# Criminal Procedure (GCP)

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

### Subtitle 3. Forfeiture Proceedings

#### Section 12-301

Except as provided in Sec. 12-304(d) of this subtitle, if property is seized under Sec. 12-202(a)(2)(iv) and (v) of this title because there is probable cause to believe that the property is directly or indirectly dangerous to health or safety and that the property was or will be used to violate this title, forfeiture proceedings under this subtitle shall be filed promptly.

#### Section 12-302

(a) To apply for the forfeiture of money, the appropriate local financial authority or the Attorney General shall file a complaint and affidavit in the District Court or the circuit court for the county in which the money was seized.

(b) The complaint and affidavit shall be served in accordance with the Maryland Rules of Procedure.

#### Section 12-303

Except as provided in Sec. 12-302 of this subtitle and Sec. 4-401(9) of the Courts Article, the appropriate forfeiting authority shall file proceedings under this title in the circuit court.

#### Section 12-304

(a) Except as provided under subsections (b), (c), and (d) of this section, a complaint seeking forfeiture shall be filed within the earlier of:

  (1) 90 days after the seizure; or

  (2) 1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture.

(b) A complaint for the forfeiture of a motor vehicle shall be filed within 45 days after the motor vehicle is seized.

(c) If the State or a political subdivision does not file a timely complaint seeking forfeiture under subsection (a) or (b) of this section, the property shall be promptly released to the owner, if known.

(d)

  (1) A proceeding about money shall be filed within 90 days after the final disposition of criminal proceedings that arise out of the Controlled Dangerous Substances law.

  (2) If the State or a political subdivision does not file proceedings about money within the 90-day period, the money seized under this title shall be returned to the owner on request by the owner.

  (3) If the owner fails to ask the return of the money within 1 year after the final disposition of criminal proceedings, as provided under Sec. 12-403 of this title, the money shall revert to:

    (i) the political subdivision in which the money was seized; or

    (ii) the State, if the money was seized by State authorities.

#### Section 12-305

(a) A complaint seeking forfeiture shall contain:

  (1) a description of the property seized;

  (2) the date and place of the seizure;

  (3) the name of the owner, if known;

  (4) the name of the person in possession, if known;

  (5) the name of each lienholder, if known or reasonably subject to discovery;

  (6) an allegation that the property is subject to forfeiture;

  (7) if the forfeiting authority seeks to forfeit a lienholder's interest in property, an allegation that the lien was created with actual knowledge that the property was being or was to be used in violation of the Controlled Dangerous Substances law;

  (8) a statement of the facts and circumstances surrounding the seizure;

  (9) a statement setting forth the specific grounds for forfeiture; and

  (10) an oath or affirmation by the forfeiting authority that the contents of the complaint are true to the best of the forfeiting authority's knowledge, information, and belief.

(b) Within 20 days after the filing of the complaint, copies of the summons and complaint shall be sent by certified mail requesting "restricted delivery - show to whom, date, address of delivery" and first-class mail to all known owners and lienholders whose identities are reasonably subject to discovery, including all real property owners and lienholders shown in the records required by law for notice or perfection of the lien.

#### Section 12-306

(a) A notice shall be signed by the clerk and shall:

  (1) include the caption of the case;

  (2) describe the substance of the complaint and the relief sought;

  (3) state the latest date on which a response may be filed;

  (4) state that the property shall be forfeited if a response is not filed on time;

  (5) state that the owner of the property may have possession of the property pending forfeiture by posting a bond as provided in Sec. 12-208 of this title; and

  (6) tell where to file a response and whom to contact for more information concerning the forfeiture.

(b) Within 20 days after the filing of the complaint, the notice shall be:

  (1) posted by the sheriff on the door of the courthouse where the action is pending or on a bulletin board within the immediate vicinity of the door;

  (2) posted by the sheriff in a conspicuous place on the land, if forfeiture of real property is sought; and

  (3) published at least once a week in each of 3 successive weeks in a newspaper of general circulation published in the county in which the action is pending, unless the property is a boat or motor vehicle.

#### Section 12-307

The answer to a complaint shall:

(1) comply with the Maryland Rules;

(2) state the nature and extent of the person's right in, title to, or interest in the property;

(3) state how and when the person acquired a right in, title to, or interest in the property; and

(4) contain a request for relief and a request for a prompt hearing.

#### Section 12-308

(a) If an answer has been filed on time, the court shall set a hearing on the forfeiture claim within 60 days after the later of:

  (1) posting of notice under Sec. 12-306(b)(1) or (2) of this subtitle; or

  (2) final publication of notice under Sec. 12-306(b)(3) of this subtitle.

(b) Without a hearing, the court may order forfeiture of the property interest of a person who fails to timely file an answer.

#### Section 12-309

Except as provided in Sec. 12-103(e) of this title and Sec. 12-312 of this subtitle, an owner's interest in real property may be forfeited if the real property was used in connection with a violation of Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 5-628 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.

#### Section 12-310

(a) Forfeiture proceedings for real property may be brought in the jurisdiction where:

  (1) the criminal charges are pending;

  (2) the owner resides; or

  (3) the real property is located.

(b)

  (1) If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the jurisdiction where the property is located.

  (2) A notice of pending litigation required under this subsection shall include at least:

    (i) the name and address of the owner of the real property;

    (ii) a description of the real property; and

    (iii) a description of the reasons for the filing of the forfeiture proceedings and notice of pending litigation.

#### Section 12-311

If an owner of real property used as the principal family residence is convicted under Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 5-628 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate Title 5 of the Criminal Law Article and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under Sec. 12-103(e) of this title or Sec. 12-312(b) of this subtitle against the real property during the pendency of the appeal.

#### Section 12-312

(a) Except as provided in subsection (b) of this section, property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:

  (1) the person has violated Sec.Sec. 5-602 through 5-609, Sec.Sec. 5-612 through 5-614, Sec. 5-617, Sec. 5-618, or Sec. 5-628 of the Criminal Law Article or has attempted or conspired to violate Title 5 of the Criminal Law Article;

  (2) the property was acquired by the person during the violation or within a reasonable time after the violation; and

  (3) there was no other likely source for the property.

(b) Real property used as the principal family residence may not be forfeited under this section unless:

  (1) an owner of the real property was convicted of a crime described under subsection (a) of this section; or

  (2) the real property is covered by Sec. 12-103(d)(2) of this title.

#### Section 12-313

Except for purposes of impeachment, a statement made by a person regarding ownership of seized property during the course of a forfeiture proceeding is not admissible in a related criminal prosecution.

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