Guam § 67 - 1. Items Subject to Forfeiture for Violation of this Act.

§ 67. 1. Items Subject to Forfeiture for Violation of this Act.

(a) The following shall be subject to forfeiture and no property right shall exist in them:

(1) all controlled substances which have been or are intended to be manufactured, distributed,

dispensed, acquired or held in violation of the provisions of this Act;

(2) all raw materials, products and equipment of any kind which are used, or intended for use, in

manufacturing, compounding, processing, delivering, importing or exporting any controlled substance

in violation of the provisions of this Act;

(3) all property which is used, or intended for use, as a container for property described in

Paragraphs (1) and (2);

(4) all conveyances including aircraft, vehicles or vessels, which are used, or intended for use, to

transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of

property described in Paragraphs (1) or (2), except that:

(A) no conveyance used by any person as a common carrier in the transaction of business as

a common carrier shall be forfeited under the provisions of this Act, unless it shall appear that the

owner or other person in charge of such conveyance was a consenting party or privy to a violation

of this Act; and

(B) no conveyance shall be forfeited under the provisions of this Section by reason of any

act or omission established by the owner thereof to have been committed or omitted without his

knowledge or consent;

(C) a conveyance is not subject to forfeiture for a violation of § 67.401.2; and

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(D) a forfeiture of a conveyance encumbered by a bona fide security interest of the secured

party if he neither had knowledge of nor 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 of this Act;

(6) all moneys, negotiable instruments, securities or other things of value furnished or intended

to be furnished by any person in exchange for a controlled substance in violation of this Act, all

proceeds traceable to such an exchange, and all moneys, negotiable instruments, securities used or

intended to be used to facilitate any violation of this Act, shall be forfeited to the criminal justice

agency making the seizure; and

(7) all firearms which are visible, carried during or used in furtherance of a violation of this Act.

(b) Any property subject to forfeiture under this Act may be seized by GPD upon process issued by

the Superior Court, except that seizure without such process may be made when:

(1) the seizure is incident to an arrest or a search under a search warrant or an inspection under

an administrative inspection warrant;

(2) the property subject to seizure has been the subject of a prior judgment in a criminal injunction

or forfeiture proceeding based upon this Act;

(3) GPD or DPHSS has probable cause to believe that the property is directly or indirectly

dangerous to health or safety; or

(4) GPD or DPHSS has probable cause to believe that the property has been use or intended to be

used in violation of this Act.

In the event of seizure pursuant to this Subsection, proceedings under Subsection (c) shall be instituted

promptly.

(c) Property taken or detained under this Section shall not be repleviable; but shall be deemed to be in

the custody of the GPD or DPHSS only to the orders and decrees of the Court. Whenever property is seized

under the provisions of this Act, GPD or DPHSS may:

(1) place the property under seal; or

(2) remove the property to a place designated by him.

(d) Whenever property is forfeited under this Act, GPD may:

(1) retain the property for official use;

(2) sell any forfeited property which is not required to be destroyed by law and which is not

harmful to the public; all proceeds shall be deposited into the Special Assets Forfeiture Fund, under

the Local Assets Forfeiture Account;

(3) require the property to be taken into custody and removed for disposition in accordance with

law; or

(4) forward it to the DEA for disposition; such disposition may include delivery for medical or

scientific use to any Federal or state agency under regulations of the Attorney General of the United

States.

(e) All substances listed in Schedule I that are possessed, transferred, sold or offered for sale in

violation of the provisions of this Act shall be deemed contraband and seized and summarily forfeited to

the government of Guam. Similarly, all substances listed in Schedule I which are seized or come into the

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possession of the government of Guam, the owners of which are unknown, shall be deemed contraband and

summarily forfeited to the government of Guam:

(1) All species of plants from which controlled substances in Schedules I and II may be derived

which have been planted or cultivated in violation of this Act, or of which the owners or cultivators

are unknown, of which are wild growths, may be seized and summarily forfeited to the government of

Guam.

(2) The failure, upon demand by GPD of the person in occupancy or in control of land or premises

upon which such species of plants are growing or being stored, to produce an appropriate registration,

or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture.