[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR162.45a]



[Page 252]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

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 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]