# Criminal Procedure (GCP)

## Title 12. Forfeiture -- Controlled Dangerous Substances Violations

### Subtitle 2. Seizure

#### Section 12-201

(a) A Schedule I substance listed in Sec. 5-402 of the Criminal Law Article shall be seized and summarily forfeited to the State if the substance is:

  (1) possessed, transferred, sold, or offered for sale in violation of the Controlled Dangerous Substances law; or

  (2) possessed by the State and its owner is not known.

(b) A plant may be seized and summarily forfeited to the State if the plant:

  (1) is one from which a Schedule I or Schedule II substance listed in Sec. 5-402 or Sec. 5-403 of the Criminal Law Article may be derived; and

  (2)

    (i) has been planted or cultivated in violation of the Controlled Dangerous Substances law;

    (ii) has an unknown owner or cultivator; or

    (iii) is a wild growth.

(c) The Maryland Department of Health may seize and subject a plant to forfeiture if the person that occupies or controls the place where the plant is growing or being stored fails, on demand from the Maryland Department of Health, to produce an appropriate registration or proof that the person is the holder of a registration.

#### Section 12-202

(a) Property subject to forfeiture under this title may be seized:

  (1) on a warrant issued by a court that has jurisdiction over the property; and

  (2) without a warrant when:

    (i) the seizure is incident to an arrest or a search under a search warrant;

    (ii) the seizure is incident to an inspection under an administrative inspection warrant;

    (iii) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under this title;

    (iv) there is probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

    (v) there is probable cause to believe that the property has been used or is intended to be used in violation of the Controlled Dangerous Substances law or this title.

(b) The seizing authority that seizes money that is contraband shall immediately:

  (1) photograph the contraband money and record the quantity of each denomination of coin or currency seized; and

  (2) deposit the money to the account of the appropriate local financial authority.

(c) A photograph taken under subsection (b) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.

#### Section 12-203

(a) Property seized under this title is in the custody of the seizing authority, and, unless returned to the owner as provided in subsection (c) of this section or Sec. 12-207 of this subtitle, is subject only to the orders, judgments, and decrees of the court or the official having jurisdiction over the property.

(b) A seizing authority may place seized property under seal and remove the property to a place designated by the court.

(c)

  (1) The owner of seized property may make a written request to the seizing authority for the return of the seized property.

  (2) Within 60 days after receipt of a written request under paragraph (1) of this subsection, the seizing authority shall make a decision as to the disposition of the seized property and shall notify the owner that:

    (i) the seizing authority does not have custody of the property and shall provide contact information for the law enforcement agency that does have custody of the property;

    (ii) the seizing authority does have custody of the property and will file a complaint for forfeiture;

    (iii) the seizing authority does have custody of the property and will retain it for evidentiary purposes until after the conclusion of a criminal case; or

    (iv) the seizing authority does have custody of the property and will promptly return the property to the owner.

#### Section 12-204

(a) In exercising the authority to seize motor vehicles under this title, a seizing authority shall apply the standards listed in subsection (b) of this section.

(b) A motor vehicle used in violation of the Controlled Dangerous Substances law or this title shall be seized and forfeiture shall be recommended to the forfeiting authority if:

  (1) any quantity of a controlled dangerous substance is sold or attempted to be sold in violation of the Controlled Dangerous Substances law or this title;

  (2) an amount of the controlled dangerous substance or paraphernalia is found that reasonably shows that the violator intended to sell the controlled dangerous substance in violation of the Controlled Dangerous Substances law; or

  (3) the total circumstances of the case as listed in subsection (c) of this section dictate that seizure and forfeiture are justified.

(c) Circumstances to be considered in deciding whether seizure and forfeiture are justified include:

  (1) the possession of controlled dangerous substances;

  (2) an extensive criminal record of the violator;

  (3) a previous conviction of the violator for a controlled dangerous substances crime;

  (4) evidence that the motor vehicle was acquired by use of proceeds from a transaction involving a controlled dangerous substance;

  (5) circumstances of the arrest; and

  (6) the way in which the motor vehicle was used.

#### Section 12-205

A motor vehicle used in violation of this title may not be seized and forfeiture may not be recommended to the forfeiting authority if:

(1) the motor vehicle falls within Sec. 12-103(b) of this title;

(2)

  (i) an innocent registered owner lends the motor vehicle to another person; and

  (ii) that person, or someone invited into the motor vehicle by that person, brings a controlled dangerous substance or paraphernalia into the motor vehicle without the registered owner's knowledge; or

(3)

  (i) a member of the family other than the registered owner uses the motor vehicle, and a controlled dangerous substance or paraphernalia is in the motor vehicle in an amount insufficient to suggest a sale is contemplated;

  (ii) a sale was not made or attempted; and

  (iii) the registered owner did not know that the controlled dangerous substance or paraphernalia was in the motor vehicle.

#### Section 12-206

(a) The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of this title shall recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer:

  (1) determines from the records of the Motor Vehicle Administration the names and addresses of all registered owners and secured parties as defined in the Code;

  (2) personally reviews the facts and circumstances of the seizure; and

  (3) personally determines, according to the standards listed in Sec. 12-204(b) of this subtitle, and represents in writing that forfeiture is warranted.

(b)

  (1) A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of this paragraph is admissible in evidence in a proceeding under this section.

  (2) The chief law enforcement officer may not be subpoenaed or compelled to appear and testify if another law enforcement officer with personal knowledge of the facts and circumstances surrounding the seizure and the recommendation of forfeiture appears and testifies at the proceeding.

#### Section 12-207

(a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that:

  (1) the motor vehicle falls within the purview of Sec. 12-205 of this subtitle; or

  (2) the standards listed under Sec. 12-204(b) of this subtitle were not met.

(b) In a proceeding under this title, the court may determine, based on the standards listed in Sec. 12-204(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:

  (1) in recommending the forfeiture of a motor vehicle; or

  (2) in not surrendering on request a motor vehicle to an owner.

#### Section 12-208

(a)

  (1) Except as provided in Sec.Sec. 12-209 and 12-210 of this subtitle, an owner of seized property who wishes to obtain possession of the property, to convey an interest in real property, or to remove a building or fixture from real property shall notify the clerk of the proper court.

  (2) If forfeiture proceedings have begun, the proper court is the court where the proceedings have begun.

  (3) If criminal proceedings have begun but forfeiture proceedings have not begun, the proper court is the court where the criminal proceedings have begun.

  (4) If neither forfeiture nor criminal proceedings have begun, the proper court is the circuit court for the county where the property was seized.

(b)

  (1) Unless the forfeiting authority and the owner agree to a bond in another amount, if a motor vehicle is not needed for evidentiary purposes in a judicial proceeding:

    (i) the court shall appraise the value of the motor vehicle on the basis of the average value of the motor vehicle set forth in the National Automobile Dealer's Association official used car guide; or

    (ii) if the owner shows that a lien is on the motor vehicle and the owner agrees to make the required payments to the lienholder, the court shall require a bond in an amount of the average value of the motor vehicle set forth in the National Automobile Dealer's Association official used car guide, less the amount owed on the lien.

  (2) For a motor vehicle, the court shall appraise the value in the manner provided in this subsection and provide the appraisal in writing to the clerk of the court.

(c)

  (1) If property other than a motor vehicle is not needed for evidentiary purposes in a judicial proceeding, the clerk shall obtain an independent appraisal of the value of the property.

  (2) The sheriff or other person responsible for an appraisal under this subsection shall promptly:

    (i) inspect and appraise the value of the property; and

    (ii) return the appraisal in writing under oath to the clerk of the court.

(d) Notice of the appraisal shall be sent to all lienholders shown in the records required by law for notice or the perfection of the lien.

(e)

  (1) On the filing of an appraisal, the owner may give bond payable to the clerk of the court in an amount equal to the greater of:

    (i) the appraised value of the property plus any accrued costs; or

    (ii) the aggregate amount of the liens on the property that are shown in the records required by law for the notice or perfection of liens.

  (2) A person may give a bond under this section by cash, through a surety, through a lien on real property, or by other means that the clerk approves.

  (3) A bond authorized under this section:

    (i) shall be conditioned for performance on final judgment by the court;

    (ii) shall be filed in the District Court or circuit court where the criminal action that gave rise to the seizure is pending; and

    (iii) unless a complaint for forfeiture has been filed, shall be part of the same criminal proceeding.

  (4) If a criminal action is not pending or a forfeiture complaint has not been filed, the bond shall be filed in the circuit court or District Court where the property was seized.

(f)

  (1) If the court orders that property or an interest or equity in the property or proceeds be forfeited under this title, the court shall enter judgment in the amount of the bond against the obligors on the bond without further proceedings.

  (2) Payment of the amount of the bond shall be applied as provided under Sec. 12-402(d)(2) of this title.

#### Section 12-209

Seizure of real property occurs on the earlier of the filing:

(1) of a complaint for forfeiture under this title; or

(2) of a notice of pending litigation in the circuit court of the county where the real property is located.

#### Section 12-210

(a) Subject to the rights of a lienholder to sell the real property, an owner or owner's tenant may remain in possession of seized real property until forfeiture is ordered.

(b) The forfeiting authority may apply to the court for the appointment of a receiver to apply income from income-producing property.

(c) If a person who is an owner or owner's tenant remains in possession of the real property and the person's interest in the real property is forfeited, the person shall immediately surrender the real property to the seizing authority in substantially the same condition as when seized.

#### Section 12-211

(a) This section does not apply if:

  (1) an act is agreed to by a forfeiting authority or is ordered by the court; or

  (2) an owner posts a bond under Sec. 12-208 of this subtitle.

(b) Subject to subsection (a) of this section, until the court enters judgment in favor of the owner, an owner may not attempt:

  (1) to convey or encumber an interest in seized real property; or

  (2) to remove a building or fixture on seized real property.

#### Section 12-212

A seizing authority or prosecuting authority may not directly or indirectly transfer seized property to a federal law enforcement authority or agency unless:

(1) a criminal case related to the seizure is prosecuted in the federal court system under federal law;

(2) the owner of the property consents to the forfeiture;

(3) the property is cash of at least $50,000; or

(4) the seizing authority transfers the property to a federal authority under a federal seizure warrant issued to take custody of assets originally seized under State law.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)