[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR162.45a]

[Page 249-250]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 162--INSPECTION, SEARCH, AND SEIZURE--Table of Contents
 
               Subpart E--Treatment of Seized Merchandise
 
Sec. 162.45a  Summary forfeiture of Schedule I and Schedule II controlled substances.

    The Controlled Substances Act (84 Stat. 1242, 21 U.S.C. 801 et seq.) 
provides that all controlled substances in Schedule I and Schedule II 
(as defined in 21 U.S.C. 802(6) and 812) that are possessed, 
transferred, sold or offered for sale in violation of the Act will be 
deemed contraband, seized and summarily forfeited to the United States 
(21 U.S.C. 881(f)). The Controlled Substances Import and Export Act (21 
U.S.C. 951 et seq.) incorporates by reference this contraband forfeiture 
provision of 21 U.S.C. 881. See 21 U.S.C. 965. Accordingly, in the case 
of a seizure of Schedule I or Schedule II controlled substances, the 
Fines, Penalties, and Forfeitures Officer or his designee will

[[Page 250]]

contact the appropriate Drug Enforcement Administration official 
responsible for issuing permits authorizing the importation of such 
substances (see 21 CFR part 1312). If upon inquiry the Fines, Penalties, 
and Forfeitures Officer or his designee is notified that no permit for 
lawful importation has been issued, he will declare the seized 
substances contraband and forfeited pursuant to 21 U.S.C. 881(f). 
Inasmuch as such substances are Schedule I and Schedule II controlled 
substances, the notice procedures set forth in Sec. 162.45 are 
inapplicable. When seized controlled substances are required as evidence 
in a court proceeding, they will be preserved to the extent and in the 
quantities necessary for that purpose.

[T.D. 00-37, 65 FR 33254, May 23, 2000]