VETOES

(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;

(e)  Circumstances of the arrest;

(f)  The manner in which the vehicle was
being used.

(2) A motor vehicle used in violation of this
subtitle shall not be seized and forfeiture shall not be
recommended to the State's Attorney when:

(i) The motor vehicle is being used by a member
of the family other than the registered owner and controlled
dangerous substances or paraphernalia are located therein in a
quantity insufficient to suggest a sale is contemplated, and
where no sale was made or attempted, and the registered owner
neither knew nor should have known that such material was in the
motor vehicle;

(ii) An innocent registered owner lends his
motor vehicle to another and the latter or someone invited into
the motor vehicle by such person causes controlled dangerous
substances or paraphernalia to be brought into the vehicle
without the knowledge of the owner;

(iii) The motor vehicle falls within the
provisions of § 297(a)(4)(i) or (ii).

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