Except as provided in section 5821‑A or 5821‑B, the following are subject to forfeiture to the State and no property right may exist in them if the owner of the following is convicted of a crime in which the following was involved:
1.Scheduled drugs.
All scheduled drugs that have been manufactured, made, created, grown, cultivated, sold, bartered, traded, furnished for consideration, furnished, distributed, dispensed, possessed or otherwise acquired in violation of any law of this State, any other state or of the United States;
2.Materials related to scheduled drugs.
All raw materials, products and equipment of any kind that are used or intended for use in manufacturing, compounding, processing, delivering, cultivating, growing or otherwise creating any scheduled drug in violation of any
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Except as provided in section 5821‑A or 5821‑B, the following are subject to forfeiture to the State and no property right may exist in them if the owner of the following is convicted of a crime in which the following was involved:
1.
Scheduled drugs.
All scheduled drugs that have been manufactured, made, created, grown, cultivated, sold, bartered, traded, furnished for consideration, furnished, distributed, dispensed, possessed or otherwise acquired in violation of any law of this State, any other state or of the United States;
2.
Materials related to scheduled drugs.
All raw materials, products and equipment of any kind that are used or intended for use in manufacturing, compounding, processing, delivering, cultivating, growing or otherwise creating any scheduled drug in violation of any law of this State, any other state or the United States;
3.
Other property.
All property which is used or intended for use as a container for property described in subsection 1 or 2, and all property which is used or intended for use to defend, protect, guard or secure any property or items described in subsection 1 or 2;
3-A.
Firearms and other weapons.
Law enforcement officers may seize all firearms and dangerous weapons that they may find in any lawful search for scheduled drugs in which scheduled drugs are found. Except for weapons declared by a court to be forfeited in accordance with section 5826, subsection 9, if the owner of a seized firearm or dangerous weapon is convicted of a crime in which the firearm or dangerous weapon was involved, after notice and opportunity for hearing the firearm or dangerous weapon must be forfeited to the State by the District Court 90 days after a list of the weapons and drugs seized is filed in the District Court in the district in which the weapons and drugs were seized. A weapon may not be forfeited unless the State satisfies the court, by a preponderance of evidence, that the owner of the firearm or dangerous weapon was convicted of a crime in which the firearm or dangerous weapon was involved.
3-B.
Forfeiture of firearms used in the commission of certain acts.
In addition to the provisions of subsection 3‑A and Title 17‑A, section 1504, this subsection controls the forfeiture of firearms used in the commission of certain acts.
4.
Conveyances.
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, trafficking, furnishing, receipt, possession or concealment of property described in subsection 1 or 2, except that:
4-A.
Conveyances used in violation of litter laws.
All conveyances, including aircraft, watercraft, vehicles, vessels, containers or cranes that are used, or attempted to be used, to dump more than 500 pounds or more than 100 cubic feet of litter in violation of Title 17, section 2264‑A;
5.
Records.
All books, records and research, including formulas, microfilm, tapes and data, which are used or intended for use in violation of Title 17‑A, chapter 45;
6.
Money instruments.
Except as provided in paragraph A, all money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a scheduled drug in violation of Title 17‑A, chapter 45; all proceeds traceable to such an exchange; and all money, negotiable instruments and securities used or intended to be used to facilitate any violation of Title 17‑A, chapter 45.
7.
Real property.
Except as provided in paragraph A, all real property, including any right, title or interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended for use, in any manner or part, to commit or to facilitate the commission of a violation of Title 17‑A, section 1103, 1105‑A, 1105‑B or 1105‑C that is a Class A, Class B or Class C crime, with the exception of offenses involving marijuana.
7-A.
Computers.
Computers, as defined in Title 17‑A, section 431, subsection 2, and computer equipment, including, but not limited to, printers and scanners, that are used or are attempted to be used in violation of Title 17‑A, section 259‑A;
8.
Bona fide lienholders.
9.
Assets in human trafficking offenses.
All assets, including money instruments, personal property and real property, used or intended for use in or traceable to a human trafficking offense as defined in Title 5, section 4701, subsection 1, paragraph C;
10.
Assets in sex trafficking offenses.
All assets, including money instruments, personal property and real property, used or intended for use in or traceable to an aggravated sex trafficking offense as defined in Title 17‑A, section 852 or a sex trafficking offense as defined in Title 17‑A, section 853; and
11.
Assets in criminal forced labor offenses.
All assets, including money instruments, personal property and real property, used or intended for use in or traceable to a criminal forced labor offense as defined in Title 17‑A, section 304 or an aggravated criminal forced labor offense as defined in Title 17‑A, section 305.
A forfeiture under this section of property encumbered by a perfected bona fide security interest is subject to the interest of the secured party if the party neither had knowledge of nor consented to the act or omission upon which the right of forfeiture is based.
Unless in conjunction with a federal criminal case, a law enforcement agency, prosecuting authority, state agency, county or municipality may not enter into an agreement to transfer or refer property seized under this section to a federal agency directly, indirectly, through adoption, through an intergovernmental joint task force or by other means that circumvent the provisions of this section.
PL 1987, c. 420, §2 (NEW). PL 1989, c. 302, §§1-3 (AMD). PL 1989, c. 448, §§1,2 (AMD). PL 1989, c. 820, §1 (AMD). IB 1999, c. 1, §2 (AMD). PL 1999, c. 349, §§1,2 (AMD). PL 2001, c. 348, §2 (AMD). PL 2003, c. 452, §I1 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 688, §B2 (AMD). PL 2007, c. 684, Pt. C, §§1-3 (AMD). PL 2007, c. 684, Pt. H, §1 (AFF). PL 2011, c. 465, §§1-4 (AMD). PL 2011, c. 597, §1 (AMD). PL 2013, c. 194, §§1-4 (AMD). PL 2013, c. 328, §§1, 2 (AMD). PL 2013, c. 588, Pt. A, §19 (AMD). PL 2017, c. 409, Pt. B, §1 (AMD). PL 2019, c. 97, §§1-3 (AMD). PL 2019, c. 113, Pt. C, §52 (AMD). PL 2021, c. 454, §§1-5 (AMD). PL 2023, c. 91, §1 (AMD).