KRS § 218A.410 — KY Code / Title XVIII / Chapter 218A / Section 218A.410
218A.410 Property subject to forfeiture
Status: in_force

218A.410 Property subject to forfeiture.

(1) The following are subject to forfeiture:

(a) Controlled substances listed in Schedule I that are possessed, transferred, sold,

or offered for sale in violation of this chapter are contraband and shall be

seized and summarily forfeited to the state;

(b) Controlled substances listed in 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;

(c) 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 chapter,

or of which the owners or cultivators are unknown, or which are wild growths,

may be seized and summarily destroyed or forfeited to the state. The failure,

upon demand by the law enforcement agency or its authorized agent, 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 or she is the holder thereof, constitutes authority for the

seizure and forfeiture of the plants;

(d) All substances, machinery, or devices used for the manufacture, packaging,

repackaging, or marking, and books, papers, and records, and all vehicles

owned and used by the seller or distributor for the manufacture, distribution,

sale, or transfer of substances in violation of KRS 218A.350 shall be seized

and forfeited to the state. Substances manufactured, held, or distributed in

violation of KRS 218A.350 shall be deemed contraband;

(e) All controlled substances which have been manufactured, distributed,

dispensed, possessed, being held, or acquired in violation of this chapter;

(f) 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 this chapter;

(g) All property which is used, or intended for use, as a container for property

described in paragraph (e) or (f) of this subsection;

(h) All conveyances, including aircraft, vehicles, or vessels, which are used, or

intended for use, to transport, or in any manner to facilitate the transportation,

for the purpose of sale or receipt of property described in paragraph (e) or (f)

of this subsection, but:

1. 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 is proven beyond a reasonable doubt that the owner

or other person in charge of the conveyance is a consenting party or

privy to a violation of this chapter;

2. No conveyance is subject to forfeiture under this section by reason of

any act or omission established by the owner thereof to have been

committed or omitted without his or her knowledge or consent;

3. A forfeiture of a conveyance encumbered by a bona fide security interest

is subject to the interest of the secured party if he or she neither had

knowledge of nor consented to the act or omission; and

4. The forfeiture provisions of this paragraph shall not apply to any

misdemeanor offense relating to marijuana or salvia;

(i) All books, records, and research products and materials, including formulas,

microfilm, tapes, and data which are used, or intended for use, in violation of

this chapter;

(j) Everything of value furnished, or intended to be furnished, in exchange for a

controlled substance in violation of this chapter, all proceeds, including real

and personal property, traceable to the exchange, and all moneys, negotiable

instruments, and securities used, or intended to be used, to facilitate any

violation of this chapter; except that no property shall be forfeited under this

paragraph, to the extent of the interest of an owner, by reason of any act or

omission established by him or her to have been committed or omitted

without his or her knowledge or consent. It shall be a rebuttable presumption

that all moneys, coin, and currency found in close proximity to controlled

substances, to drug manufacturing or distributing paraphernalia, or to records

of the importation, manufacture, or distribution of controlled substances, are

presumed to be forfeitable under this paragraph. The burden of proof shall be

upon claimants of personal property to rebut this presumption by clear and

convincing evidence. The burden of proof shall be upon the law enforcement

agency to prove by clear and convincing evidence that real property is

forfeitable under this paragraph; and

(k) All real property, including any right, title, and interest in the whole of any lot

or tract of land and any appurtenances or improvements, which is used or

intended to be used, in any manner or part, to commit, or to facilitate the

commission of, a violation of this chapter excluding any misdemeanor offense

relating to marijuana, synthetic drugs, or salvia, except that property shall be

forfeited under this paragraph, to the extent of an interest of an owner, by

reason of any act or omission established by the Commonwealth to have been

committed or omitted with the knowledge or consent of the owner.

(2) Title to all property, including all interests in the property, forfeit under this section

vests in the Commonwealth on the commission of the act or omission giving rise to

forfeiture under this section together with the proceeds of the property after the

time. Any property or proceeds subsequently transferred to any person shall be

subject to forfeiture and thereafter shall be ordered forfeited, unless the transferee

establishes in the forfeiture proceeding that he or she is a subsequent bona fide

purchaser for value without actual or constructive notice of the act or omission

giving rise to the forfeiture.

(3) If any of the property described in this section cannot be located; has been

transferred to, sold to, or deposited with a third party; has been placed beyond the

jurisdiction of the court; has been substantially diminished in value by any act or

omission of the defendant; or, has been commingled with any property which

cannot be divided without difficulty, the court shall order the forfeiture of any other

property of the defendant up to the value of any property subject to forfeiture under

this section.