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PARRIS N. GLENDENING, Governor
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Ch. 213
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(2) Without a conviction, a court may order a forfeiture of real property
used as the principal family residence if the owner of the family residence:
(i) fails to appear for a required court appearance; and
(ii) fails to surrender to the jurisdiction of the court within 180 days
after the required court appearance.
(e) Real property used as the principal family residence by a husband and wife
and held by the husband and wife as tenants by the entirety may not be forfeited
unless:
(1) the property was used in connection with a violation of [Article 27, §
286, § 286A, § 286B, § 286C, or § 290 of the Code] §§ 5-602 THROUGH 5-609, §§ 5-612
THROUGH 5-614, § 5-617, § 5-618, OR § 5-628 OF THE CRIMINAL LAW ARTICLE OR WITH
AN ATTEMPT OR CONSPIRACY TO VIOLATE TITLE 5 OF THE CRIMINAL LAW ARTICLE;
and
(2) both the husband and wife are convicted of a violation of [Article 27,
§ 286, § 286A, § 286E-, § 286C, or § 290 of the Code] §§ 5-602 THROUGH 5-609, §§ 5-612
THROUGH 5-614, § 5-617, § 5-618, OR § 5-628 OF THE CRIMINAL LAW ARTICLE OR OF AN
ATTEMPT OR CONSPIRACY TO VIOLATE TITLE 5 OF THE CRIMINAL LAW ARTICLE.
12-201.
(a) A Schedule I substance listed in [Article 27, § 279 of the Code] § 5-102 OF
THE CRIMINAL LAW ARTICLE shall be seized and summarily forfeited to the State if
the substance is:
(1) possessed, transferred, sold, or offered for sale in violation of the
Controlled Dangerous Substances law; or
(2) possessed by the State and its owner is not known.
(b) A plant may be seized and summarily forfeited to the State if the plant:
(1) is one from which a Schedule I or Schedule II substance listed in
[Article 27, § 279 of the Code] § 5-402 OR § 5-403 OF THE CRIMINAL LAW ARTICLE may
be derived; and
(2) (i) has been planted or cultivated in violation of the Controlled
Dangerous Substances law;
(ii) has an unknown owner or cultivator; or
(iii) is a wild growth.
12-309.
Except as provided in §§ 12-103(e) and 12-312 of this title, an owner's interest
in real property may be forfeited if the real property was used in connection with a
violation of [§ 286, § 286A, § 286B, § 286C, or § 290 of Article 27 of the Code] §§ 5-602
THROUGH 5-609, §§ 5-612 THROUGH 5-614, § 5-617, § 5-618, OR § 5-628 OF THE
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- 1823 -
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