{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-503","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-503","heading":"Property subject to forfeiture","body":"A. The following shall be subject to forfeiture:\n\n1. All controlled dangerous substances and synthetic controlled\n\nsubstances which have been manufactured, distributed, dispensed,\n\nacquired, concealed or possessed in violation of the Uniform\n\nControlled Dangerous Substances Act;\n\n2. All raw materials, products and equipment of any kind and\n\nall drug paraphernalia as defined by the Uniform Controlled\n\nDangerous Substances Act, which are used, or intended for use, in\n\nmanufacturing, compounding, processing, delivering, importing or\n\nexporting, injecting, ingesting, inhaling, or otherwise introducing\n\ninto the human body any controlled dangerous substance or synthetic\n\ncontrolled substance in violation of the provisions of the Uniform\n\nControlled Dangerous Substances Act;\n\n3. All property which is used, or intended for use, as a\n\ncontainer for property described in paragraphs 1, 2, 5 and 6 of this\n\nsubsection;\n\n4. All conveyances, including aircraft, vehicles, vessels, or\n\nfarm implements which are used to transport, conceal, or cultivate\n\nfor the purpose of distribution as defined in the Uniform Controlled\n\nDangerous Substances Act, or which are used in any manner to\n\nfacilitate the transportation or cultivation for the purpose of sale\n\nor receipt of property described in paragraphs 1 or 2 of this\n\nsubsection or when the property described in paragraphs 1 or 2 of\n\nthis subsection is unlawfully possessed by an occupant thereof,\n\nexcept that:\n\na. no conveyance used by a person as a common carrier in\n\nthe transaction of business as a common carrier shall\n\nbe forfeited under the provisions of the Uniform\n\nControlled Dangerous Substances Act unless it shall\n\nappear that the owner or other person in charge of\n\nsuch conveyance was a consenting party or privy to a\n\nviolation of the Uniform Controlled Dangerous\n\nSubstances Act, and\n\nb. no conveyance shall be forfeited under the provisions\n\nof this section by reason of any act or omission\n\nestablished by the owner thereof to have been\n\ncommitted or omitted without the knowledge or consent\n\nof such owner, and if the act is committed by any\n\nperson other than such owner the owner shall establish\n\nfurther that the conveyance was unlawfully in the\n\npossession of a person other than the owner in\n\nviolation of the criminal laws of the United States,\n\nor of any state;\n\n5. All books, records and research, including formulas,\n\nmicrofilm, tapes and data which are used in violation of the Uniform\n\nControlled Dangerous Substances Act;\n\n6. All things of value furnished, or intended to be furnished,\n\nin exchange for a controlled dangerous substance in violation of the\n\nUniform Controlled Dangerous Substances Act, all proceeds traceable\n\nto such an exchange, and all monies, negotiable instruments, and\n\nsecurities used, or intended to be used, to facilitate any violation\n\nof the Uniform Controlled Dangerous Substances Act;\n\n7. All monies, coin and currency found in close proximity to\n\nany amount of forfeitable substances, to forfeitable drug\n\nmanufacturing or distribution paraphernalia or to forfeitable\n\nrecords of the importation, manufacture or distribution of\n\nsubstances, which are rebuttably presumed to be forfeitable under\n\nthe Uniform Controlled Dangerous Substances Act. The burden of\n\nproof is upon claimants of the property to rebut this presumption;\n\n8. All real property, including any right, title, and interest\n\nin the whole of any lot or tract of land and any appurtenance or\n\nimprovement thereto, which is used, or intended to be used, in any\n\nmanner or part, to commit, or to facilitate the commission of, a\n\nviolation of the Uniform Controlled Dangerous Substances Act which\n\nis punishable by imprisonment for more than one (1) year, except\n\nthat no property right, title or interest shall be forfeited\n\npursuant to this paragraph, by reason of any act or omission\nnance or\n\nimprovement thereto, which is used, or intended to be used, in any\n\nmanner or part, to commit, or to facilitate the commission of, a\n\nviolation of the Uniform Controlled Dangerous Substances Act which\n\nis punishable by imprisonment for more than one (1) year, except\n\nthat no property right, title or interest shall be forfeited\n\npursuant to this paragraph, by reason of any act or omission\n\nestablished by the owner thereof to have been committed or omitted\n\nwithout the knowledge or consent of that owner; and\n\n9. All weapons possessed, used or available for use in any\n\nmanner to facilitate a violation of the Uniform Controlled Dangerous\n\nSubstances Act.\n\nB. Any property or thing of value of a person is subject to\n\nforfeiture if it is established by a preponderance of the evidence\n\nthat such property or thing of value was acquired by such person\n\nduring the period of the violation of the Uniform Controlled\n\nDangerous Substances Act or within a reasonable time after such\n\nperiod and there was no likely source for such property or thing of\n\nvalue other than the violation of the Uniform Controlled Dangerous\n\nSubstances Act.\n\nC. Any property or thing of value of a person is subject to\n\nforfeiture if it is established by a preponderance of the evidence\n\nthat the person has not paid all or part of a fine imposed pursuant\n\nto the provisions of Section 2-415 of this title.\n\nD. All items forfeited in this section shall be forfeited under\n\nthe procedures established in Section 2-506 of this title. Whenever\n\nany item is forfeited pursuant to this section except for items\n\nconfiscated by the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Department of Public Safety, the Oklahoma State\n\nBureau of Investigation, the Alcoholic Beverage Laws Enforcement\n\nCommission, the Department of Corrections, or the Office of the\n\nAttorney General, the district court of the district shall order\n\nthat such item, money, or monies derived from the sale of such item\n\nbe deposited by the state, county or city law enforcement agency\n\nwhich seized the item in the revolving fund provided for in Section\n\n2-506 of this title; provided, such item, money or monies derived\n\nfrom the sale of such item forfeited due to nonpayment of a fine\n\nimposed pursuant to the provisions of Section 2-415 of this title\n\nshall be apportioned as provided in Section 2-416 of this title.\n\nItems, money or monies seized pursuant to subsections A and B of\n\nthis section shall not be applied or considered toward satisfaction\n\nof the fine imposed by Section 2-415 of this title. All raw\n\nmaterials used or intended to be used by persons to unlawfully\n\nmanufacture or attempt to manufacture any controlled dangerous\n\nsubstance in violation of the Uniform Controlled Dangerous\n\nSubstances Act shall be summarily forfeited pursuant to the\n\nprovisions of Section 2-505 of this title.\n\nE. All property taken or detained under this section by the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control, the\n\nDepartment of Public Safety, the Oklahoma State Bureau of\n\nInvestigation, the Alcoholic Beverage Laws Enforcement Commission,\n\nthe Department of Corrections, or the Office of the Attorney\n\nGeneral, shall not be repleviable, but shall remain in the custody\n\nof the Bureaus, Departments, Commission, or Office, respectively,\n\nsubject only to the orders and decrees of a court of competent\n\njurisdiction. The Director of the Oklahoma State Bureau of\n\nNarcotics and Dangerous Drugs Control, the Commissioner of Public\n\nSafety, the Director of the Oklahoma State Bureau of Investigation,\n\nthe Director of the Alcoholic Beverage Laws Enforcement Commission,\n\nthe Director of the Department of Corrections, and the Attorney\n\nGeneral shall follow the procedures outlined in Section 2-506 of\n\nthis title dealing with notification of seizure, intent of\n\nforfeiture, final disposition procedures, and release to innocent\nblic\n\nSafety, the Director of the Oklahoma State Bureau of Investigation,\n\nthe Director of the Alcoholic Beverage Laws Enforcement Commission,\n\nthe Director of the Department of Corrections, and the Attorney\n\nGeneral shall follow the procedures outlined in Section 2-506 of\n\nthis title dealing with notification of seizure, intent of\n\nforfeiture, final disposition procedures, and release to innocent\n\nclaimants with regard to all property included in this section\n\ndetained by the Department of Public Safety, the Oklahoma State\n\nBureau of Investigation, the Alcoholic Beverage Laws Enforcement\n\nCommission, the Department of Corrections, or the Office of the\n\nAttorney General. Property taken or detained by the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control, the Department of\n\nPublic Safety, the Oklahoma State Bureau of Investigation, the\n\nAlcoholic Beverage Laws Enforcement Commission, the Department of\n\nCorrections, or the Office of the Attorney General shall be disposed\n\nof or sold pursuant to the provisions of Section 2-508 of this\n\ntitle. Any money, coins, and currency, taken or detained pursuant\n\nto this section may be deposited in an interest bearing account by\n\nor at the direction of the State Treasurer if the seizing agency\n\ndetermines the currency is not to be held as evidence. All interest\n\nearned on such monies shall be returned to the claimant or forfeited\n\nwith the money, coins, and currency which was taken or detained as\n\nprovided by law.\n\nF. The proceeds of any forfeiture of items seized by the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control shall\n\nbe distributed as follows:\n\n1. To the bona fide or innocent purchaser, conditional sales\n\nvendor or mortgagee of the property, if any, up to the amount of his\n\ninterest in the property, when the court declaring a forfeiture\n\norders a distribution to such person; and\n\n2. The balance to the Bureau of Narcotics Revolving Fund\n\nestablished pursuant to Section 2-107 of this title, provided the\n\nBureau may enter into agreements with municipal, tribal, county,\n\nstate or federal law enforcement agencies, or other state agencies\n\nwith CLEET-certified law enforcement officers, assisting in the\n\nforfeiture or underlying criminal investigation, to return to such\n\nan agency a percentage of said proceeds.\n\nG. Any agency that acquires seized or forfeited property or\n\nmoney shall maintain a true and accurate inventory and record of all\n\nsuch property seized pursuant to this section.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8c95e44f32e95ff6a949145644e1f4a31dadebec13f6f66174c6a30a91350161","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-502","next":"us-ok/okla.-stat.-tit.-63-63-2-503.1"},"notice":"GroundRules: Original legal text. Not legal advice."}