[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1316.90]

[Page 157-158]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1316--ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES--Table of Contents
 
    Subpart F--Expedited Forfeiture Proceedings for Certain Property
 
Sec. 1316.90  Purpose and scope.

    Authority: 21 U.S.C. 822, 871, 872, 880, 881, 881-1, 883, 958, 965; 
19 U.S.C. 1606, 1607, 1608, 1610, 1613, 1618; 28 U.S.C. 509, 510; Pub. 
L. No. 100-690, sec. 6079, 6080.

    Source: 54 FR 37610, Sept. 11, 1989, unless otherwise noted.


    (a) The following definitions, regulations, and criteria are 
designed to establish and implement procedures required by sections 6079 
and 6080 of the Anti-Drug Abuse Act of 1988, Public Law No. 100-690 (102 
Stat. 4181). They are intended to supplement existing law and procedures 
relative to the forfeiture of property under the identified statutory 
authority. The provisions of these regulations do not affect the 
existing legal and equitable rights and remedies of those with an 
interest in property seized for forfeiture, nor do these provisions 
relieve interested parties from their existing obligations and 
responsibilities in pursuing their interests through such courses of 
action. These regulations are intended to reflect the intent of Congress 
to minimize the adverse impact on those entitled to legal or equitable 
relief occasioned by the prolonged detention of property subject to 
forfeiture due to violations of law involving personal use quantities of 
controlled substances, and conveyances seized for drug-related offenses. 
The definition of personal use quantities of a controlled substance as 
contained herein is intended to distinguish between those quantities 
small in amount which are generally considered to be possessed for 
personal consumption and not for further distribution, and those larger 
quantities generally considered to be subject to further distribution.
    (b) In this regard, for violations involving the possession of 
personal use quantities of a controlled substance, section 6079(b)(2) 
requires either that administrative forfeiture be completed within 21 
days of the seizure of the property, or alternatively, that procedures 
are established that provide a means by which an individual entitled to 
relief may initiate an expedited administrative review of the legal and 
factual basis of the seizure for forfeiture. Should an individual 
request relief pursuant to these regulations and be entitled to the 
return of the seized property, such property shall be returned 
immediately following that determination, and the administrative 
forfeiture process shall cease. Should the individual not be entitled to 
the return of the seized property, however, the administrative 
forfeiture of that property shall proceed. The owner may, in any event, 
obtain release of property pending the administrative forfeiture by 
submitting to the agency making the determination, property sufficient 
to preserve the government's vested interest for purposes of the 
administrative forfeiture.
    (c) Section 6080 requires a similar expedited review by the Attorney 
General or his representative in those instances where a conveyance is 
being forfeited

[[Page 158]]

in a civil judicial proceeding following its seizure for a drug-related 
offense.