904                              Laws of Maryland                       Ch. 403

(2)  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 subheading;

(3)  There is probable cause to believe that the property is di-
rectly or indirectly dangerous to health or safety; or

(4) There is probable cause to believe that the property has
been used or intended to be used in violation of this subheading.

In the event of seizure pursuant to paragraphs (3) and (4) of
this subsection, proceedings under subsection (d) of this section
shall be instituted promptly.

(c)  Property taken or detained under this section shall not be
repleviable, but shall be deemed to be in the custody of the person
who seized said property subject only to the orders and decrees of
the court or the official having jurisdiction thereof. Whenever prop-
erty is seized under the provisions of this subheading, the person
who seized said property may:

(1)  Place the property under seal;

(2)  Remove the property to a place designated by the court;

(d)   Whenever property is forfeited under this subheading, the
political subdivision of the law enforcement agency of the political
subdivision in which such property was seized, or, if the property
was seized by State authorities, the State may:

(1)  Retain the property for official use;

(2)  Sell any forfeited property which is not required to be de-
stroyed by law and which is not harmful to the public, provided
that the proceeds be disposed of for payment of all proper ex-
penses of the proceedings for forfeiture and sale including expenses
of seizure, maintenance of custody, advertising and court costs.

(8) Require an appropriate agency take custody of the property
and remove it for disposition in accordance with law, or destruction.

(e)  All substances listed in Schedule I that are possessed, trans-
ferred, sold, or offered for sale in violation of the provisions of
this subheading shall be deemed contraband and seized and sum-
marily forfeited to the State. Similarly, all substances listed in
Schedule I, which are seized or come into the possession of the
State, the owners of which are unknown, shall be deemed contra-
band and summarily forfeited to the State.

(1)  All species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this Act, or of which the owners or cul-
tivators are unknown, or which are wild growths, may be seized
and summarily forfeited to the State.

(2)   The failure, upon demand by the Department, or their duly
authorized agent, of the person in occupancy or in control of land
or premises upon which such species of plants are growing or being
stored, to produce an appropriate registration, or proof that he is
the holder thereof, shall constitute authority for the seizure and
forfeiture.