{"data":{"id":"us-ky/krs-218a.410","jurisdiction":"us-ky","citation":"KRS 218A.410","heading":"Property subject to forfeiture.","body":"(1) The following are subject to forfeiture:\n(a) Controlled substances listed in Schedule I that are possessed, transferred, sold,\nor offered for sale in violation of this chapter are contraband and shall be\nseized and summarily forfeited to the state;\n(b) Controlled substances listed in Schedule I, which are seized or come into the\npossession of the state, the owners of which are unknown, are contraband and\nshall be summarily forfeited to the state;\n(c) Species of plants from which controlled substances in Sch edules I and II may\nbe derived which have been planted or cultivated in violation of this chapter,\nor of which the owners or cultivators are unknown, or which are wild growths,\nmay be seized and summarily destroyed or forfeited to the state. The failure,\nupon demand by the law enforcement agency or its authorized agent, of the\nperson in occupancy or in control of land or premises upon which the species\nof plants are growing or being stored, to produce an appropriate registration,\nor proof that he or she is the holder thereof, constitutes authority for the\nseizure and forfeiture of the plants;\n(d) All substances, machinery, or devices used for the manufacture, packaging,\nrepackaging, or marking, and books, papers, and records, and all vehicles\nowned and used by the seller or distributor for the manufacture, distribution,\nsale, or transfer of substances in violation of KRS 218A.350 shall be seized\nand forfeited to the state. Substances manufactured, held, or distributed in\nviolation of KRS 218A.350 shall be deemed contraband;\n(e) All controlled substances which have been manufactured, distributed,\ndispensed, possessed, being held, or acquired in violation of this chapter;\n(f) All raw materials, products, and equipment of any kind which are used, or\nintended for use, in manufacturing, compounding, processing, delivering,\nimporting, or exporting any controlled substance in violation of this chapter;\n(g) All property which is used, or intended for use, as a container for property\ndescribed in paragraph (e) or (f) of this subsection;\n(h) All conveyances, including aircraft, vehicles, or vessels, which are used, or\nintended for use, to transport, or in any manner to facilitate the transportation,\nfor the purpose of sale or receipt of property described in paragraph (e)  or (f)\nof this subsection, but:\n1. No conveyance used by any person as a common carrier in the\ntransaction of business as a common carrier is subject to forfeiture under\nthis section unless it is proven beyond a reasonable doubt that the owner\nor other pe rson in charge of the conveyance is a consenting party or\nprivy to a violation of this chapter;\n2. No conveyance is subject to forfeiture under this section by reason of\nany act or omission established by the owner thereof to have been\ncommitted or omitted without his or her knowledge or consent;\n3. A forfeiture of a conveyance encumbered by a bona fide security interest\nis subject to the interest of the secured party if he or she neither had\nknowledge of nor consented to the act or omission; and\n4. The forfeiture provisions of this paragraph shall not apply to any\nmisdemeanor offense relating to marijuana or salvia;\n(i) All books, records, and research products and materials, including formulas,\nmicrofilm, tapes, and data which are used, or intended for use, in violation of\nthis chapter;\n(j) Everything of value furnished, or intended to be furnished, in exchange for a\ncontrolled substance in violation of this chapter, all proceeds, including real\nand personal property, traceable to the exchange, and a ll moneys, negotiable\ninstruments, and securities used, or intended to be used, to facilitate any\nviolation of this chapter; except that no property shall be forfeited under this\nparagraph, to the extent of the interest of an owner, by reason of any act or\nomission established by him or her to have been committed or omitted\nwithout his or her knowledge or consent. It shall be a rebuttable presumption\nthat all moneys, coin, and currency found in close proximity to controlled\nsubstances, to drug manufacturing  or distributing paraphernalia, or to records\nof the importation, manufacture, or distribution of controlled substances, are\npresumed to be forfeitable under this paragraph. The burden of proof shall be\nupon claimants of personal property to rebut this pre sumption by clear and\nconvincing evidence. The burden of proof shall be upon the law enforcement\nagency to prove by clear and convincing evidence that real property is\nforfeitable under this paragraph; and\n(k) All real property, including any right, title, and interest in the whole of any lot\nor tract of land and any appurtenances or improvements, which is used or\nintended to be used, in any manner or part, to commit, or to facilitate the\ncommission of, a violation of this chapter excluding any misdemeanor offense\nrelating to marijuana, synthetic drugs, or salvia, except that property shall be\nforfeited under this paragraph, to the extent of an interest of an owner, by\nreason of any act or omission established by the Commonwealth to have been\ncommitted or omitted with the knowledge or consent of the owner.\n(2) Title to all property, including all interests in the property, forfeit under this section\nvests in the Commonwealth on the commission of the act or omission giving rise to\nforfeiture under this section  together with the proceeds of the property after the\ntime. Any property or proceeds subsequently transferred to any person shall be\nsubject to forfeiture and thereafter shall be ordered forfeited, unless the transferee\nestablishes in the forfeiture procee ding that he or she is a subsequent bona fide\npurchaser for value without actual or constructive notice of the act or omission\ngiving rise to the forfeiture.\n(3) If any of the property described in this section cannot be located; has been\ntransferred to, s old to, or deposited with a third party; has been placed beyond the\njurisdiction of the court; has been substantially diminished in value by any act or\nomission of the defendant; or, has been commingled with any property which\ncannot be divided without difficulty, the court shall order the forfeiture of any other\nproperty of the defendant up to the value of any property subject to forfeiture under\nthis section.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40036","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"f82f7c5629852146ec47c09838b9f7902559de492fd90a97dcc8b5827d8180b8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.405","next":"us-ky/krs-218a.415"},"notice":"GroundRules: Original legal text. Not legal advice."}