The following are subject to forfeiture:
A. No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article;
B. No conveyance is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the conveyance is a leased or rented conveyance, then the confiscating authority shall notify the owner of the conveyance within five (5) days of the confiscation;
C. A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;
D. A conveyance is not subject to forfeiture for a violation of Section 41-29-139(c)(2)(A)1, 2 or (B)1 or (C)1,2,3;
A. No property shall be forfeited under the provisions of subsection (a)(7) of this section, to the extent of the interest of an owner, by reason of any act or omission established by him to have been committed or omitted without his knowledge or consent.
B. Neither personal property encumbered by a bona fide security interest nor real estate encumbered by a bona fide mortgage, deed of trust, lien or encumbrance shall be forfeited under the provisions of subsection (a)(7) of this section, to the extent of the interest of the secured party or the interest of the mortgagee, holder of a deed of trust, lien or encumbrance by reason of any act or omission established by him to have been committed or omitted without his knowledge or consent.
A. Probable cause to believe that the property was used or intended to be used in violation of this article;
B. The name of the person from whom the property was seized; and
C. A detailed description of the property which is seized, including the value of the property.
Property subject to forfeiture may be seized by the bureau, local law enforcement officers, enforcement officers of the Mississippi Department of Transportation, highway patrolmen, the board, or the State Board of Pharmacy upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if:
The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article;
The bureau, the board, local law enforcement officers, enforcement officers of the Mississippi Department of Transportation, or highway patrolmen, or the State Board of Pharmacy have probable cause to believe that the property is directly or indirectly dangerous to health or safety;
The bureau, local law enforcement officers, enforcement officers of the Mississippi Department of Transportation, highway patrolmen, the board, or the State Board of Pharmacy have probable cause to believe that the property was used or is intended to be used in violation of this article; or
The seizing law enforcement agency obtained a seizure warrant as described in paragraph (f) of this section.
Controlled substances listed in Schedule I of Section 41-29-113 that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in the said Schedule I, which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
Species of plants from which controlled substances in Schedules I and II of Sections 41-29-113 and 41-29-115 may be derived which have been planted or cultivated in violation of this article, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.
The failure, upon demand by the bureau and/or local law enforcement officers, or their authorized agents, or highway patrolmen designated by the bureau, the board, or the State Board of Pharmacy, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(1) When any property is seized under the Uniform Controlled Substances Law, except as otherwise provided in paragraph (3) of this subsection, by a law enforcement agency with the intent to be forfeited, the law enforcement agency that seized the property shall obtain a seizure warrant from the county or circuit court having jurisdiction of such property within seventy-two (72) hours of any seizure, excluding weekends and holidays. Any law enforcement agency that fails to obtain a seizure warrant within seventy-two (72) hours as required by this section shall notify the person from whom the property was seized that it will not be forfeited and shall provide written instructions advising the person how to retrieve the seized property.
A circuit or county judge having jurisdiction of any property other than a controlled substance, raw material or paraphernalia, may issue a seizure warrant upon proper oath or affirmation from a law enforcement agency. The law enforcement agency that is seeking a seizure warrant shall provide the following information to the judge:
This subsection does not apply to seizures performed pursuant to Section 41-29-157 when property is specifically set forth in a search and seizure warrant.
Structure Mississippi Code
Chapter 29 - Poisons, Drugs and Other Controlled Substances
Article 3 - Uniform Controlled Substances Law
§ 41-29-107. Bureau of narcotics; composition; qualifications; dismissal
§ 41-29-109. Cooperation with bureau of narcotics
§ 41-29-110. Bureau of narcotics work program
§ 41-29-112. Special contract agents or investigators
§ 41-29-113. Schedule I of controlled substances
§ 41-29-115. Schedule II of controlled substances
§ 41-29-117. Schedule III of controlled substances
§ 41-29-119. Schedule IV of controlled substances
§ 41-29-121. Schedule V of controlled substances
§ 41-29-122. Exempt chemical preparations and mixtures
§ 41-29-123. Revision and republication of schedules
§ 41-29-127. Registration; factors considered
§ 41-29-129. Revocation and suspension of registration
§ 41-29-133. Records and inventories
§ 41-29-138. Applicability of avoirdupois system of weights
§ 41-29-139. Prohibited acts; penalties
§ 41-29-140. Fines and penalties; violation of Section 41-29-139
§ 41-29-141. Prohibited acts B; penalties
§ 41-29-143. Prohibited acts C; penalties
§ 41-29-145. Distribution to persons under age twenty-one
§ 41-29-147. Second and subsequent offenses
§ 41-29-149. Suspended sentences; eligibility for parole; resentencing
§ 41-29-151. Penalties to be additional; barring of prosecutions
§ 41-29-154. Disposition of seized controlled substances and paraphernalia
§ 41-29-157. Administrative inspection warrants and search warrants
§ 41-29-161. Bonds of bureau officers and employees
§ 41-29-163. Judicial review of final determinations, findings and conclusions
§ 41-29-165. Judicial review of convictions and orders
§ 41-29-167. Cooperative arrangements
§ 41-29-169. Drug abuse education programs
§ 41-29-171. Research programs on misuse and abuse of controlled substances
§ 41-29-173. Effect of Uniform Controlled Substances Law on pending proceedings
§ 41-29-175. Continuation of regulations
§ 41-29-176.1. Prosecution of cases involving seized property
§ 41-29-183. Procedure for disposition of seized property; exclusiveness of remedy
§ 41-29-189. Drug Evidence Disposition Fund created; purpose; sources of funds