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Session Laws, 1970
Volume 695, Page 903   View pdf image
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Marvin Mandel, Governor                            903

persons CONVICTED OF DRUG OFFENSES and other dangerous
substance law offenders within the State, and make such informa-
tion available for Federal, State, and local law enforcement purposes;

(4) conduct programs of eradication aimed at destroying wild
or illicit growth of plant species from which controlled dangerous
substances may be extracted.

297. Forfeitures:

(a) The following shall be subject to forfeiture and no property
right shall exist in them:

(1)  All controlled dangerous substances which have been manu-
factured, distributed, dispensed, acquired, or possessed in violation
of the provisions of this subheading;

(2)  All raw materials, products and equipment of any kind which
or used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled dan-
gerous substance in violation of the provisions of this subheading;

(3)  All property which is used, or intended for use, as a con-
tainer for property described in subsections (1) and (2);

(4) All conveyances including aircraft, vehicles, or vessels, which
are used, or intended for use, to transport, or in any manner to
facilitate the transportation, sale, receipt, possession, or conceal-
ment of property described in (1) or (2), except that:

(a)  No conveyance used by any person as a common carrier in
the transaction of business as a common carrier shall be forfeited
under the provisions of this chapter unless it shall appear that the
owner or other person in charge of such conveyance was a consent-
ing party or privy to a violation of this subheading; and

(b)  No conveyance shall be forfeited under the provisions of
this section by reason of any act or omission established by the
owner thereof to have been committed or omitted by any person
other than such owner while such conveyance was unlawfully in
the possession of a person other than the owner in violation of the
criminal laws of the United States, or of any State; and

(5)  All books, records, and research, including formulas, micro-
film, tapes, and data which are used, or intended for use, in viola-
tion of this subheading;

(6)  All money or currency which shall be found in close proxim-
ity to contraband controlled dangerous substances or controlled
paraphernalia or which otherwise has been used or intended for use
in connection with the illegal manufacture, distribution, dispensing
or possession of controlled dangerous substances or controlled para-
phernalia.

(b) Any property subject to forfeiture under this subheading
may be seized upon process issued by any court having jurisdiction
over the property except that seizure without such process may be
made when

(1) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative inspec-
tion warrant;


 

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Session Laws, 1970
Volume 695, Page 903   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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