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21 U.S.C. § 881

Forfeitures

United States · Title 21 — FOOD AND DRUGS · Status: effective

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21 U.S.C. § 881, Forfeitures, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454677
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Full text

The following shall be subject to forfeiture to the United States and no property right shall exist in them: Any property subject to forfeiture to the United States under this section may be seized by the Attorney General in the manner set forth in section 981(b) of title 18. Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under any of the provisions of this subchapter, the Attorney General may— The provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any of the provisions of this subchapter, insofar as applicable and not inconsistent with the provisions hereof; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this subchapter by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer. Whenever property is civilly or criminally forfeited under this subchapter the Attorney General may— transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer— The proceeds from any sale under subparagraph (B) of paragraph (1) and any moneys forfeited under this subchapter shall be used to pay— The Attorney General shall assure that any property transferred to a State or local law enforcement agency under paragraph (1)(A)— In the case of property described in paragraph (1)(B) that is civilly or criminally forfeited under this subchapter, if the property is real property that is appropriate for use as a public area reserved for recreational or historic purposes or for the preservation of natural conditions, the Attorney General, upon the request of the chief executive officer of the State in which the property is located, may transfer title to the property to the State, either without charge or for a nominal charge, through a legal instrument providing that— All right, title, and interest in property described in subsection (a) shall vest in the United States upon commission of the act giving rise to forfeiture under this section. The provisions of section 981(g) of title 18 regarding the stay of a civil forfeiture proceeding shall apply to forfeitures under this section. In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought. The functions of the Attorney General under this section shall be carried out by the Postal Service pursuant to such agreement as may be entered into between the Attorney General and the Postal Service.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 95-633(S. 2399)1978-11-10
    Psychotropic Substances Act of 1978
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-132(S. 1157)1979-11-30
    Department of Justice Appropriation Authorization Act, Fiscal Year 1980
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-473(H.J.Res. 648)1984-10-12
    A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-570(H.R. 5484)1986-10-27
    Anti-Drug Abuse Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-646(S. 1236)1986-11-10
    Criminal Law and Procedure Technical Amendments Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-690(H.R. 5210)1988-11-18
    Anti-Drug Abuse Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-189(H.R. 2461)1989-11-29
    National Defense Authorization Act for Fiscal Years 1990 and 1991
    House: no recorded tallySenate: 91–8
  • Amended byPub. L. 101-647(S. 3266)1990-11-29
    Crime Control Act of 1990
    House: 313–1Senate: no recorded tally
  • Amended byPub. L. 102-239(S. 1891)1991-12-17
    A bill to permit the Secretary of Health and Human Services to waive certain recovery requirements with respect to the construction or remodeling of facilities, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-447(H.R. 5246)1994-11-02
    International Narcotics Control Corrections Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-237(S. 1965)1996-10-03
    Comprehensive Methamphetamine Control Act of 1996
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-185(H.R. 1658)2000-04-25
    Civil Asset Forfeiture Reform Act of 2000
    House: 375–48Senate: no recorded tally
  • Amended byPub. L. 107-273(H.R. 2215)2002-11-02
    21st Century Department of Justice Appropriations Authorization Act
    House: 400–4Senate: no recorded tally