WILLIAM DONALD SCHAEFER, Governor

Ch. 743

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.

(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 subheading, or of
which the owners or cultivators 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
its 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.

(f) In exercising the authority to seize motor vehicles
pursuant to this section the following standards shall be
utilized:

(1) A motor vehicle used in violation of this section
shall be seized and forfeiture recommended to the State's
attorney when:

(i) Controlled dangerous substances in any
quantity are sold or attempted to be sold in violation of this
subtitle;

(ii) Although the violator has not sold or
attempted to sell controlled dangerous substances in violation of
this subtitle, an amount of such substances or paraphernalia is
located which would reasonably indicate that sale is contemplated
by the violator.

(iii) The total circumstances of the case
dictate that seizure and forfeiture is justified; these
circumstances would include such factors as the following:

(a)  The possession of controlled
dangerous substances;

(b)  An extensive criminal record of the
violator;

(c)  A previous conviction of   the violator
for a controlled dangerous substances violation;

(d)  Corroborated information is developed
indicating that the violator is or was recently a seller, or
frequently associates with individuals known to be   distributors
of illegal controlled dangerous substances or paraphernalia;

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