§ 90-112. Forfeitures. - North Carolina Statutes

§ 90‑112. Forfeitures.

(a)        The following shall be subject to forfeiture:

(1)        All controlled substances which have been manufactured,distributed, dispensed, or acquired in violation of the provisions of thisArticle;

(2)        All money, raw material, products, and equipment of any kindwhich are acquired, used, or intended for use, in selling, purchasing,manufacturing, compounding, processing, delivering, importing, or exporting acontrolled substance in violation of the provisions of this Article;

(3)        All property which is used, or intended for use, as acontainer for property described in subdivisions (1) and (2);

(4)        All conveyances, including vehicles, vessels, or aircraft,which are used or intended for use to unlawfully conceal, convey, or transport,or in any manner to facilitate the unlawful concealment, conveyance, ortransportation of property described in (1) or (2), except that

a.         No conveyance used by any person as a common carrier in thetransaction of business as a common carrier shall be forfeited under theprovisions of this Article unless it shall appear that the owner or otherperson in charge of such conveyance was a consenting party or privy to aviolation of this Article;

b.         No conveyance shall be forfeited under the provisions ofthis section by reason of any act or omission, committed or omitted while suchconveyance was unlawfully in the possession of a person other than the owner inviolation of the criminal laws of the United States, or of any state;

c.         No conveyance shall be forfeited unless the violationinvolved is a felony under this Article;

d.         A forfeiture of a conveyance encumbered by a bona fidesecurity interest is subject to the interest of the secured party who had noknowledge of or consented to the act or omission.

(5)        All books, records, and research, including formulas,microfilm, tapes, and data which are used, or intended for use, in violation ofthis Article.

(b)        Any property subject to forfeiture under this Article may beseized by any law‑enforcement officer upon process issued by any districtor superior court having jurisdiction over the property except that seizurewithout such process may be made when:

(1)        The seizure is incident to an arrest or a search under asearch warrant;

(2)        The property subject to seizure has been the subject of aprior judgment in favor of the State in a criminal injunction or forfeitureproceeding under this Article.

(c)        Property taken or detained under this section shall not berepleviable, but shall be deemed to be in custody of the law‑enforcementagency seizing it, which may:

(1)        Place the property under seal; or,

(2)        Remove the property to a place designated by it; or,

(3)        Request that the North Carolina Department of Justice takecustody of the property and remove it to an appropriate location fordisposition in accordance with law.

Anyproperty seized by a State, local, or county law enforcement officer shall beheld in safekeeping as provided in this subsection until an order ofdisposition is properly entered by the judge.

(d)        Whenever property is forfeited under this Article, the law‑enforcementagency having custody of it may:

(1)        Retain the property for official use; or

(2)        Sell any forfeited property which is not required to bedestroyed by law and which is not harmful to the public, provided that theproceeds be disposed of for payment of all proper expenses of the proceedingsfor forfeiture and sale including expense of seizure, maintenance of custody,advertising, and court costs; or

(3)        Transfer any conveyance including vehicles, vessels, oraircraft which are forfeited under the provisions of this Article to the NorthCarolina Department of Justice when, in the discretion of the presiding judgeand upon application of the North Carolina Department of Justice, saidconveyance may be of official use to the North Carolina Department of Justice;

(4)        Upon determination by the director of any law‑enforcementagency that a vehicle, vessel or aircraft transferred pursuant to theprovisions of this Article is of no further use to said agency for use inofficial investigations, such vehicle, vessel or aircraft may be sold assurplus property in the same manner as other vehicles owned by the law‑enforcementagency and the proceeds from such sale after deducting the cost of sale shallbe paid to the treasurer or proper officer authorized to receive fines andforfeitures to be used for the school fund of the county in the county in whichsaid vehicle, vessel or aircraft was seized; provided, that any vehicletransferred to any law‑enforcement agency under the provisions of thisArticle which has been modified to increase speed shall be used in theperformance of official duties only and not for resale, transfer or dispositionother than as junk.

(d1)      Notwithstanding the provisions of subsection (d), the law‑enforcementagency having custody of money that is forfeited pursuant to this section shallpay it to the treasurer or proper officer authorized to receive fines andforfeitures to be used for the school fund of the county in which the money wasseized.

(e)        All substances included in Schedules I through VI that arepossessed, transferred, sold, or offered for sale in violation of theprovisions of this Article shall be deemed contraband and seized and summarilyforfeited to the State. All substances included in Schedules I through VI ofthis Article which are seized or come into the possession of the State, theowners of which are unknown, shall be deemed contraband and summarily forfeitedto the State according to rules and regulations of the North CarolinaDepartment of Justice.

All species of plants from which controlled substances included inSchedules I, II and VI of this Article may be derived, which have been plantedor cultivated in violation of this Article, or of which the owners or cultivatorsare unknown, or which are wild growths, may be seized and summarily forfeitedto the State.

The failure, upon demand by the Attorney General of North Carolina, orhis duly authorized agent, of the person in occupancy or in control of land orpremises upon which such species of plants are growing or being stored, toproduce an appropriate registration, or proof that he is the holder thereof,shall constitute authority for the seizure and forfeiture.

(f)         All other property subject to forfeiture under theprovisions of this Article shall be forfeited as in the case of conveyancesused to conceal, convey, or transport intoxicating beverages. (1971, c. 919, s. 1; 1973, cc. 447, 542; c. 1446, s.6; 1983, c. 528, ss. 1‑3; 1989, c. 772, s. 4.)