In this title the following words have the meanings indicated. “Chief executive officer” means: for Baltimore City, the Mayor; for a charter county, the county executive or, if there is no county executive, the county council; for a code county, the county commissioners or county council; for a county commissioner county, the county commissioners; or for a municipal corporation, the legislative body established by municipal charter. “Controlled Dangerous Substances law” means Title 5 of the Criminal Law Article. “Convicted” means found guilty. “Final disposition” means a dismissal, entry of a nolle prosequi, the marking of a criminal charge “stet” on the docket, entry of a not guilty verdict, the pronouncement of sentence, or imposition of probation under § 6-220 of this article. “Forfeiting authority” means: the unit or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body having jurisdiction over assets subject to forfeiture to act on behalf of the governing body regarding those assets; or if the seizing authority is a unit of the State, a unit or person that the Attorney General or the Attorney General’s designee designates by agreement with a State’s Attorney, county attorney, or municipal attorney to act on behalf of the State regarding assets subject to forfeiture by the State. “Governing body” includes: the State, if the seizing authority is a unit of the State; a county, if the seizing authority is a unit of a county; a municipal corporation, if the seizing authority is a unit of a municipality; and Baltimore City, if the seizing authority is the Police Department of Baltimore City. “Lien” includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff. “Lienholder” means a person who has a lien or a secured interest on property created before the seizure. “Local financial authority” means: if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation. “Owner” means a person having a legal, equitable, or possessory interest in property. “Owner” includes: a co-owner; a life tenant; a remainderman to a life tenancy in real property; a holder of an inchoate interest in real property; and a bona fide purchaser for value. “Proceeds” includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law. “Property” includes: real property and anything growing on or attached to real property; tangible and intangible personal property, including: securities; negotiable and nonnegotiable instruments; vehicles and conveyances of any type; privileges; interests; claims; and rights; an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and money. “Property” does not include: an item unlawfully in the possession of a person other than the owner when used in connection with a crime under the Controlled Dangerous Substances law; or a lessor’s interest in property subject to a bona fide lease, unless the forfeiting authority can show that the lessor participated in a crime under the Controlled Dangerous Substances law or that the property was the proceeds of a crime under the Controlled Dangerous Substances law. “Real property” means land or an improvement to land. “Real property” includes: a leasehold or other limited interest in real property; an easement; and a reversionary interest in a 99-year ground lease renewable forever. “Seizing authority” means a law enforcement unit in the State that is authorized to investigate violations of the Controlled Dangerous Substances law and that has seized property under this title.

The following are subject to forfeiture: controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of the Controlled Dangerous Substances law; 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; property used or intended for use as a container for property described in item (1) or (2) of this subsection; 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; books, records, and research, including formulas, microfilm, tapes, and data used or intended for use in violation of the Controlled Dangerous Substances law; subject to subsection (b) of this section, weapons used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance or controlled paraphernalia; subject to subsection (b) of this section, any amount of money that is used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance; drug paraphernalia under § 5–619 of the Criminal Law Article; controlled paraphernalia under § 5–620 of the Criminal Law Article; 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; except as provided in § 12–103 of this subtitle, real property; and 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. All rights in, title to, and interest in the money or weapons immediately shall vest in: the State, if the seizing authority was a State unit; 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 the municipal corporation in which the money or weapons were seized, if the seizing authority was a law enforcement unit of a municipal corporation. The money or weapons may be returned to the claimant only as this title provides.

Property or an interest in property described in § 12–102(a)(4), (11), and (12) of this subtitle may not be forfeited unless the State establishes by a preponderance of the evidence that the violation of the Controlled Dangerous Substances law was committed with the owner’s actual knowledge. A conveyance used as a common carrier or vehicle for hire in the transaction of business as a common carrier or vehicle for hire may not be seized or forfeited under this title unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of the Controlled Dangerous Substances law. A conveyance may not be forfeited under this title for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the conveyance in criminal violation of federal law or the law of any state. An owner’s interest in real property may not be forfeited for a violation of § 5-601, § 5-619, or § 5-620 of the Criminal Law Article. Except as provided in paragraph (2) of this subsection, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article. Without a conviction, a court may order a forfeiture of real property used as the principal family residence if the owner of the family residence: fails to appear for a required court appearance; and fails to surrender to the jurisdiction of the court within 180 days after the required court appearance. Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless: the property was used in connection with a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or with an attempt or conspiracy to violate Title 5 of the Criminal Law Article; and both the husband and wife are convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

At the time of seizure, the seizing authority shall provide a receipt to the person from whom the property was seized, that includes: a detailed description of the property; a case number, property inventory number, or any other reference number used by the seizing authority to connect the property to the circumstances of the seizure; the name and contact information of an individual or office within the seizing authority that can provide information concerning the seized property; notice that the owner of the property may make a written request for return of the seized property; and notice that within 60 days after receipt of a written request for return of the seized property, the seizing authority will decide whether to return the property and notify the owner of the decision. If the person who received a receipt under subsection (a) of this section is not the owner of the property, within 15 days after the seizure of property by a seizing authority, the seizing authority shall send by first–class mail written information to the owner of the seized property, if known, providing: the location and description of the seized property; and the name and contact information of an individual or office within the seizing authority that can provide further information concerning the seized property, including information on how the property may be returned to the owner. The written information distributed by a seizing authority as required under this section shall state: “Seizure and forfeiture of property is a legal matter. Nothing in this document may be construed as legal advice. You may wish to consult an attorney concerning this matter.”.