WILLIAM DONALD SCHAEFER, Governor                     Ch. 285

including expenses of seizure, maintenance of custody,
advertising and count costs; or

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

[(e)] (G) All substances listed in Schedule I that are
possessed, transferred, 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.

(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.

(H) (1) (I) PROCEEDINGS UNDER THIS SECTION SHALL BE

CONDUCTED AS REM PROCEEDINGS UNDER TITLE 2 OR TITLE 3 OF THE
MARYLAND RULES, AS APPLICABLE TO THE COURT IN WHICH THE ACTION

WAS INSTITUTED.

(II) EXCEPT AS PROVIDED IN § 4-401(8) OF THE
COURTS AND JUDICIAL PROCEEDINGS ARTICLE, ALL PROCEEDINGS UNDER
THIS SECTION SHALL BE INSTITUTED IN THE CIRCUIT COURT BY THE
APPROPRIATE FORFEITING AUTHORITY.

(2) (I) EXCEPT AS PROVIDED UNDER SUBSECTION (D) (2) OF
THIS SECTION AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, A COMPLAINT
SEEKING FORFEITURE SHALL BE FILED WITHIN THE EARLIER OF 90 DAYS

1. 90 DAYS FOLLOWING THE SEIZURE; OR

2. WHEN CRIMINAL PROCEEDINGS WERE

INSTITUTED.

2. ONE YEAR FOLLOWING THE FINAL
DISPOSITION OF A CRIMINAL CHARGE FOR A VIOLATION UNDER THIS
SUBHEADING GIVING RISE TO THE FORFEITURE.---------------------------

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