§ 12–101
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 12-101 (2026)
Title 12. Forfeiture -- Controlled Dangerous Substances Violations
Subtitle 1. Definitions; Property Subject to Forfeiture
§ 12–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated.
(b)
“Chief executive officer” means:
(1)
for Baltimore City, the Mayor;
(2)
for a charter county, the county executive or, if there is no county executive, the county council;
(3)
for a code county, the county commissioners or county council;
(4)
for a county commissioner county, the county commissioners; or
(5)
for a municipal corporation, the legislative body established by municipal charter.
(c)
“Controlled Dangerous Substances law” means Title 5 of the Criminal Law Article.
(d)
“Convicted” means found guilty.
(e)
“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.
(f)
“Forfeiting authority” means:
(1)
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
(2)
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.
(g)
“Governing body” includes:
(1)
the State, if the seizing authority is a unit of the State;
(2)
a county, if the seizing authority is a unit of a county;
(3)
a municipal corporation, if the seizing authority is a unit of a municipality; and
(4)
Baltimore City, if the seizing authority is the Police Department of Baltimore City.
(h)
“Lien” includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.
(i)
“Lienholder” means a person who has a lien or a secured interest on property created before the seizure.
(j)
“Local financial authority” means:
(1)
if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or
(2)
if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation.
(k)
(1)
“Owner” means a person having a legal, equitable, or possessory interest in property.
(2)
“Owner” includes:
(i)
a co-owner;
(ii)
a life tenant;
(iii)
a remainderman to a life tenancy in real property;
(iv)
a holder of an inchoate interest in real property; and
(v)
a bona fide purchaser for value.
(l)
“Proceeds” includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.
(m)
(1)
“Property” includes:
(i)
real property and anything growing on or attached to real property;
(ii)
tangible and intangible personal property, including:
(1)
securities;
(2)
negotiable and nonnegotiable instruments;
(3)
vehicles and conveyances of any type;
(4)
privileges;
(5)
interests;
(6)
claims; and
(7)
rights;
(iii)
an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and
(iv)
money.
(2)
“Property” does not include:
(i)
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
(ii)
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.
(n)
(1)
“Real property” means land or an improvement to land.
(2)
“Real property” includes:
(i)
a leasehold or other limited interest in real property;
(ii)
an easement; and
(iii)
a reversionary interest in a 99-year ground lease renewable forever.
(o)
“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.