Title 21 United States Code – Food and Drugs 

Chapter 13 - Drug Abuse Prevention and Control 

Subchapter I – Control and Enforcement 

Part E – Administrative and Enforcement Provisions 

Section 881 - Forfeitures 

(a) Subject property 

 The following shall be subject to forfeiture to the United States and no property right 

shall exist in them: 

 (1) All controlled substances which have been manufactured, distributed, dispensed, 

or acquired in violation of this subchapter. 

 (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 or listed chemical in violation of this subchapter. 

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

described in paragraph (1), (2), or (9). 

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

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

receipt, possession, or concealment of property described in paragraph (1), (2), or (9) 

 (5) All books, records, and research, including formulas, microfilm, tapes, and data 

which are used, or intended for use, in violation of this subchapter. 

 (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 or listed 

chemical in violation of this subchapter, all proceeds traceable to such an exchange, 

and all moneys, negotiable instruments, and securities used or intended to be used to 

facilitate any violation of this subchapter. 

 (7) All real property, including any right, title, and interest (including any leasehold 

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 subchapter punishable by more than one year's 

imprisonment. 

 (8) All controlled substances which have been possessed in violation of this 

subchapter. 

 (9) All listed chemicals, all drug manufacturing equipment, all tableting machines, all 

encapsulating machines, and all gelatin capsules, which have been imported, exported, 

manufactured, possessed, distributed, dispensed, acquired, or intended to be 
distributed, dispensed, acquired, imported, or exported, in violation of this subchapter or 

subchapter II of this chapter. 

 (10) Any drug paraphernalia (as defined in section 1822 of the Mail Order Drug 

Paraphernalia Control Act). 

 (11) Any firearm (as defined in section 921 of Title 18) used or intended to be used to 

facilitate the transportation, sale, receipt, possession, or concealment of property 

described in paragraph (1) or (2) and any proceeds traceable to such property. 

(b) SEIZURE PROCEDURES- Any property subject to forfeiture to the United States 

under this section may be seized by the Attorney General in the manner set forth in 

section 981(b) of title 18, United States Code. 

(c) Custody of Attorney General 

 Property taken or detained under this section shall not be repleviable, but shall be 

deemed to be in the custody of the Attorney General, subject only to the orders and 

decrees of the court or the official having jurisdiction thereof. Whenever property is 

seized under any of the provisions of this subchapter, the Attorney General may-- 

 (1) place the property under seal; 

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

 (3) require that the General Services Administration take custody of the property and 

remove it, if practicable, to an appropriate location for disposition in accordance with 

law. 

(d) Other laws and proceedings applicable 

 The provisions of law relating to the seizure, summary and judicial forfeiture, and 

condemnation of property for violation of the customs laws; the disposition of such 

property or the proceeds from the sale thereof; the remission or mitigation of such 

forfeitures; and the compromise of claims shall apply to seizures and forfeitures 

incurred, or alleged to have been incurred, under any of the provisions of this 

subchapter, insofar as applicable and not inconsistent with the provisions hereof; 

except that such duties as are imposed upon the customs officer or any other person 

with respect to the seizure and forfeiture of property under the customs laws shall be 

performed with respect to seizures and forfeitures of property under this subchapter by 

such officers, agents, or other persons as may be authorized or designated for that 

purpose by the Attorney General, except to the extent that such duties arise from 

seizures and forfeitures effected by any customs officer. 

(e) Disposition of forfeited property 
 (1) Whenever property is civilly or criminally forfeited under this subchapter the 

Attorney General may-- 

 (A) retain the property for official use or, in the manner provided with respect to 

transfers under section 1616a of Title 19, transfer the property to any Federal agency or 

to any State or local law enforcement agency which participated directly in the seizure 

or forfeiture of the property; 

 (B) except as provided in paragraph (4), sell, by public sale or any other commercially 

feasible means, any forfeited property which is not required to be destroyed by law and 

which is not harmful to the public; 

 (C) require that the General Services Administration take custody of the property and 

dispose of it in accordance with law; 

 (D) forward it to the Drug Enforcement Administration for disposition (including 

delivery for medical or scientific use to any Federal or State agency under regulations of 

the Attorney General); or 

 (E) transfer the forfeited personal property or the proceeds of the sale of any forfeited 

personal or real property to any foreign country which participated directly or indirectly in 

the seizure or forfeiture of the property, if such a transfer-- 

 (i) has been agreed to by the Secretary of State; 

 (ii) is authorized in an international agreement between the United States and the 

foreign country; and 

 (iii) is made to a country which, if applicable, has been certified under section 2291j(b) 

of Title 22. 

 (2)(A) The proceeds from any sale under subparagraph (B) of paragraph (1) and any 

moneys forfeited under this title shall be used to pay-- 

 (i) all property expenses of the proceedings for forfeiture and sale including expenses 

of seizure, maintenance of custody, advertising, and court costs; and 

 (ii) awards of up to $100,000 to any individual who provides original information which 

leads to the arrest and conviction of a person who kills or kidnaps a Federal drug law 

enforcement agent. 

Any award paid for information concerning the killing or kidnapping of a Federal drug 

law enforcement agent, as provided in clause (ii), shall be paid at the discretion of the 

Attorney General. 
(B) The Attorney General shall forward to the Treasurer of the United States for deposit 

in accordance with section 524(c) of Title 28, any amounts of such moneys and 

proceeds remaining after payment of the expenses provided in subparagraph (A), 

except that, with respect to forfeitures conducted by the Postal Service, the Postal 

Service shall deposit in the Postal Service Fund, under section 2003(b)(7) of Title 39, 

such moneys and proceeds. 

(3) The Attorney General shall assure that any property transferred to a State or local 

law enforcement agency under paragraph (1)(A)-- 

 (A) has a value that bears a reasonable relationship to the degree of direct 

participation of the State or local agency in the law enforcement effort resulting in the 

forfeiture, taking into account the total value of all property forfeited and the total law 

enforcement effort with respect to the violation of law on which the forfeiture is based; 

and 

 (B) will serve to encourage further cooperation between the recipient State or local 

agency and Federal law enforcement agencies. 

 (4)(A) With respect to real property described in subparagraph (B), if the chief 

executive officer of the State involved submits to the Attorney General a request for 

purposes of such subparagraph, the authority established in such subparagraph is in 

lieu of the authority established in paragraph (1)(B). 

 (B) In the case of property described in paragraph (1)(B) that is civilly or criminally 

forfeited under this subchapter, if the property is real property that is appropriate for use 

as a public area reserved for recreational or historic purposes or for the preservation of 

natural conditions, the Attorney General, upon the request of the chief executive officer 

of the State in which the property is located, may transfer title to the property to the 

State, either without charge or for a nominal charge, through a legal instrument 

providing that-- 

 (i) such use will be the principal use of the property; and 

 (ii) title to the property reverts to the United States in the event that the property is 

used otherwise. 

(f) Forfeiture and destruction of schedule I and II substances 
 (1) All controlled substances in schedule I or II that are possessed, transferred, 

sold, or offered for sale in violation of the provisions of this subchapter; all 

dangerous, toxic, or hazardous raw materials or products subject to forfeiture 

under subsection (a)(2) of this section; and any equipment or container subject 

to forfeiture under subsection (a)(2) or (3) of this section which cannot be 

separated safely from such raw materials or products shall be deemed 

contraband and seized and summarily forfeited to the United States. Similarly, 

all substances in schedule I or II, which are seized or come into the possession 

of the United States, the owners of which are unknown, shall be deemed 

contraband and summarily forfeited to the United States. 

 (2) The Attorney General may direct the destruction of all controlled substances 

in schedule I or II seized for violation of this subchapter; all dangerous, toxic, or 

hazardous raw materials or products subject to forfeiture under subsection (a)(2) 

of this section; and any equipment or container subject to forfeiture under 

subsection (a)(2) or (3) of this section which cannot be separated safely from 

such raw materials or products under such circumstances as the Attorney 

General may deem necessary. 

(g) Plants 

 (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 

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

growths, may be seized and summarily forfeited to the United States. 

 (2) The failure, upon demand by the Attorney General or his duly authorized 

agent, 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. 

 (3) The Attorney General, or his duly authorized agent, shall have authority to 

enter upon any lands, or into any dwelling pursuant to a search warrant, to cut, 

harvest, carry off, or destroy such plants. 

(h) Vesting of title in United States 

 All right, title, and interest in property described in subsection (a) of this section 

shall vest in the United States upon commission of the act giving rise to forfeiture 

under this section. 

(i) The provisions of section 981(g) of title 18, United States Code, regarding the 

stay of a civil forfeiture proceeding shall apply to forfeitures under this section.
(j) Venue 

 In addition to the venue provided for in section 1395 of Title 28 or any other 

provision of law, in the case of property of a defendant charged with a violation 

that is the basis for forfeiture of the property under this section, a proceeding for 

forfeiture under this section may be brought in the judicial district in which the 

defendant owning such property is found or in the judicial district in which the 

criminal prosecution is brought. 

(l) Agreement between Attorney General and Postal Service for performance of 

functions 

 The functions of the Attorney General under this section shall be carried out by 

the Postal Service pursuant to such agreement as may be entered into between 

the Attorney General and the Postal Service.