§ 4241. Scope

(a) The following property shall be subject to this subchapter:

(1) All regulated drugs which have been cultivated, manufactured, distributed, compounded, possessed, sold, prescribed, dispensed, or delivered in violation of subchapter 1 of this chapter.

(2) All raw materials, products, and equipment of any kind, which are used or intended for use in cultivating, manufacturing, compounding, dispensing, delivering, processing, importing, or exporting any regulated drug in violation of subchapter 1 of this chapter.

(3) All property which is used or intended for use as a container for property described in subdivision (1) or (2) of this subsection.

(4) All books, records, and research, including formulas, microfilm, tapes, computers, software, and data, which are used or intended for use in violation of subchapter 1 of this chapter.

(5) Any consideration, including monies, negotiable instruments, and securities, used or intended for use in the cultivation, manufacture, compounding, distribution, or delivery of any regulated drug in violation of subchapter 1 of this chapter and any proceeds or derivative proceeds of any dispensing or sale of any regulated drug in violation of subchapter 1 of this chapter, including monies, negotiable instruments, and securities. Such consideration, proceeds, or derivative proceeds shall be forfeited to the extent of the interest of an owner, only by reason of an action or omission committed or omitted with the knowledge or consent of the owner. As used herein, "derivative proceeds" shall not include real property which is occupied as the primary residence of a person involved in the violation and a member or members of that person's family.

(6) All conveyances, including aircraft, vehicles, or vessels, which are used or are intended for use to transport, conceal, or in any manner facilitate the cultivation, manufacture, compounding, dispensing, delivering, sale, or possession of a regulated drug in violation of subchapter 1 of this chapter. No conveyance shall be forfeited:

(A) which is used by any person as a common carrier in the transaction of business as a common carrier unless the owner or other person in charge of such conveyance was a consenting party or privy to a violation of subchapter 1 of this chapter;

(B) by reason of any act or omission of any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, this State, or any other state; or

(C) by reason of the use or intended use of the conveyance in violation of subchapter 1 of this chapter by a person other than the owner, unless the owner knew or had reason to believe that the conveyance was used in that manner.

(7) Any property seized pursuant to 13 V.S.A. § 364.

(b) This subchapter shall apply to property for which forfeiture is sought in connection with:

(1) a violation under chapter 84, subchapter 1 of this title that carries by law a maximum penalty of ten years' incarceration or greater; or

(2) a violation of 13 V.S.A. § 364. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 1989, No. 100, § 13; 2013, No. 84, § 3, eff. June 10, 2013; 2015, No. 53, § 3.)