21 U.S.C. § 881 — Forfeitures

Page 882 TITLE 21—FOOD AND DRUGS § 881 minister, or otherwise dispose of controlled sub- stances.’’ Subsec. (b)(3)(B). Pub. L. 103–200, § 6(2)(A), inserted ‘‘, listed chemicals,’’ after ‘‘unfinished drugs’’. Subsec. (b)(3)(C). Pub. L. 103–200, § 6(2)(B), inserted ‘‘or listed chemical’’ after ‘‘controlled substance’’ and ‘‘or chemical’’ after ‘‘such substance’’. 1990—Subsec. (b)(3)(B). Pub. L. 101–647 substituted ‘‘paragraph (4)’’ for ‘‘paragraph (5)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ and ‘‘magistrate judge’’ substituted for ‘‘United States magistrate’’ and ‘‘magistrate’’, respectively, wherever appearing in sub- sec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103–200, set out as a note under section 802 of this title. § 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 equip- ment of any kind which are used, or intended for use, in manufacturing, compounding, proc- essing, delivering, importing, or exporting any controlled substance or listed chemical in vio- lation 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, vehi- cles, or vessels, which are used, or are in- tended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property de- scribed in paragraph (1), (2), or (9). (5) All books, records, and research, includ- ing formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this subchapter. (6) All moneys, negotiable instruments, se- curities, or other things of value furnished or intended to be furnished by any person in ex- change 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 secu- rities 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 in- terest) 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 imprison- ment. (8) All controlled substances which have been possessed in violation of this subchapter. (9) All listed chemicals, all drug manufac- turing equipment, all tableting machines, all encapsulating machines, and all gelatin cap- sules, which have been imported, exported, manufactured, possessed, distributed, dis- pensed, acquired, or intended to be distrib- uted, dispensed, acquired, imported, or ex- ported, in violation of this subchapter or sub- chapter II. (10) Any drug paraphernalia (as defined in section 863 of this title). (11) Any firearm (as defined in section 921 of title 18) used or intended to be used to facili- tate the transportation, sale, receipt, posses- sion, 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. (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, sub- ject only to the orders and decrees of the court or the official having jurisdiction thereof. When- ever property is seized under any of the provi- sions of this subchapter, the Attorney General may— (1) place the property under seal; (2) remove the property to a place des- ignated by him; or (3) require that the General Services Admin- istration take custody of the property and re- move it, if practicable, to an appropriate loca- tion 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 condemna- tion of property for violation of the customs laws; the disposition of such property or the pro- ceeds from the sale thereof; the remission or mitigation of such forfeitures; and the com- promise of claims shall apply to seizures and forfeitures incurred, or alleged to have been in- curred, under any of the provisions of this sub- chapter, insofar as applicable and not incon- sistent with the provisions hereof; except that such duties as are imposed upon the customs of- ficer or any other person with respect to the sei- zure and forfeiture of property under the cus- toms 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 Page 883 TITLE 21—FOOD AND DRUGS § 881 State or local law enforcement agency which participated directly in the seizure or for- feiture of the property; (B) except as provided in paragraph (4), sell, by public sale or any other commercially fea- sible 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 Admin- istration take custody of the property and dis- pose of it in accordance with law; (D) forward it to the Bureau of Narcotics and Dangerous Drugs for disposition (including de- livery for medical or scientific use to any Fed- eral 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 per- sonal 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 agree- ment between the United States and the for- eign country; and (iii) is made to a country which, if applica- ble, has been certified under section 2291j(b) of title 22. (2)(A) The proceeds from any sale under sub- paragraph (B) of paragraph (1) and any moneys forfeited under this subchapter 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 enforce- ment agent. Any award paid for information concerning the killing or kidnapping of a Federal drug law en- forcement agent, as provided in clause (ii), shall be paid at the discretion of the Attorney Gen- eral. (B) The Attorney General shall forward to the Treasurer of the United States for deposit in ac- cordance with section 524(c) of title 28, any amounts of such moneys and proceeds remaining after payment of the expenses provided in sub- paragraph (A), except that, with respect to for- feitures conducted by the Postal Service, the Postal Service shall deposit in the Postal Serv- ice 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 en- forcement agency under paragraph (1)(A)— (A) has a value that bears a reasonable rela- tionship to the degree of direct participation of the State or local agency in the law en- forcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law enforce- ment effort with respect to the violation of law on which the forfeiture is based; and (B) will serve to encourage further coopera- tion between the recipient State or local agen- cy and Federal law enforcement agencies. (4)(A) With respect to real property described in subparagraph (B), if the chief executive offi- cer of the State involved submits to the Attor- ney General a request for purposes of such sub- paragraph, the authority established in such subparagraph is in lieu of the authority estab- lished in paragraph (1)(B). (B) In the case of property described in para- graph (1)(B) that is civilly or criminally for- feited 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 con- ditions, 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 sub- chapter; all dangerous, toxic, or hazardous raw materials or products subject to forfeiture under subsection (a)(2) of this section; and any equip- ment or container subject to forfeiture under subsection (a)(2) or (3) which cannot be sepa- rated safely from such raw materials or prod- ucts shall be deemed contraband and seized and summarily forfeited to the United States. Simi- larly, all substances in schedule I or II, which are seized or come into the possession of the United States, the owners of which are un- known, shall be deemed contraband and sum- marily forfeited to the United States. (2) The Attorney General may direct the de- struction of all controlled substances in sched- ule I or II seized for violation of this subchapter; all dangerous, toxic, or hazardous raw materials or products subject to forfeiture under sub- section (a)(2) of this section; and any equipment or container subject to forfeiture under sub- section (a)(2) or (3) which cannot be separated safely from such raw materials or products under such circumstances as the Attorney Gen- eral 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 viola- tion 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 per- son in occupancy or in control of land or prem- ises upon which such species of plants are grow- ing or being stored, to produce an appropriate registration, or proof that he is the holder there- of, shall constitute authority for the seizure and forfeiture. (3) The Attorney General, or his duly author- ized agent, shall have authority to enter upon Page 884 TITLE 21—FOOD AND DRUGS § 881 1 So in original. No subsec. (k) has been enacted. any lands, or into any dwelling pursuant to a search warrant, to cut, harvest, carry off, or de- stroy such plants. (h) Vesting of title in United States All right, title, and interest in property de- scribed in subsection (a) shall vest in the United States upon commission of the act giving rise to forfeiture under this section. (i) Stay of civil forfeiture proceedings The provisions of section 981(g) of title 18 re- garding the stay of a civil forfeiture proceeding shall apply to forfeitures under this section. (j) Venue In addition to the venue provided for in sec- tion 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) 1 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. (Pub. L. 91–513, title II, § 511, Oct. 27, 1970, 84 Stat. 1276; Pub. L. 95–633, title III, § 301(a), Nov. 10, 1978, 92 Stat. 3777; Pub. L. 96–132, § 14, Nov. 30, 1979, 93 Stat. 1048; Pub. L. 98–473, title II, §§ 306, 309, 518, Oct. 12, 1984, 98 Stat. 2050, 2051, 2075; Pub. L. 99–570, title I, §§ 1006(c), 1865, 1992, Oct. 27, 1986, 100 Stat. 3207–7, 3207–54, 3207–59; Pub. L. 99–646, § 74, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100–690, title V, § 5105, title VI, §§ 6059, 6074, 6075, 6077(a), (b), 6253, Nov. 18, 1988, 102 Stat. 4301, 4319, 4323–4325, 4363; Pub. L. 101–189, div. A, title XII, § 1215(a), Nov. 29, 1989, 103 Stat. 1569; Pub. L. 101–647, title XX, §§ 2003, 2004, 2007, 2008, Nov. 29, 1990, 104 Stat. 4855, 4856; Pub. L. 102–239, § 2, Dec. 17, 1991, 105 Stat. 1912; Pub. L. 103–447, title I, § 102(d), Nov. 2, 1994, 108 Stat. 4693; Pub. L. 104–237, title II, § 201(b), Oct. 3, 1996, 110 Stat. 3101; Pub. L. 106–185, §§ 2(c)(2), 5(b), 8(b), Apr. 25, 2000, 114 Stat. 210, 214, 216; Pub. L. 107–273, div. B, title IV, § 4002(e)(3), Nov. 2, 2002, 116 Stat. 1810.) Editorial Notes REFERENCES IN TEXT Subchapter II, referred to in subsec. (a)(9), was in the original ‘‘title III’’, meaning title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises subchapter II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of title III, see Ta- bles. Schedules I and II, referred to in subsecs. (f) and (g), are set out in section 812(c) of this title. AMENDMENTS 2002—Subsec. (a)(10). Pub. L. 107–273 substituted ‘‘sec- tion 863 of this title’’ for ‘‘section 1822 of the Mail Order Drug Paraphernalia Control Act’’. 2000—Subsec. (a)(4). Pub. L. 106–185, § 2(c)(2), struck out before period at end ‘‘, except that— ‘‘(A) no conveyance used by any person as a com- mon carrier in the transaction of business as a com- mon carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such conveyance was a con- senting party or privy to a violation of this sub- chapter or subchapter II of this chapter; ‘‘(B) no conveyance shall be forfeited under the pro- visions of this section by reason of any act or omis- sion established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in viola- tion of the criminal laws of the United States, or of any State; and ‘‘(C) no conveyance shall be forfeited under this paragraph to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner’’. Subsec. (a)(6). Pub. L. 106–185, § 2(c)(2), struck out be- fore period at end ‘‘, except that no property shall be forfeited under this paragraph, to the extent of the in- terest of an owner, by reason of any act or omission es- tablished by that owner to have been committed or omitted without the knowledge or consent of that owner’’. Subsec. (a)(7). Pub. L. 106–185, § 2(c)(2), struck out be- fore period at end ‘‘, except that no property shall be forfeited under this paragraph, to the extent of an in- terest of an owner, by reason of any act or omission es- tablished by that owner to have been committed or omitted without the knowledge or consent of that owner’’. Subsec. (b). Pub. L. 106–185, § 5(b), inserted heading and amended text of subsec. (b) generally. Prior to amendment, subsec. (b) authorized the Attorney Gen- eral to seize property under this subchapter upon proc- ess issued pursuant to the Supplemental Rules for Cer- tain Admirality and Maritime claims and to seize it without process in certain described circumstances. Subsec. (i). Pub. L. 106–185, § 8(b), inserted heading and amended text of subsec. (i) generally. Prior to amendment, text read as follows: ‘‘The filing of an in- dictment or information alleging a violation of this subchapter or subchapter II of this chapter, or a viola- tion of State or local law that could have been charged under this subchapter or subchapter II of this chapter, which is also related to a civil forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the civil for- feiture proceeding.’’ 1996—Subsec. (a)(2), (6). Pub. L. 104–237, § 201(b)(1), in- serted ‘‘or listed chemical’’ after ‘‘controlled sub- stance’’. Subsec. (a)(9). Pub. L. 104–237, § 201(b)(2), substituted ‘‘possessed, distributed, dispensed, acquired, or in- tended to be distributed, dispensed, acquired,’’ for ‘‘pos- sessed, distributed, or intended to be distributed,’’ and struck out ‘‘a felony provision of’’ after ‘‘in violation of’’. 1994—Subsec. (e)(1)(E)(iii). Pub. L. 103–447 substituted ‘‘section 2291j(b) of title 22’’ for ‘‘section 2291(h) of title 22’’. 1991—Subsec. (e)(1)(B). Pub. L. 102–239, § 2(1), sub- stituted ‘‘except as provided in paragraph (4), sell’’ for ‘‘sell’’. Subsec. (e)(4). Pub. L. 102–239, § 2(2), added par. (4). 1990—Subsec. (a)(10). Pub. L. 101–647, § 2007, added par. (10). Subsec. (a)(11). Pub. L. 101–647, § 2008, added par. (11). Subsec. (e)(1)(B). Pub. L. 101–647, § 2003, inserted ‘‘, by public sale or any other commercially feasible means,’’ after ‘‘sell’’. Subsec. (f). Pub. L. 101–647, § 2004, inserted ‘‘; all dan- gerous, toxic, or hazardous raw materials or products subject to forfeiture under subsection (a)(2) of this sec- Page 885 TITLE 21—FOOD AND DRUGS § 881 tion; and any equipment or container subject to for- feiture under subsection (a)(2) or (3) which cannot be separated safely from such raw materials or products’’ after ‘‘this subchapter’’ in pars. (1) and (2). 1989—Subsec. (e)(3)(B). Pub. L. 101–189 amended sub- par. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘is not so transferred to circumvent any requirement of State law that prohibits forfeiture or limits use or disposition of property forfeited to State or local agencies.’’ 1988—Subsec. (a)(3). Pub. L. 100–690, § 6059(b), inserted reference to par. (9). Subsec. (a)(4). Pub. L. 100–690, §§ 6059(b), 6075, inserted in introductory provisions reference to par. (9) and added subpar. (C). Subsec. (a)(7). Pub. L. 100–690, § 5105, inserted ‘‘(in- cluding any leasehold interest)’’ after ‘‘interest’’. Subsec. (a)(9). Pub. L. 100–690, § 6059(a), added par. (9). Subsec. (e)(1)(A). Pub. L. 100–690, § 6077(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘retain the property for official use or transfer the custody or ownership of any forfeited prop- erty to any Federal, State, or local agency pursuant to section 1616a of title 19;’’. Subsec. (e)(1)(E). Pub. L. 100–690, § 6074, added subpar. (E). Subsec. (e)(2)(B). Pub. L. 100–690, § 6253(b), provided for deposit of moneys and proceeds in Postal Service Fund in cases of forfeitures conducted by Postal Service. Subsec. (e)(3). Pub. L. 100–690, § 6077(a), added par. (3). Subsec. (l). Pub. L. 100–690, § 6253(a), added subsec. (l). 1986—Subsec. (b). Pub. L. 99–570, § 1865(1)–(3), and Pub. L. 99–646, § 74(1)–(3), in making identical amendments in introductory provision and par. (4), struck out ‘‘or criminal’’ after ‘‘subject to civil’’ and inserted para- graph permitting the Government to request issuance of a warrant authorizing seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. Subsec. (e). Pub. L. 99–570, § 1992, designated existing provisions as par. (1) and former pars. (1) to (4) as sub- pars. (A) to (D), respectively, and added par. (2) in lieu of former concluding provisions which read as follows: ‘‘The Attorney General shall ensure the equitable transfer pursuant to paragraph (1) of any forfeited property to the appropriate State or local law enforce- ment agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such prop- erty. A decision by the Attorney General pursuant to paragraph (1) shall not be subject to review. The pro- ceeds from any sale under paragraph (2) and any mon- eys forfeited under this subchapter shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of cus- tody, advertising, and court costs. The Attorney Gen- eral 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 such expenses.’’ Subsec. (f). Pub. L. 99–570, § 1006(c), which directed the amendment of section 511 of the ‘‘Comprehensive Drug Abuse Prevention Act of 1978’’ was executed to this sec- tion which is section 511 of the Comprehensive Drug Abuse Prevention Act of 1970, as the probable intent of Congress, by designating existing provisions as par. (1), inserting ‘‘or II’’ in two places, and adding par. (2). Subsec. (i). Pub. L. 99–570, § 1865(b) and Pub. L. 99–646, § 74(b), made identical amendments, inserting ‘‘, or a violation of State or local law that could have been charged under this subchapter or subchapter II of this chapter,’’. 1984—Subsec. (a)(7). Pub. L. 98–473, § 306(a), added par. (7). Subsec. (a)(8). Pub. L. 98–473, § 518, added par. (8). Subsec. (b). Pub. L. 98–473, § 306(b)(1), inserted ‘‘civil or criminal’’ after ‘‘property subject to’’. Subsec. (b)(4). Pub. L. 98–473, § 306(b)(2), substituted ‘‘is subject to civil or criminal forfeiture under’’ for ‘‘has been used or is intended to be used in violation of’’. Subsec. (c). Pub. L. 98–473, § 306(c)(1), in provisions preceding par. (1), inserted ‘‘any of’’ after ‘‘seized under’’. Subsec. (c)(3). Pub. L. 98–473, § 306(c)(2), inserted ‘‘, if practicable,’’ after ‘‘remove it’’. Subsec. (d). Pub. L. 98–473, § 306(d), inserted ‘‘any of’’ after ‘‘incurred, under’’. Subsec. (e). Pub. L. 98–473, §§ 306(e), 309, inserted ‘‘civ- illy or criminally’’ after ‘‘Whenever property is’’ and in provisions preceding par. (1), inserted provisions relat- ing to transfer of custody or ownership of forfeited property in par. (1), substituted ‘‘and dispose of it’’ for ‘‘and remove it for disposition’’ in par. (3), and, in pro- visions following par. (4), inserted sentence requiring the Attorney General to ensure equitable transfer of any forfeited property, and substituted ‘‘accordance with section 524(c) of title 28’’ for ‘‘the general fund of the United States Treasury’’. Subsecs. (h) to (j). Pub. L. 98–473, § 306(f), added sub- secs. (h) to (j). 1979—Subsec. (d). Pub. L. 96–132 substituted ‘‘The pro- visions’’ for ‘‘All provisions’’ and struck out ‘‘and the award of compensation to informers in respect of such forfeitures’’ after ‘‘compromise of claims’’. 1978—Subsec. (a)(6). Pub. L. 95–633, § 301(1), added par. (6). Subsec. (e). Pub. L. 95–633, § 301(a)(2), (3), struck out of cl. (2) provisions relating to use of proceeds of sale and inserted last sentence relating to the forwarding by the Attorney General of money and proceeds remaining after payment of expenses. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–185 applicable to any for- feiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title XII, § 1215(b), Nov. 29, 1989, 103 Stat. 1569, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1989.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6059 of Pub. L. 100–690 effec- tive 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title. Pub. L. 100–690, title VI, § 6077(c), Nov. 18, 1988, 102 Stat. 4325, as amended by Pub. L. 101–162, title II, § 208, Nov. 21, 1989, 103 Stat. 1005, provided that: ‘‘Section 551(e)(3)(B) of the Controlled Substances Act [probably means section 511(e)(3)(B) of the Controlled Substances Act, 21 U.S.C. 881(e)(3)(B)], as enacted by subsection (a), shall apply with respect to fiscal years beginning after September 30, 1991.’’ CONSTRUCTIVE SEIZURE PROCEDURES Pub. L. 101–225, title II, § 210, Dec. 12, 1989, 103 Stat. 1913, provided that: ‘‘Not later than 6 months after the date of enactment of this Act [Dec. 12, 1989], the Sec- retary of Transportation and the Secretary of the Treasury, in order to avoid the devastating economic effects on innocent owners of seizures of their vessels, shall develop a procedure for constructive seizure of vessels of the United States engaged in commercial service as defined in section 2101 of title 46, United States Code, that are suspected of being used for com- mitting violations of law involving personal use quan- tities of controlled substances.’’ REGULATIONS FOR EXPEDITED ADMINISTRATIVE FORFEITURE PROCEDURES Pub. L. 100–690, title VI, § 6079, Nov. 18, 1988, 102 Stat. 4325, provided that: Page 886 TITLE 21—FOOD AND DRUGS §§ 881–1, 881a ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Nov. 18, 1988], the Attor- ney General and the Secretary of the Treasury shall consult, and after providing a 30-day public comment period, shall prescribe regulations for expedited admin- istrative procedures for seizures under section 511(a)(4), (6), and (7) of the Controlled Substances Act (21 U.S.C. 881(a)(4), (6), and (7)); section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a(a)); and section 2 of the Act of Au- gust 9, 1939 (53 Stat. 1291; 49 U.S.C. App. 782 [now 49 U.S.C. 80303]) for violations involving the possession of personal use quantities of a controlled substance. ‘‘(b) SPECIFICATIONS.—The regulations prescribed pur- suant to subsection (a) shall— ‘‘(1) minimize the adverse impact caused by pro- longed detention, and ‘‘(2) provide for a final administrative determina- tion of the case within 21 days of seizure, or provide a procedure by which the defendant can obtain re- lease of the property pending a final determination of the case. Such regulations shall provide that the ap- propriate agency official rendering a final determina- tion shall immediately return the property if the fol- lowing conditions are established: ‘‘(A) the owner or interested party did not know of or consent to the violation; ‘‘(B) the owner establishes a valid, good faith in- terest in the seized property as owner or otherwise; and ‘‘(C)(1) the owner establishes that the owner at no time had any knowledge or reason to believe that the property in which the owner claims an interest was being or would be used in a violation of the law; and ‘‘(2) if the owner at any time had, or should have had, knowledge or reason to believe that the prop- erty in which the owner claims an interest was being or would be used in a violation of the law, that the owner did what reasonably could be ex- pected to prevent the violation. An owner shall not have the seized property returned under this subsection if the owner had not acted in a normal and customary manner to ascertain how the property would be used. ‘‘(c) NOTICE.—At the time of seizure or upon issuance of a summons to appear under subsection (d), the offi- cer making the seizure shall furnish to any person in possession of the conveyance a written notice speci- fying the procedures under this section. At the earliest practicable opportunity after determining ownership of the seized conveyance, the head of the department or agency that seizes the conveyance shall furnish a writ- ten notice to the owner and other interested parties (including lienholders) of the legal and factual basis of the seizure. ‘‘(d) SUMMONS IN LIEU OF SEIZURE OF COMMERCIAL FISHING INDUSTRY VESSELS.—Not later than 90 days after the enactment of this Act [Nov. 18, 1988], the At- torney General, the Secretary of the Treasury, and the Secretary of Transportation shall prescribe joint regu- lations, after a public comment period of at least 30 days, providing for issuance of a summons to appear in lieu of seizure of a commercial fishing industry vessel as defined in section 2101(11a), (11b), and (11c) [now 2101(12), (13), and (14)] of title 46, United States Code, for violations involving the possession of personal use quantities of a controlled substance. These regulations shall apply when the violation is committed on a com- mercial fishing industry vessel that is proceeding to or from a fishing area or intermediate port of call, or is actively engaged in fishing operations. The authority provided under this section shall not affect existing au- thority to arrest an individual for drug-related offenses or to release that individual into the custody of the vessel’s master. Upon answering a summons to appear, the procedures set forth in subsections (a), (b), and (c) of this section shall apply. The jurisdiction of the dis- trict court for any forfeiture incurred shall not be af- fected by the use of a summons under this section. ‘‘(e) PERSONAL USE QUANTITIES OF A CONTROLLED SUB- STANCE.—For the purposes of this section, personal use quantities of a controlled substance shall not include sweepings or other evidence of non-personal use amounts.’’ Executive Documents TRANSFER OF FUNCTIONS Bureau of Narcotics and Dangerous Drugs, including office of Director thereof, in Department of Justice abolished by Reorg. Plan No. 2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 2 of 1973 also created in Department of Justice a single, comprehensive agency for enforcement of drug laws to be known as Drug Enforcement Admin- istration, empowered Attorney General to authorize performance by officers, employees, and agencies of De- partment of functions transferred to him, and directed Attorney General to coordinate all drug law enforce- ment functions to assure maximum cooperation be- tween Drug Enforcement Administration, Federal Bu- reau of Investigation, and other units of Department of Justice involved in drug law enforcement. §§ 881–1, 881a. Transferred Editorial Notes CODIFICATION Section 881–1, Pub. L. 91–513, title II, § 511A, as added Pub. L. 100–690, title VI, § 6080(a), Nov. 18, 1988, 102 Stat. 4326, which related to expedited procedures for seized conveyances, was renumbered § 518 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(h)(1), Nov. 29, 1990, 104 Stat. 4828, transferred to section 888 of this title and subsequently repealed. Section 881a, Pub. L. 99–198, title XVII, § 1764, Dec. 23, 1985, 99 Stat. 1652, which related to production control of controlled substances, was renumbered section 519 of the Controlled Substances Act by Pub. L. 101–647, title X, § 1002(h)(2), Nov. 29, 1990, 104 Stat. 4828, and is classi- fied to section 889 of this title. § 882. Injunctions (a) Jurisdiction The district courts of the United States and all courts exercising general jurisdiction in the territories and possessions of the United States shall have jurisdiction in proceedings in accord- ance with the Federal Rules of Civil Procedure to enjoin violations of this subchapter. (b) Jury trial In case of an alleged violation of an injunction or restraining order issued under this section, trial shall, upon demand of the accused, be by a jury in accordance with the Federal Rules of Civil Procedure. (c) State cause of action pertaining to online pharmacies (1) In general In any case in which the State has reason to believe that an interest of the residents of that State has been or is being threatened or adversely affected by the action of a person, entity, or Internet site that violates the provi- sions of section 823(g), 829(e), or 831 of this title, the State may bring a civil action on be- half of such residents in a district court of the United States with appropriate jurisdiction— (A) to enjoin the conduct which violates this section; (B) to enforce compliance with this sec- tion;