§ 12-201

Maryland § 12-201

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 12

Text

(a) A Schedule I substance listed in § 5–402 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 § 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.

(c) The Maryland Department of Health may seize and subject a plant to forfeiture if the person that occupies or controls the place where the plant is growing or being stored fails, on demand from the Maryland Department of Health, to produce an appropriate registration or proof that the person is the holder of a registration.