# Criminal Procedure (GCP)

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

### Subtitle 4. Disposition

#### Section 12-401

In a proceeding under this title, a court:

(1) may grant requests for mitigation or remission of forfeiture or take other action that protects the rights of innocent persons, is consistent with this title, and is in the interest of justice;

(2) may resolve claims arising under this title; and

(3) may take appropriate measures to safeguard and maintain property forfeited under this title pending the disposition of the property.

#### Section 12-402

(a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released.

(b) Subject to Sec. 12-403(b) of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body.

(c) If the court determines that the forfeited property is subject to a valid lien created without actual knowledge of the lienholder that the property was being or was to be used in violation of the Controlled Dangerous Substances law, the court shall order that the property be released within 5 days to the first priority lienholder.

(d)

  (1) The lienholder shall sell the property in a commercially reasonable manner.

  (2) The proceeds of the sale shall be applied as follows:

    (i) to the court costs of the forfeiture proceeding;

    (ii) to the balance due the lienholder, including all reasonable costs incident to the sale;

    (iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance of custody; and

    (iv) except as provided in Sec. 12-403(b) of this subtitle, to the General Fund of the State or of the political subdivision that seized the property.

#### Section 12-403

(a)

  (1) Whenever property is forfeited under this title, the governing body where the property was seized may:

    (i) keep the property for official use;

    (ii) require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or

    (iii) sell the property if:

      (1) the law does not require the property to be destroyed; and

      (2) the property is not harmful to the public.

  (2) The proceeds of a sale under this subsection shall first be used to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.

(b) If the seizing authority was a State law enforcement unit:

  (1) under Sec. 12-402(b) of this subtitle, the court shall order the property to be forfeited to the State law enforcement unit; or

  (2) under Sec. 12-402(d)(2)(iv) of this subtitle, the proceeds of the sale shall be paid to the State law enforcement unit.

(c) Except as provided in subsection (d) of this section, the State law enforcement unit that receives forfeited property or proceeds from a sale of forfeited property under this section shall:

  (1) dispose of the forfeited property as provided in subsection (a) of this section; and

  (2) pay to the General Fund of the State any proceeds of the sale of the forfeited property.

(d) Except as otherwise provided under federal law, a law enforcement unit other than a State law enforcement unit that participated with a State law enforcement unit in seizing property forfeited under this section:

  (1) shall be paid by the State law enforcement unit the share of the proceeds from the sale of the forfeited property as agreed by the law enforcement units; or

  (2) may ask the Governor's Office of Crime Prevention and Policy to determine its share.

(e) Proceeds that a law enforcement unit other than a State law enforcement unit receives under subsection (d) of this section shall be deposited in the general fund of the political subdivision of that law enforcement unit.

#### Section 12-404

A sale of property ordered under this title shall be made for cash and gives the purchaser clear and absolute title.

#### Section 12-405

Notwithstanding any other provision of law, the Governor shall include in the annual budget bill an appropriation equal to 100% of the proceeds deposited in the General Fund of the State under this subtitle to the Maryland Department of Health for the purpose of funding drug treatment and education programs.

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