§162.45a. Summary forfeiture of Schedule I and Schedule II controlled substances.
19 C.F.R. § 162.45a
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 § 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.
Notes, amendments, and revision history
Amendments
[T.D. 00-37, 65 FR 33254, May 23, 2000]
Authority
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624, 6 U.S.C. 101, 8 U.S.C. 1324(b). Section 162.3 also issued under 19 U.S.C. 1581; Section 162.4 also issued under 39 U.S.C. 604, 605; Section 162.5 also issued under 19 U.S.C. 1581, 49 U.S.C. 1509; Section 162.6 also issued under 19 U.S.C. 1461, 1467, 1496; Section 162.7 also issued under 19 U.S.C. 482; Section 162.8 also issued under 9 U.S.C. 1629; Section 162.21 also issued under 19 U.S.C. 482, 1581, 1582, 1602; Section 162.22 also issued under 18 U.S.C. 546; 19 U.S.C. 1459, 1594, 1595a, 1701, 1703-1708; Section 162.23 also issued under 19 U.S.C. 1595a(c). Section 162.32 also issued under 19 U.S.C. 1603, 1610; Section 162.32 also issued under 19 U.S.C. 1603, 1610; Section 162.43 also issued under 19 U.S.C. 1606, 1608; Section 162.44 also issued under 19 U.S.C. 1614; Section 162.45 also issued under 19 U.S.C. 1607, 1608; Section 162.45a also issued under 21 U.S.C. 881; Section 162.46 also issued under 19 U.S.C. 1609, 1611; Section 162.47 also issued under 19 U.S.C. 1608; Section 162.48 also issued under 19 U.S.C. 1606, 1607, 1608, 1612, 1613b, 1618; Section 162.49 also issued under 26 U.S.C. 5688; Section 162.50 also issued under 19 U.S.C. 1611, 1705; Section 162.61 also issued under 21 U.S.C. 952, 953, 957; Section 162.62 also issued under 21 U.S.C. 952, 956; Sections 162.63, 162.64 also issued under 21 U.S.C. 881, 966; Section 162.65 also issued under 19 U.S.C. 1584, 21 U.S.C. 960, 961. Sections 162.65 and 162.72 also issued under 19 U.S.C. 1431(b) and 19 U.S.C. 1644. Sections 162.91 through 162.96 also issued under 18 U.S.C. 983.
Source
Source: T.D. 72-211, 37 FR 16488, Aug. 15, 1972, unless otherwise noted.
Amendments
[T.D. 00-37, 65 FR 33254, May 23, 2000]