# Criminal Procedure (GCP)

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

### Subtitle 3. Forfeiture Proceedings

#### 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.

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