Chapter 11: Forfeiture

11.1Scope Note

This chapter discusses Michigan’s civil drug forfeiture laws. Specifically, this chapter discusses MCL 333.7521 (describing the types of property subject to forfeiture and under what circumstances forfeiture is permissible); MCL 333.7521a (providing certain property subject to seizure may not be forfeited or disposed of unless relevant criminal proceedings have concluded in a conviction); MCL 333.7522 (explaining the methods by which property subject to forfeiture may be seized by the government); MCL 333.7523 (providing for the institution of judicial forfeiture proceedings and administrative forfeiture proceedings); MCL 333.7523a (providing for the stay of forfeiture proceedings, burden of proof at forfeiture hearings, and return of property under certain circumstances); MCL 333.7524 (providing for the disposition of forfeited property); MCL 333.7525 (providing for summary forfeiture of schedule 1 controlled substances and plants from which schedule 1 and 2 controlled substances may be derived); and the Uniform Forfeiture Reporting Act, MCL 28.111 et seq. Where applicable, this chapter will include federal caselaw to provide guidance on forfeiture issues where there are gaps in Michigan law.