a State unit;

                  (ii)      the county in which the money or weapons were seized, if the seizing authority was a county law enforcement unit, including a sheriff's office; or

                  (iii)      the municipal corporation in which the money or weapons were seized, if the seizing authority was a law enforcement unit of a municipal corporation.

            (3)      The money or weapons may be returned to the claimant only as this title provides.