Marvin Mandel, Governor                       1609

(6) All money or currency which shall be found in close proxim-
ity to contraband controlled dangerous substances or controlled para-
phernalia 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 inspection
warrant;

(2)    The property subject to seizure has been the subject of a
prior judgment in favor of the State in a criminal injunction or for-
feiture 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 official haying jurisdiction thereof. Whenever property 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 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 expenses of the
proceedings for forfeiture and sale including expenses of seizure,
maintenance of custody, advertising and court costs;

(3)    Require an appropriate agency to take custody of the prop-
erty and remove it for disposition in accordance with law, or de-
struction.

(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 summarily
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 contraband and summarily
forfeited to the State.