[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR233.8]

[Page 79-81]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 233--INSPECTION SERVICE AUTHORITY--Table of Contents
 
Sec. 233.8  Expedited forfeiture proceedings for property seized for 
administrative forfeiture involving controlled substances in personal use 
quantities.

    (a) Definitions. As used in this section, the following terms have 
the meanings specified:
    (1) Appraised Value means the estimated domestic price at the time 
of seizure at which such or similar property is freely offered for sale.
    (2) Controlled Substance has the meaning given in 21 U.S.C. 802.
    (3) Legal and Factual Basis of the Seizure means a statement of the 
applicable law under which the property is seized, and a written 
statement of the circumstances of the seizure sufficiently precise to 
enable an owner or other interested party to identify the date, place, 
and use or acquisition which makes the property subject to forfeiture.
    (4) Owner means one having a legal and possessory interest in the 
property seized for forfeiture. Even though one may hold primary and 
direct title to the property seized, such person may not have sufficient 
actual beneficial interest in the property to support a petition as 
owner if the facts indicate that another person had dominion and control 
over the property.
    (5) Personal Use Quantities means possession of a controlled 
substance in circumstances where there is not other evidence of an 
intent to distribute, or to facilitate the manufacturing, compounding, 
processing, delivering, importing, or exporting of any controlled 
substance. Evidence of personal

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use quantities does not include sweepings or other evidence of 
possession of quantities of a controlled substance for other than 
personal use.
    (i) Such other evidence includes:
    (A) Evidence, such as drug scales, drug distribution paraphernalia, 
drug records, drug packaging material, method of drug packaging, drug 
``cutting'' agents and other equipment, that indicates an intent to 
process, package or distribute a controlled substance;
    (B) Information from reliable sources indicating possession of a 
controlled substance with intent to distribute;
    (C) The arrest and/or conviction record of the person or persons in 
actual or constructive possession of the controlled substance for 
offenses under Federal, State or local law that indicates an intent to 
distribute a controlled substance;
    (D) Relationship of the controlled substance to large amounts of 
cash or any amount of prerecorded government funds;
    (E) Possession of the controlled substance under circumstances that 
indicate the substance is a sample intended for distribution in 
anticipation of a transaction involving large quantities, or is part of 
a larger delivery; or
    (F) Statements by the possessor, or otherwise attributable to the 
possessor, including statements of conspirators, that indicate 
possession with intent to distribute.
    (ii) Possession of a controlled substance is presumed to be for 
personal use when there are no indicia of illicit drug trafficking or 
distribution such as, but not limited to, the factors listed in 
Sec. 233.8(a)(5)(i), and the amounts do not exceed the following 
quantities:
    (A) One gram of a mixture of substance containing a detectable 
amount of heroin;
    (B) One gram of a mixture or substance containing a detectable 
amount of:
    (1) Coca leaves, except coca leaves and extracts of coca leaves from 
which cocaine, ecgonine, and derivations of ecgonine or their salts have 
been removed;
    (2) Cocaine, its salts, optical and geometric isomers, and salts of 
isomers;
    (3) Ecgonine, its derivatives, their salts, isomers, and salts of 
isomers; or
    (4) Any compound, mixture or preparation which contains any quantity 
of any of the substances referred to in Sec. 233.8(a)(5) (ii)(B)(1)-(3);
    (5) \1/10\th gram of a mixture or substance described in 
Sec. 233.8(a)(5)(ii) which contains cocaine base;
    (6) \1/10\ gram of a mixture or substance containing a detectable 
amount of phencyclidine (PCP);
    (7) 500 micrograms of a mixture or substance containing a detectable 
amount of lysergic acid diethylamide (LSD);
    (8) One ounce of a mixture of substance containing a detectable 
amount of marihuana;
    (9) One gram of methamphetamine, its salts, isomers, and salts of 
its isomers, or one gram of a mixture or substance containing a 
detectable amount of methamphetamine, its salts, isomers, or salts of 
its isomer.
    (iii) The possession of a narcotic, a depressant, a stimulant, a 
hallucinogen or cannabis-controlled substance will be considered in 
excess of personal use quantities if the dosage unit amount possessed 
provides the same or greater equivalent efficacy as described in 
Sec. 233.8(a)(5)(ii).
    (6) Property means property subject to forfeiture under title 21, 
U.S.C., Sections 881(a)(4), (6), and (7).
    (7) Statutory Rights or Defenses to the Forfeiture means all legal 
and equitable rights and remedies available to a claimant of property 
seized for forfeiture.
    (8) Sworn to as used in Sec. 233.8(b)(4)(ii) refers to the oath as 
provided by 28 U.S.C. 1746.
    (b) Petition for expedited release in an administrative forfeiture 
action. (1) Where property is seized for administrative forfeiture 
involving controlled substances in personal use quantities, the owner 
may petition the Postal Inspection Service for expedited release of the 
property.
    (2) The owner filing the petition for expedited release must 
establish the following:
    (i) The owner has a valid, good faith interest in the seized 
property as owner or otherwise;
    (ii) The owner reasonably attempted to ascertain the use of the 
property in a normal and customary manner; and

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    (iii) The owner did not know or consent to the illegal use of the 
property, or in the event that the owner knew or should have known of 
the illegal use, the owner did what reasonably could be expected to 
prevent the violation.
    (3) In addition to those factors listed in Sec. 233.8(b)(2), if an 
owner can demonstrate that he has other statutory rights or defenses 
that would cause him to prevail on the issue of forfeiture, such factors 
must also be considered in ruling on the petition for expedited release.
    (4) A petition for expedited release must be:
    (i) Filed in a timely manner to be considered; in order to be filed 
in a timely manner, the petition must be received by the Postal 
Inspection Service within 20 days from the date of the first publication 
of the notice of seizure.
    (ii) Executed and sworn to by the owner and both the envelope and 
the request must be clearly marked ``PETITION FOR EXPEDITED RELEASE'';
    (iii) Filed in accordance with the notice of seizure; and
    (iv) Addressed to the Chief Postal Inspector, Postal Inspection 
Service.
    (5) The petition must include the following:
    (i) A complete description of the property, including identification 
numbers, if any, and the date and place of seizure;
    (ii) The petitioner's interest in the property, which must be 
supported by title documentation, bills of sale, contracts, mortgages, 
or other satisfactory documentary evidence; and
    (iii) A statement of the facts and circumstances, to be established 
by satisfactory proof, relied upon by the petitioner to justify 
expedited release of the seized property.
    (c) Ruling on petition for expedited release in an administrative 
forfeiture action involving personal use quantities of a controlled 
substance. (1) Upon receipt of a petition for expedited release filed 
pursuant to Sec. 233.8(b), the Postal Inspection Service must determine 
first whether a final administrative determination of the case, without 
regard to the provisions of this section, can be made within 21 days of 
the seizure. If such a final administrative determination is made within 
21 days, no further action need be taken under this section.
    (2) If no such final administrative determination is made within 21 
days of the seizure, the following procedure applies:
    (i) The Postal Inspection Service, within 20 days after the receipt 
of the petition for expedited release, determines whether the petition 
filed by the owner has established the factors listed in 
Sec. 233.8(b)(2); and
    (ii) If the Postal Inspection Service determines that those factors 
have been established, it terminates the administrative proceedings and 
returns the property to the owner except where it is evidence of a 
violation of law; or
    (iii) If the Postal Inspection Service determines that those factors 
have not been established, it proceeds with the administrative 
forfeiture.
    (d) Posting of substitute res. (1) Where property is seized for 
administrative forfeiture involving controlled substances in personal 
use quantities, the owner may obtain release of the property by posting 
a substitute res with the Postal Service. The property will be released 
to the owner upon the payment of an amount equal to the appraised value 
of the property if it is not evidence of a violation of law or has 
design or other characteristics that particularly suit it for use in 
illegal activities. This payment must be in the form of a traveler's 
check, a money order, a cashier's check or an irrevocable letter of 
credit made payable to the Postal Service. A bond in the form of a 
cashier's check will be considered as paid once the check has been 
accepted for payment by the financial institution which issued the 
check.
    (2) If a substitute res is posted and the property is 
administratively forfeited, the Postal Inspection Service will forfeit 
the substitute res in lieu of the property.

[54 FR 47520, Nov. 15, 1989]