A. The following property shall be subject to lawful seizure by any officer charged with enforcing the provisions of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2: (i) all money, medical equipment, office equipment, laboratory equipment, motor vehicles, and all other personal and real property of any kind or character, used in substantial connection with (a) the illegal manufacture, sale or distribution of controlled substances or possession with intent to sell or distribute controlled substances in violation of § 18.2-248, (b) the sale or distribution of marijuana or possession with intent to distribute marijuana in violation of subdivisions (a)(2), (a)(3) and (c) of § 18.2-248.1, or (c) a drug-related offense in violation of § 18.2-474.1; (ii) everything of value furnished, or intended to be furnished, in exchange for a controlled substance in violation of § 18.2-248 or for marijuana in violation of § 18.2-248.1 or for a controlled substance or marijuana in violation of § 18.2-474.1; and (iii) all moneys or other property, real or personal, traceable to such an exchange, together with any interest or profits derived from the investment of such money or other property. Under the provisions of clause (i), real property shall not be subject to lawful seizure unless the minimum prescribed punishment for the violation is a term of not less than five years.
B. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.).
Code 1950, § 18.1-346; 1960, c. 358; 1970, c. 650; 1972, c. 799; 1973, c. 171; 1975, cc. 14, 15, § 18.2-249; 1976, c. 132; 1979, c. 435; 1982, c. 462; 1985, c. 569; 1986, cc. 449, 485; 1988, cc. 575, 753; 1989, cc. 638, 690; 1993, c. 825; 1999, c. 269; 2004, c. 995; 2011, cc. 384, 410; 2014, cc. 674, 719.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 22.2 - Miscellaneous Forfeiture Provisions
§ 19.2-386.15. Seizure of property used in connection with or derived from terrorism
§ 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes
§ 19.2-386.17. Forfeitures for computer crimes
§ 19.2-386.18. Forfeiture of unlawful electronic communication devices
§ 19.2-386.19. Seizure of property used in connection with money laundering
§ 19.2-386.20. Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale
§ 19.2-386.21. Forfeiture of counterfeit and contraband cigarettes
§ 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions
§ 19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia
§ 19.2-386.24. Destruction of seized controlled substances or marijuana prior to trial
§ 19.2-386.26. Seizure and forfeiture of drug paraphernalia
§ 19.2-386.27. Forfeiture of firearms carried in violation of Article 6.1 (§ 18.2-307.1 et seq.)
§ 19.2-386.29. Forfeiture of certain weapons used in commission of criminal offense
§ 19.2-386.32. Seizure and forfeiture of property used in connection with the abduction of children
§ 19.2-386.33. Forfeiture of money, etc., derived from violation of §§ 2.2-3103 through 2.2-3112
§ 19.2-386.34. Forfeiture of vehicle used in a felony violation of § 18.2-266
§ 19.2-386.35. Seizure of property used in connection with certain offenses