A motor vehicle used in violation of this title may not be seized and forfeiture may not be recommended to the forfeiting authority if:
(1) the motor vehicle falls within § 12-103(b) of this title;
(2) (i) an innocent registered owner lends the motor vehicle to another person; and
(ii) that person, or someone invited into the motor vehicle by that person, brings a controlled dangerous substance or paraphernalia into the motor vehicle without the registered owner’s knowledge; or
(3) (i) a member of the family other than the registered owner uses the motor vehicle, and a controlled dangerous substance or paraphernalia is in the motor vehicle in an amount insufficient to suggest a sale is contemplated;
(ii) a sale was not made or attempted; and
(iii) the registered owner did not know that the controlled dangerous substance or paraphernalia was in the motor vehicle.
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