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Regulations
& Codified CSA > USC > Subchapter
I, Part E > Section 881
Section 881. Forfeitures
Subject property
(a) The following shall be subject to forfeiture to the United States and no property right shall
exist in them:
(1) All controlled substances which have been manufactured, distributed,
dispensed, or acquired in violation of this subchapter.
(2) All raw materials, products, and equipment of any kind which are used, or
intended for use, in manufacturing, compounding, processing, delivering,
importing, or exporting any controlled substance or listed chemical in violation of
this subchapter.
(3) All property which is used, or intended for use, as a container for property
described in paragraph (1), (2), or (9).
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are
intended for use, to transport, or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of property described in paragraph (1), (2), or
(9).
(5) All books, records, and research, including formulas, microfilm, tapes, and data
which are used, or intended for use, in violation of this subchapter.
(6) All moneys, negotiable instruments, securities, or other things of value
furnished or intended to be furnished by any person in exchange for a controlled
substance or listed chemical in violation of this subchapter, all proceeds traceable to
such an exchange, and all moneys, negotiable instruments, and securities used or
intended to be used to facilitate any violation of this subchapter, except that no
property shall be forfeited under this paragraph, to the extent of the interest of an
owner, by reason of any act or omission established by that owner to have been
committed or omitted without the knowledge or consent of that owner.
(7) All real property, including any right, title, and interest (including any leasehold
interest) in the whole of any lot or tract of land and any appurtenances or
improvements, which is used, or intended to be used, in any manner or part, to
commit, or to facilitate the commission of, a violation of this title punishable by
more than one year's imprisonment, except that no property shall be forfeited under
this paragraph, to the extent of an interest of an owner, by reason of any act or
omission established by that owner to have been committed or omitted without the
knowledge or consent of that owner.
(8) All controlled substances which have been possessed in violation of this
subchapter.
(9) All listed chemicals, all drug manufacturing equipment, all tableting machines,
all encapsulating machines, and all gelatin capsules, which have been imported,
exported, manufactured, possessed, distributed, dispensed, acquired, or intended to
be distributed, dispensed, acquired, imported, or exported, in violation of this
subchapter or subchapter II of this chapter.
(10) Any drug paraphernalia (as defined in section
1822 of the Mail Order Drug Paraphernalia Control Act).
(11) Any firearm (as defined in section 921 of Title 18) used or intended to be used
to facilitate the transportation, sale, receipt, possession, or concealment of property
described in paragraph (1) or (2) and any proceeds traceable to such property.
Seizure procedures
(b) Any property subject to forfeiture to the United States under this section may be
seized by the Attorney General in the manner set forth in section 981 (b) of
title 18.
Custody of Attorney General
(c) Property taken or detained under this section shall not be repleviable, but shall be deemed to
be in the custody of the Attorney General, subject only to the orders and decrees of the court or
the official having jurisdiction thereof. Whenever property is seized under any of the provisions
of this subchapter, the Attorney General may --
(1) place the property under seal;
(2) remove the property to a place designated by him; or
(3) require that the General Services Administration take custody of the property
and remove it, if practicable, to an appropriate location for disposition in
accordance with law.
Other laws and proceedings applicable
(d) The provisions of law relating to the seizure, summary and judicial forfeiture, and
condemnation of property for violation of the customs laws; the disposition of such property or
the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the
compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been
incurred, under any of the provisions of this subchapter, insofar as applicable and not
inconsistent with the provisions hereof; except that such duties as are imposed upon the customs
officer or any other person with respect to the seizure and forfeiture of property under the
customs laws shall be performed with respect to seizures and forfeitures of property under this
subchapter by such officers, agents, or other persons as may be authorized or designated for that
purpose by the Attorney General, except to the extent that such duties arise from seizures and
forfeitures effected by any customs officer.
Disposition of forfeited property
(e)(1) Whenever property is civilly or criminally forfeited under this subchapter the Attorney
General may --
(A) retain the property for official use or, in the manner provided with
respect to transfers under section 1616a of Title 19, transfer the property to
any Federal agency or to any State or local law enforcement agency which
participated directly in the seizure or forfeiture of the property;
(B) except as provided in paragraph (4), sell, by public sale or any other
commercially feasible means, any forfeited property which is not required to
be destroyed by law and which is not harmful to the public;
(C) require that the General Services Administration take custody of the
property and dispose of it in accordance with law;
(D) forward it to the Drug Enforcement Administration for disposition
(including delivery for medical or scientific use to any Federal or State
agency under regulations of the Attorney General); or
(E) transfer the forfeited personal property or the proceeds of the sale of any
forfeited personal or real property to any foreign country which participated
directly or indirectly in the seizure or forfeiture of the property, if such a
transfer --
(i) has been agreed to by the Secretary of State;
(ii) is authorized in an international agreement between the United
States and the foreign country; and
(iii) is made to a country which, if applicable, has been certified
under section 2291(h) of Title 22.
(2)(A) The proceeds from any sale under subparagraph (B) of paragraph (1) and any
moneys forfeited under this subchapter shall be used to pay --
(i) all property expenses of the proceedings for forfeiture and sale
including expenses of seizure, maintenance of custody, advertising,
and court costs; and
(ii) awards of up to $100,000 to any individual who provides
original information which leads to the arrest and conviction of a
person who kills or kidnaps a Federal drug law enforcement agent.
Any award paid for information concerning the killing or kidnapping of a Federal drug law
enforcement agent, as provided in clause (ii), shall be paid at the discretion of the Attorney
General.
(B) The Attorney General shall forward to the Treasurer of the United States
for deposit in accordance with section 524(c) of Title 28, any amounts of
such moneys and proceeds remaining after payment of the expenses
provided in subparagraph (A) except that, with respect to forfeitures
conducted by the Postal Service, the Postal Service shall deposit in the
Postal Service Fund, under section 2003(b)(7) of Title 39, such moneys and
proceeds.
(3) The Attorney General shall assure that any property transferred to a State or
local law enforcement agency under paragraph (1)(A) --
(A) has a value that bears a reasonable relationship to the degree of direct
participation of the State or local agency in the law enforcement effort
resulting in the forfeiture, taking into account the total value of all property
forfeited and the total law enforcement effort with respect to the violation of
law on which the forfeiture is based; and
(B) will serve to encourage further cooperation between the recipient State
or local agency and Federal law enforcement agencies.
(4)(A) With respect to real property described in subparagraph (B), if the chief
executive officer of the State involved submits to the Attorney General a request for
purposes of such subparagraph, the authority established in such subparagraph is in
lieu of the authority established in paragraph (1)(B).
(B) In the case of property described in paragraph (1)(B) that is civilly or
criminally forfeited under this subchapter, if the property is real property
that is appropriate for use as a public area reserved for recreational or
historic purposes or for the preservation of natural conditions, the Attorney
General, upon the request of the chief executive officer of the State in which
the property is located, may transfer title to the property to the State, either
without charge or for a nominal charge, through a legal instrument
providing that --
(i) such use will be the principal use of the property; and
(ii) title to the property reverts to the United States in the event that
the property is used otherwise.
Forfeiture and destruction of schedule I or II substances
(f)(1) All controlled substances in schedule I or II that are possessed, transferred, sold, or offered
for sale in violation of the provisions of this subchapter; all dangerous, toxic, or hazardous raw
materials or products subject to forfeiture under subsection (a)(2) of this section; and any
equipment or container subject to forfeiture under subsection (a)(2) or (3) of this section which
cannot be separated safely from such raw materials or products shall be deemed contraband and
seized and summarily forfeited to the United States. Similarly, all substances in schedule I or II,
which are seized or come into the possession of the United States, the owners of which are
unknown, shall be deemed contraband and summarily forfeited to the United States.
(2) The Attorney General may direct the destruction of all controlled substances in
schedule I or II seized for violation of this subchapter; all dangerous, toxic, or
hazardous raw materials or products subject to forfeiture under subsection (a)(2) of
this section; and any equipment or container subject to forfeiture under subsection
(a)(2) or (3) of this section which cannot be separated safely from such raw
materials or products under such circumstances as the Attorney General may deem
necessary.
Plants
(g)(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 subchapter, or of which the
owners or cultivators are unknown, or which are wild growths, may be seized and summarily
forfeited to the United States.
(2) The failure, upon demand by the Attorney General or his 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.
(3) The Attorney General, or his duly authorized agent, shall have authority to enter
upon any lands, or into any dwelling pursuant to a search warrant, to cut, harvest,
carry off, or destroy such plants.
Vesting of title in United States
(h) All right, title, and interest in property described in subsection (a) of this section shall vest in
the United States upon commission of the act giving rise to forfeiture under this section.
Stay of civil forfeiture proceedings; applicability
(i) The provisions of section 981(g) of title 18, United States Code, regarding
the stay of a civil forfeiture proceeding shall apply to forfeitures under this
section.
Venue
(j) In addition to the venue provided for in section 1395 of Title 28 or any other provision of law,
in the case of property of a defendant charged with a violation that is the basis for forfeiture of
the property under this section, a proceeding for forfeiture under this section may be brought in
the judicial district in which the defendant owning such property is found or in the judicial
district in which the criminal prosecution is brought.
2Agreement between Attorney General and Postal Service for performance of functions
(l) The functions of the Attorney General under this section shall be carried out by the
Postal Service pursuant to such agreement as may be entered into between the Attorney General
and the Postal Service pursuant to such agreement as may be entered into between
the Attorney General and the Postal Service.
2 So in original. No subsec. (k) has been
enacted
(Pub. L. 91-513, title II, Sec. 511, Oct. 27, 1970, 84 Stat. 1276; Pub. L.
95-633, title III, Sec. 301(a), Nov. 10, 1978, 92 Stat. 3777; Pub. L. 96-132,
Sec. 14, Nov. 30, 1979, 93 Stat. 1048; Pub. L. 98-473, title II, Secs. 306, 309,
518, Oct. 12, 1984, 98 Stat. 2050, 2051, 2075; Pub. L.99-570, title I, Secs.
1006(c), 1865, 1992, Oct. 27, 1986, 100 Stat. 3207-7, 3207-54, 3207-59; Pub. L.
99-646, Sec. 74, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100-690, title V, Sec.
5105, title VI, Secs. 6059, 6074, 6075, 6077(a), (b), 6253, Nov. 18, 1988, 102
Stat. 4301, 4319,4323-4325, 4363; Pub. L. 101-189, div. A, title XII, Sec.
1215(a), Nov. 29, 1989, 103 Stat. 1569; Pub. L. 101-647, title XX, Secs. 2003,
2004, 2007, 2008, Nov. 29, 1990, 104 Stat. 4855, 4856; Pub. L. 102-239, Sec. 2,
Dec. 17, 1991, 105 Stat. 1912; Pub. L. 103-447, title I, Sec.
102(d), Nov. 2, 1994, 108 Stat. 4693; Pub. L. 104-237, title II, Sec. 201(b),
Oct. 3, 1996, 110 Stat. 3101; Pub. L. 106-185, Secs. 2(c)(2), 5(b), 8(b), Apr.
25, 2000, 114 Stat. 210, 214, 216.)
Editorial
Notes:
References in Text
Subchapter II of this chapter, referred to in subsec. (a)(9), was in the
original "title III'', meaning title III of Pub. L. 91-513, Oct. 27, 1970,
84 Stat. 1285. Part A of title III comprises subchapter II of this chapter. For
classification of Part B, consisting of sections 1101 to
1105 of title III, see Tables.
Section 1822 of the Mail Order Drug Paraphernalia Control Act, referred to in
subsec. (a)(10), is section 1822 of Pub. L. 99-570, title I, Oct. 27, 1986, 100
Stat. 3207-51, which was repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d),
Nov. 29, 1990, 104 Stat. 4859. Prior to repeal, subsec. (d) of section 1822 of
Pub. L. 99-570, which defined "drug paraphernalia'', was transferred to
subsec. (d) of section 422 of title II of Pub. L. 91-513, the Controlled
Substances Act. Section 422 of Pub. L. 91-513 is classified to section 863 of
this title.
The customs laws, referred to in subsec. (d), are classified generally to
Title 19, Customs Duties.
Schedules I and II, referred to in subsecs. (f) and (g), are set out in
section 812(c) of this title.
Codifications
Effective and Applicability Provisions
2000 Acts. Amendment by Pub. L. 106-185 applicable to any forfeiture proceeding
commenced on or after the date that is 120 days after Apr. 25, 2000, see section
21 of Pub. L. 106-185, set out as a note under section 1324 of Title 8, Aliens
and Nationality.
1992 Acts. Substitution in subsec. (e)(1)(iii) of "section 2291j
of Title 22" for "section 2291(h) of Title 22" by Pub.L. 102-583
effective Oct. 1, 1992, see section 6(a) of Pub.L.102-583, set out as a note
under section 2291h of Title 22, Foreign Relations and Intercourse.
1989 Acts. Section 1215(b) of Pub. L. 101-189 provided that: "The amendment made by
subsection (a) [amending this section] shall take effect as of October 1,
1989.''
1988 Acts. Amendment by section 6059 of Pub. L. 100-690 effective 120 days after Nov.
18, 1988, see section 6061 of Pub. L. 100-690, set out as a note under section
802 of this title.
Section 6077(c) of Pub. L. 100-690, as amended by Pub. L. 101-162, title II,
Sec. 208, Nov. 21, 1989, 103 Stat. 1005, provided that: "Section
551(e)(3)(B) of the Controlled Substances Act [probably means section
511(e)(3)(B) of the Controlled Substances Act, 21 U.S.C. 881(e)(3)(B)],
as enacted by subsection (a), shall apply with respect to fiscal years beginning
after September 30, 1991.''
Transfer of Functions
Bureau of Narcotics and Dangerous Drugs, including office of Director
thereof, in Department of Justice abolished by Reorg. Plan No. 2 of 1973, eff.
July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,
Government Organization and Employees. Reorg. Plan No. 2 of 1973 also created in
Department of Justice a single, comprehensive agency for enforcement of drug
laws to be known as Drug Enforcement Administration, empowered Attorney General
to authorize performance by officers, employees, and agencies of Department of
functions transferred to him, and directed Attorney General to coordinate all
drug law enforcement functions to assure maximum cooperation between Drug
Enforcement Administration, Federal Bureau of Investigation, and other units of
Department of Justice involved in drug law enforcement.
Constructive Seizure Procedures
Pub. L. 101-225, title II, Sec. 210, Dec. 12, 1989, 103 Stat. 1913, provided
that: "Not later than 6 months after the date of enactment of this Act
[Dec. 12, 1989], the Secretary of Transportation and the Secretary of the
Treasury, in order to avoid the devastating economic effects on innocent owners
of seizures of their vessels, shall develop a procedure for constructive seizure
of vessels of the United States engaged in commercial service as defined in
section 2101 of title 46, United States Code, that are suspected of being used
for committing violations of law involving personal use quantities of controlled
substances.''
Regulations for Expedited Administrative Forfeiture Procedures
Section 6079 of Pub. L. 100-690 provided that:
"(a) In General.--Not later than 90 days after the date of enactment of
this Act [Nov. 18, 1988], the Attorney General and the Secretary of the Treasury
shall consult, and after providing a 30-day public comment period, shall
prescribe regulations for expedited administrative procedures for seizures under
section 511(a)(4), (6), and (7) of the Controlled Substances Act (21 U.S.C. 881(a)(4),
(6), and (7)); section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a(a)); and
section 2 of the Act of August 9, 1939 (53 Stat. 1291; 49 U.S.C. App. 782 [now
49 U.S.C. 80303]) for violations involving the possession of personal use
quantities of a controlled substance.
"(b) Specifications.--The regulations prescribed pursuant to subsection
(a) shall--
"(1) minimize the adverse impact caused by prolonged detention, and
"(2) provide for a final administrative determination of the case within
21 days of seizure, or provide a procedure by which the defendant can obtain
release of the property pending a final determination of the case. Such
regulations shall provide that the appropriate agency official rendering a final
determination shall immediately return the property if the following conditions
are established:
"(A) the owner or interested party did not know of or consent to the
violation;
"(B) the owner establishes a valid, good faith interest in the seized
property as owner or otherwise; and
"(C)(1) the owner establishes that the owner at no time had any
knowledge or reason to believe that the property in which the owner claims an
interest was being or would be used in a violation of the law; and
"(2) if the owner at any time had, or should have had, knowledge or
reason to believe that the property in which the owner claims an interest was
being or would be used in a violation of the law, that the owner did what
reasonably could be expected to prevent the violation.
An owner shall not have the seized property returned under this subsection
if the owner had not acted in a normal and customary manner to ascertain how
the property would be used.
"(c) Notice.--At the time of seizure or upon issuance of a summons to
appear under subsection (d), the officer making the seizure shall furnish to any
person in possession of the conveyance a written notice specifying the
procedures under this section. At the earliest practicable opportunity after
determining ownership of the seized conveyance, the head of the department or
agency that seizes the conveyance shall furnish a written notice to the owner
and other interested parties (including lienholders) of the legal and factual
basis of the seizure.
"(d) Summons in Lieu of Seizure of Commercial Fishing Industry
Vessels.--Not later than 90 days after the enactment of this Act [Nov. 18,
1988], the Attorney General, the Secretary of the Treasury, and the Secretary of
Transportation shall prescribe joint regulations, after a public comment period
of at least 30 days, providing for issuance of a summons to appear in lieu of
seizure of a commercial fishing industry vessel as defined in section 2101(11a),
(11b), and (11c) of title 46, United States Code, for violations involving the
possession of personal use quantities of a controlled substance. These
regulations shall apply when the violation is committed on a commercial fishing
industry vessel that is proceeding to or from a fishing area or intermediate
port of call, or is actively engaged in fishing operations. The authority
provided under this section shall not affect existing authority to arrest an
individual for drug-related offenses or to release that individual into the
custody of the vessel's master. Upon answering a summons to appear, the
procedures set forth in subsections (a), (b), and (c) of this section shall
apply. The jurisdiction of the district court for any forfeiture incurred shall
not be affected by the use of a summons under this section.
"(e) Personal Use Quantities of a Controlled Substance.--For the
purposes of this section, personal use quantities of a controlled substance
shall not include sweepings or other evidence of non-personal use amounts.''
Section Referred to in Other Sections
This section is referred to in sections 824, 842, 853, 958, 965 of this
title; title 16 section 559d; title 33 section 1415; title 46 App. section 1904.
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