{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-338.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-338.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-338.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-338.html"}],"law_id":64242,"edition_id":1,"section_id":64242,"structure_id":14960,"section_number":"4.1-338","catch_line":"Confiscation proceedings; disposition of forfeited articles","history":"Code 1950, \u00a7 4-55; 1954, c. 484; 1958, c. 194; 1976, c. 37; 1993, c. 866; 1995, c. 196.","full_text":"A\n\nAll proceedings for the confiscation of articles, except motor vehicles, declared contraband and forfeited to the Commonwealth under this chapter shall be as provided in this section.B\n\nProduction of seized property. — Whenever any article declared contraband under the provisions of this subtitle and required to be forfeited to the Commonwealth has been seized, with or without a warrant, by any officer charged with the enforcement of this subtitle, he shall produce the contraband article and any person in whose possession it was found. In those cases where no person is found in possession of such articles the return shall so state and a copy of the warrant shall be posted on the door of the buildings or room where the articles were found, or if there is no door, then in any conspicuous place upon the premises.\n\t\t\tIn case of seizure of a still, doubler, worm, worm tub, mash tub, fermenting tub, or other distilling apparatus, for any offense involving their forfeiture, where it is impracticable to remove such distilling apparatus to a place of safe storage from the place where seized, the seizing officer may destroy such apparatus only as necessary to prevent use of all or any part thereof for the purpose of distilling. The destruction shall be in the presence of at least one credible witness, and such witness shall join the officer in a sworn report of the seizure and destruction, to be made to the Board. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, an estimate of the fair cash value of the apparatus destroyed, and the materials remaining after such destruction. The report shall include a statement that, from facts within their own knowledge, the seizing officer and witness have no doubt whatever that the distilling apparatus was set up for use, or had been used in the unlawful distillation of spirits, and that it was impracticable to remove such apparatus to a place of safe storage.\n\t\t\tIn case of seizure of any quantity of mash, or of alcoholic beverages on which the tax imposed by the laws of the United States has not been paid, for any offense involving forfeiture of the same, the seizing officer may destroy them to prevent the use of all or any part thereof for the purpose of unlawful distillation of spirits or any other violation of this subtitle. The destruction shall be in the presence of at least one credible witness, and such witness shall join the officer in a sworn report of the seizure and destruction, to be made to the Board. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, and a statement that, from facts within their own knowledge, the seizing officer and witness have no doubt whatever that the mash was intended for use in the unlawful distillation of spirits, or that the alcoholic beverages were intended for use in violation of this subtitle.C\n\nHearing and determination. — Upon the return of the warrant as provided in this section, the court shall fix a time not less than ten days, unless waived by the accused in writing, and not more than thirty days thereafter, for the hearing on such return to determine whether or not the articles seized, or any part thereof, were used or in any manner kept, stored or possessed in violation of this subtitle.\n\t\t\tAt such hearing if no claimant appears, the court shall declare the articles seized forfeited to the Commonwealth and, if such articles are not necessary as evidence in any pending prosecution, shall turn them over to the Board. Any person claiming an interest in any of the articles seized may appear at the hearing and file a written claim setting forth particularly the character and extent of his interest. The court shall certify the warrant and the articles seized along with any claim filed to the circuit court to hear and determine the validity of such claim.\n\t\t\tIf the evidence warrants, the court shall enter a judgment of forfeiture and order the articles seized to be turned over to the Board. Action under this section and the forfeiture of any articles hereunder shall not be a bar to any prosecution under any other provision of this subtitle.D\n\nDisposition of forfeited beverages and other articles. — Any articles forfeited to the Commonwealth and turned over to the Board in accordance with this section shall be destroyed or sold by the Board as it deems proper. The net proceeds from such sales shall be paid into the Literary Fund. If the Board believes that any alcoholic beverages forfeited to the Commonwealth and turned over to the Board in accordance with this section cannot be sold and should not be destroyed, it may give such alcoholic beverages for medicinal purposes to any institution in the Commonwealth regularly conducted as a hospital, nursing home or sanatorium for the care of persons in ill health, or as a home devoted exclusively to the care of aged people, to supply the needs of such institution for alcoholic beverages for such purposes, provided that (i) the State Health Commissioner has issued a certificate stating that such institution has need for such alcoholic beverages and (ii) preference is accorded by the Board to institutions supported either in whole or in part by public funds. A record shall be made showing the amount issued in each case, to whom issued and the date when issued, and shall be kept in the offices of the State Health Commissioner and the Board. No charge shall be made to any patient for the alcoholic beverages supplied to him where they have been received from the Board pursuant to this section. Such alcoholic beverages shall be administered only upon approval of the patient’s physician.\n\t\t\tIf the Board believes that any foodstuffs forfeited to the Commonwealth and turned over to the Board in accordance with this section are usable, should not be destroyed and cannot be sold or whose sale would be impractical, it may give such foodstuffs to any institution in the Commonwealth and shall prefer a gift to the local jail or other local correctional facility in the jurisdiction where seizure took place. A record shall be made showing the nature of the foodstuffs and amount given, to whom given and the date when given, and shall be kept in the offices of the Board.","order_by":null,"text":{"0":{"id":233853,"text":"All proceedings for the confiscation of articles, except motor vehicles, declared contraband and forfeited to the Commonwealth under this chapter shall be as provided in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233854,"text":"Production of seized property. — Whenever any article declared contraband under the provisions of this subtitle and required to be forfeited to the Commonwealth has been seized, with or without a warrant, by any officer charged with the enforcement of this subtitle, he shall produce the contraband article and any person in whose possession it was found. In those cases where no person is found in possession of such articles the return shall so state and a copy of the warrant shall be posted on the door of the buildings or room where the articles were found, or if there is no door, then in any conspicuous place upon the premises.\n\t\t\tIn case of seizure of a still, doubler, worm, worm tub, mash tub, fermenting tub, or other distilling apparatus, for any offense involving their forfeiture, where it is impracticable to remove such distilling apparatus to a place of safe storage from the place where seized, the seizing officer may destroy such apparatus only as necessary to prevent use of all or any part thereof for the purpose of distilling. The destruction shall be in the presence of at least one credible witness, and such witness shall join the officer in a sworn report of the seizure and destruction, to be made to the Board. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, an estimate of the fair cash value of the apparatus destroyed, and the materials remaining after such destruction. The report shall include a statement that, from facts within their own knowledge, the seizing officer and witness have no doubt whatever that the distilling apparatus was set up for use, or had been used in the unlawful distillation of spirits, and that it was impracticable to remove such apparatus to a place of safe storage.\n\t\t\tIn case of seizure of any quantity of mash, or of alcoholic beverages on which the tax imposed by the laws of the United States has not been paid, for any offense involving forfeiture of the same, the seizing officer may destroy them to prevent the use of all or any part thereof for the purpose of unlawful distillation of spirits or any other violation of this subtitle. The destruction shall be in the presence of at least one credible witness, and such witness shall join the officer in a sworn report of the seizure and destruction, to be made to the Board. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, and a statement that, from facts within their own knowledge, the seizing officer and witness have no doubt whatever that the mash was intended for use in the unlawful distillation of spirits, or that the alcoholic beverages were intended for use in violation of this subtitle.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233855,"text":"Hearing and determination. — Upon the return of the warrant as provided in this section, the court shall fix a time not less than ten days, unless waived by the accused in writing, and not more than thirty days thereafter, for the hearing on such return to determine whether or not the articles seized, or any part thereof, were used or in any manner kept, stored or possessed in violation of this subtitle.\n\t\t\tAt such hearing if no claimant appears, the court shall declare the articles seized forfeited to the Commonwealth and, if such articles are not necessary as evidence in any pending prosecution, shall turn them over to the Board. Any person claiming an interest in any of the articles seized may appear at the hearing and file a written claim setting forth particularly the character and extent of his interest. The court shall certify the warrant and the articles seized along with any claim filed to the circuit court to hear and determine the validity of such claim.\n\t\t\tIf the evidence warrants, the court shall enter a judgment of forfeiture and order the articles seized to be turned over to the Board. Action under this section and the forfeiture of any articles hereunder shall not be a bar to any prosecution under any other provision of this subtitle.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233856,"text":"Disposition of forfeited beverages and other articles. — Any articles forfeited to the Commonwealth and turned over to the Board in accordance with this section shall be destroyed or sold by the Board as it deems proper. The net proceeds from such sales shall be paid into the Literary Fund. If the Board believes that any alcoholic beverages forfeited to the Commonwealth and turned over to the Board in accordance with this section cannot be sold and should not be destroyed, it may give such alcoholic beverages for medicinal purposes to any institution in the Commonwealth regularly conducted as a hospital, nursing home or sanatorium for the care of persons in ill health, or as a home devoted exclusively to the care of aged people, to supply the needs of such institution for alcoholic beverages for such purposes, provided that (i) the State Health Commissioner has issued a certificate stating that such institution has need for such alcoholic beverages and (ii) preference is accorded by the Board to institutions supported either in whole or in part by public funds. A record shall be made showing the amount issued in each case, to whom issued and the date when issued, and shall be kept in the offices of the State Health Commissioner and the Board. No charge shall be made to any patient for the alcoholic beverages supplied to him where they have been received from the Board pursuant to this section. Such alcoholic beverages shall be administered only upon approval of the patient’s physician.\n\t\t\tIf the Board believes that any foodstuffs forfeited to the Commonwealth and turned over to the Board in accordance with this section are usable, should not be destroyed and cannot be sold or whose sale would be impractical, it may give such foodstuffs to any institution in the Commonwealth and shall prefer a gift to the local jail or other local correctional facility in the jurisdiction where seizure took place. A record shall be made showing the nature of the foodstuffs and amount given, to whom given and the date when given, and shall be kept in the offices of the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14960,"edition_id":1,"name":"Procedural Matters","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14559,"metadata":{},"date_created":"2026-06-26 03:51:06","date_modified":"2026-06-26 03:51:06","permalink":{"id":219189,"object_type":"structure","relational_id":14960,"identifier":"3","token":"4.1\/I\/3\/3","url":"\/4.1\/I\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14559,"edition_id":1,"name":"Prohibited Practices; Penalties; Procedural Matters","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":219023,"object_type":"structure","relational_id":14559,"identifier":"3","token":"4.1\/I\/3","url":"\/4.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61682,"structure_id":14960,"section_number":"4.1-333","catch_line":"Interdiction of intoxicated driver","url":"\/4.1-333\/","token":"4.1\/I\/3\/3\/4.1-333","metadata":false},{"id":62885,"structure_id":14960,"section_number":"4.1-334","catch_line":"Interdiction for illegal manufacture, possession, transportation or sale of alcoholic beverages","url":"\/4.1-334\/","token":"4.1\/I\/3\/3\/4.1-334","metadata":false},{"id":76671,"structure_id":14960,"section_number":"4.1-335","catch_line":"Enjoining nuisances","url":"\/4.1-335\/","token":"4.1\/I\/3\/3\/4.1-335","metadata":false},{"id":62214,"structure_id":14960,"section_number":"4.1-336","catch_line":"Contraband beverages and other articles subject to forfeiture","url":"\/4.1-336\/","token":"4.1\/I\/3\/3\/4.1-336","metadata":false},{"id":77750,"structure_id":14960,"section_number":"4.1-337","catch_line":"Search warrants","url":"\/4.1-337\/","token":"4.1\/I\/3\/3\/4.1-337","metadata":false},{"id":64242,"structure_id":14960,"section_number":"4.1-338","catch_line":"Confiscation proceedings; disposition of forfeited articles","url":"\/4.1-338\/","token":"4.1\/I\/3\/3\/4.1-338","metadata":false},{"id":58802,"structure_id":14960,"section_number":"4.1-339","catch_line":"Search and seizure of conveyances or vehicles used in violation of law; arrests","url":"\/4.1-339\/","token":"4.1\/I\/3\/3\/4.1-339","metadata":false},{"id":57073,"structure_id":14960,"section_number":"4.1-340","catch_line":"Repealed","url":"\/4.1-340\/","token":"4.1\/I\/3\/3\/4.1-340","metadata":false},{"id":68315,"structure_id":14960,"section_number":"4.1-346","catch_line":"Contraband beverages","url":"\/4.1-346\/","token":"4.1\/I\/3\/3\/4.1-346","metadata":false},{"id":64440,"structure_id":14960,"section_number":"4.1-347","catch_line":"Repealed","url":"\/4.1-347\/","token":"4.1\/I\/3\/3\/4.1-347","metadata":false},{"id":60010,"structure_id":14960,"section_number":"4.1-348","catch_line":"Beverages not licensed under this subtitle","url":"\/4.1-348\/","token":"4.1\/I\/3\/3\/4.1-348","metadata":false},{"id":61346,"structure_id":14960,"section_number":"4.1-349","catch_line":"Punishment for violations of title or regulations; bond","url":"\/4.1-349\/","token":"4.1\/I\/3\/3\/4.1-349","metadata":false},{"id":67956,"structure_id":14960,"section_number":"4.1-350","catch_line":"Witness not excused from testifying because of self-incrimination","url":"\/4.1-350\/","token":"4.1\/I\/3\/3\/4.1-350","metadata":false},{"id":67651,"structure_id":14960,"section_number":"4.1-351","catch_line":"Previous convictions","url":"\/4.1-351\/","token":"4.1\/I\/3\/3\/4.1-351","metadata":false},{"id":77074,"structure_id":14960,"section_number":"4.1-352","catch_line":"Certificate of forensic scientist as evidence; requiring forensic scientist to appear","url":"\/4.1-352\/","token":"4.1\/I\/3\/3\/4.1-352","metadata":false},{"id":80348,"structure_id":14960,"section_number":"4.1-353","catch_line":"Label on sealed container prima facie evidence of alcoholic content","url":"\/4.1-353\/","token":"4.1\/I\/3\/3\/4.1-353","metadata":false},{"id":69537,"structure_id":14960,"section_number":"4.1-354","catch_line":"No recovery for alcoholic beverages illegally sold","url":"\/4.1-354\/","token":"4.1\/I\/3\/3\/4.1-354","metadata":false}],"previous_section":{"id":77750,"structure_id":14960,"section_number":"4.1-337","catch_line":"Search warrants","url":"\/4.1-337\/","token":"4.1\/I\/3\/3\/4.1-337","metadata":false},"next_section":{"id":58802,"structure_id":14960,"section_number":"4.1-339","catch_line":"Search and seizure of conveyances or vehicles used in violation of law; arrests","url":"\/4.1-339\/","token":"4.1\/I\/3\/3\/4.1-339","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-338\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 484; in 1958, chapter 194; in 1976, chapter 37; in 1993, chapter 866; in 1995, chapter 196<\/a>.<\/p>","references":[{"id":74907,"section_number":"4.1-228","catch_line":"Suspension or revocation; disposition of beverages on hand; termination","order_by":null,"url":"\/4.1-228\/"},{"id":60183,"section_number":"4.1-306","catch_line":"Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture","order_by":null,"url":"\/4.1-306\/"},{"id":62214,"section_number":"4.1-336","catch_line":"Contraband beverages and other articles subject to forfeiture","order_by":null,"url":"\/4.1-336\/"}],"refers_to":false,"permalink":{"id":219211,"object_type":"law","relational_id":64242,"identifier":"4.1-338","token":"4.1\/I\/3\/3\/4.1-338","url":"\/4.1-338\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-338\/","token":"4.1\/I\/3\/3\/4.1-338","dublin_core":{"Title":"Confiscation proceedings; disposition of forfeited articles","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-338","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All proceedings for the confiscation of articles, except motor vehicles, declared contraband and forfeited to the Commonwealth under this chapter shall be as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Production of seized property. — Whenever any article declared contraband under the provisions of this subtitle and required to be forfeited to the Commonwealth has been seized, with or without a warrant, by any officer charged with the enforcement of this subtitle, he shall produce the contraband article and any person in whose possession<\/span> it was found. In those cases where no person is found in possession<\/span> of such articles the return shall so state and a copy of the warrant shall be posted on the door of the buildings or room where the articles were found, or if there is no door, then in any conspicuous place upon the premises.\n\t\t\tIn case of seizure of a still, doubler, worm, worm tub, mash tub, fermenting tub, or other distilling apparatus, for any offense<\/span> involving their forfeiture, where it is impracticable to remove such distilling apparatus to a place of safe storage from the place where seized, the seizing officer may destroy such apparatus only as necessary to prevent use of all or any part thereof for the purpose of distilling. The destruction shall be in the presence of at least one credible witness<\/span>, and such witness<\/span> shall join the officer in a sworn report of the seizure and destruction, to be made to the Board<\/span>. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, an estimate of the fair cash value of the apparatus destroyed, and the materials<\/span> remaining after such destruction. The report shall include a statement that, from facts<\/span> within their own knowledge, the seizing officer and witness<\/span> have no doubt whatever that the distilling apparatus was set up for use, or had been used in the unlawful distillation of spirits<\/span>, and that it was impracticable to remove such apparatus to a place of safe storage.\n\t\t\tIn case of seizure of any quantity of mash, or of alcoholic beverages<\/span> on which the tax imposed by the laws<\/span> of the United States has not been paid, for any offense<\/span> involving forfeiture of the same, the seizing officer may destroy them to prevent the use of all or any part thereof for the purpose of unlawful distillation of spirits<\/span> or any other violation of this subtitle. The destruction shall be in the presence of at least one credible witness<\/span>, and such witness<\/span> shall join the officer in a sworn report of the seizure and destruction, to be made to the Board<\/span>. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, and a statement that, from facts<\/span> within their own knowledge, the seizing officer and witness<\/span> have no doubt whatever that the mash was intended for use in the unlawful distillation of spirits<\/span>, or that the alcoholic beverages<\/span> were intended for use in violation of this subtitle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Hearing<\/span> and determination. — Upon the return of the warrant as provided in this section, the court<\/span> shall fix a time not less than ten days, unless waived by the accused<\/span> in writing, and not more than thirty days thereafter, for the hearing<\/span> on such return to determine whether or not the articles seized, or any part thereof, were used or in any manner kept, stored or possessed in violation of this subtitle.\n\t\t\tAt such hearing<\/span> if no claimant appears, the court<\/span> shall declare the articles seized forfeited to the Commonwealth and, if such articles are not necessary as evidence<\/span> in any pending prosecution<\/span>, shall turn them over to the Board<\/span>. Any person claiming an interest in any of the articles seized may appear at the hearing<\/span> and file a written claim setting forth particularly the character and extent of his interest. The court<\/span> shall certify the warrant and the articles seized along with any claim filed to the circuit<\/span> court<\/span> to hear and determine the validity of such claim.\n\t\t\tIf the evidence<\/span> warrants, the court<\/span> shall enter a judgment<\/span> of forfeiture and order<\/span> the articles seized to be turned over to the Board<\/span>. Action under this section and the forfeiture of any articles hereunder shall not be a bar to any prosecution<\/span> under any other provision of this subtitle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Disposition<\/span> of forfeited beverages and other articles. — Any articles forfeited to the Commonwealth and turned over to the Board<\/span> in accordance with this section shall be destroyed or sold by the Board<\/span> as it deems proper. The net proceeds from such sales<\/span> shall be paid into the Literary Fund. If the Board<\/span> believes that any alcoholic beverages<\/span> forfeited to the Commonwealth and turned over to the Board<\/span> in accordance with this section cannot be sold and should not be destroyed, it may give such alcoholic beverages<\/span> for medicinal purposes to any institution in the Commonwealth regularly conducted as a hospital, nursing home or sanatorium for the care of persons in ill health, or as a home devoted exclusively to the care of aged people, to supply the needs of such institution for alcoholic beverages<\/span> for such purposes, provided that (i) the State Health Commissioner has issued a certificate stating that such institution has need for such alcoholic beverages<\/span> and (ii) preference is accorded by the Board<\/span> to institutions supported either in whole or in part by public funds. A record shall be made showing the amount issued in each case, to whom issued and the date when issued, and shall be kept in the offices of the State Health Commissioner and the Board<\/span>. No charge shall be made to any patient for the alcoholic beverages<\/span> supplied to him where they have been received from the Board<\/span> pursuant to this section. Such alcoholic beverages<\/span> shall be administered only upon approval of the patient’s physician.\n\t\t\tIf the Board<\/span> believes that any foodstuffs forfeited to the Commonwealth and turned over to the Board<\/span> in accordance with this section are usable, should not be destroyed and cannot be sold or whose sale<\/span> would be impractical, it may give such foodstuffs to any institution in the Commonwealth and shall prefer a gift to the local jail or other local correctional facility in the jurisdiction<\/span> where seizure took place. A record shall be made showing the nature of the foodstuffs and amount given, to whom given and the date when given, and shall be kept in the offices of the Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFISCATION PROCEEDINGS; DISPOSITION OF FORFEITED ARTICLES (\u00a7 4.1-338)\n\nA. All proceedings for the confiscation of articles, except motor vehicles,\ndeclared contraband and forfeited to the Commonwealth under this chapter shall\nbe as provided in this section.\n\nB. Production of seized property. — Whenever any article declared\ncontraband under the provisions of this subtitle and required to be forfeited to\nthe Commonwealth has been seized, with or without a warrant, by any officer\ncharged with the enforcement of this subtitle, he shall produce the contraband\narticle and any person in whose possession it was found. In those cases where no\nperson is found in possession of such articles the return shall so state and a\ncopy of the warrant shall be posted on the door of the buildings or room where\nthe articles were found, or if there is no door, then in any conspicuous place\nupon the premises.\n\t\t\tIn case of seizure of a still, doubler, worm, worm tub, mash tub, fermenting\ntub, or other distilling apparatus, for any offense involving their forfeiture,\nwhere it is impracticable to remove such distilling apparatus to a place of safe\nstorage from the place where seized, the seizing officer may destroy such\napparatus only as necessary to prevent use of all or any part thereof for the\npurpose of distilling. The destruction shall be in the presence of at least one\ncredible witness, and such witness shall join the officer in a sworn report of\nthe seizure and destruction, to be made to the Board. The report shall set forth\nthe grounds of the claim of forfeiture, the reasons for seizure and destruction,\nan estimate of the fair cash value of the apparatus destroyed, and the materials\nremaining after such destruction. The report shall include a statement that,\nfrom facts within their own knowledge, the seizing officer and witness have no\ndoubt whatever that the distilling apparatus was set up for use, or had been\nused in the unlawful distillation of spirits, and that it was impracticable to\nremove such apparatus to a place of safe storage.\n\t\t\tIn case of seizure of any quantity of mash, or of alcoholic beverages on\nwhich the tax imposed by the laws of the United States has not been paid, for\nany offense involving forfeiture of the same, the seizing officer may destroy\nthem to prevent the use of all or any part thereof for the purpose of unlawful\ndistillation of spirits or any other violation of this subtitle. The destruction\nshall be in the presence of at least one credible witness, and such witness\nshall join the officer in a sworn report of the seizure and destruction, to be\nmade to the Board. The report shall set forth the grounds of the claim of\nforfeiture, the reasons for seizure and destruction, and a statement that, from\nfacts within their own knowledge, the seizing officer and witness have no doubt\nwhatever that the mash was intended for use in the unlawful distillation of\nspirits, or that the alcoholic beverages were intended for use in violation of\nthis subtitle.\n\nC. Hearing and determination. — Upon the return of the warrant as provided\nin this section, the court shall fix a time not less than ten days, unless\nwaived by the accused in writing, and not more than thirty days thereafter, for\nthe hearing on such return to determine whether or not the articles seized, or\nany part thereof, were used or in any manner kept, stored or possessed in\nviolation of this subtitle.\n\t\t\tAt such hearing if no claimant appears, the court shall declare the articles\nseized forfeited to the Commonwealth and, if such articles are not necessary as\nevidence in any pending prosecution, shall turn them over to the Board. Any\nperson claiming an interest in any of the articles seized may appear at the\nhearing and file a written claim setting forth particularly the character and\nextent of his interest. The court shall certify the warrant and the articles\nseized along with any claim filed to the circuit court to hear and determine the\nvalidity of such claim.\n\t\t\tIf the evidence warrants, the court shall enter a judgment of forfeiture and\norder the articles seized to be turned over to the Board. Action under this\nsection and the forfeiture of any articles hereunder shall not be a bar to any\nprosecution under any other provision of this subtitle.\n\nD. Disposition of forfeited beverages and other articles. — Any articles\nforfeited to the Commonwealth and turned over to the Board in accordance with\nthis section shall be destroyed or sold by the Board as it deems proper. The net\nproceeds from such sales shall be paid into the Literary Fund. If the Board\nbelieves that any alcoholic beverages forfeited to the Commonwealth and turned\nover to the Board in accordance with this section cannot be sold and should not\nbe destroyed, it may give such alcoholic beverages for medicinal purposes to any\ninstitution in the Commonwealth regularly conducted as a hospital, nursing home\nor sanatorium for the care of persons in ill health, or as a home devoted\nexclusively to the care of aged people, to supply the needs of such institution\nfor alcoholic beverages for such purposes, provided that (i) the State Health\nCommissioner has issued a certificate stating that such institution has need for\nsuch alcoholic beverages and (ii) preference is accorded by the Board to\ninstitutions supported either in whole or in part by public funds. A record\nshall be made showing the amount issued in each case, to whom issued and the\ndate when issued, and shall be kept in the offices of the State Health\nCommissioner and the Board. No charge shall be made to any patient for the\nalcoholic beverages supplied to him where they have been received from the Board\npursuant to this section. Such alcoholic beverages shall be administered only\nupon approval of the patient’s physician.\n\t\t\tIf the Board believes that any foodstuffs forfeited to the Commonwealth and\nturned over to the Board in accordance with this section are usable, should not\nbe destroyed and cannot be sold or whose sale would be impractical, it may give\nsuch foodstuffs to any institution in the Commonwealth and shall prefer a gift\nto the local jail or other local correctional facility in the jurisdiction where\nseizure took place. A record shall be made showing the nature of the foodstuffs\nand amount given, to whom given and the date when given, and shall be kept in\nthe offices of the Board.\n\nHISTORY: Code 1950, \u00a7 4-55; 1954, c. 484; 1958, c. 194; 1976, c. 37; 1993, c.\n866; 1995, c. 196.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}