Ch. 6

LAWS OF MARYLAND

Occurred: Ch. 403, Acts of 1970.

(d) Except as provided under subsection (j) of this
section, 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:

(2) Sell any forfeited property which is not required
to be destroyed 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; OR

(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:

(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; OR

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

(e) Circumstances of the arrest; OR

(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:

(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; OR

DRAFTER'S NOTE:

Error: Missing conjunctions in Article 27, § 297
(d)(2) and (f)(l)(ii) and (iii)(e) and (2)(ii).

Occurred: In subsection (d), Ch. 403, Acts of 1970;
in subsection (f), Ch. 659, Acts of 1972.

300.

- 846 -