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Controlled Substances Act (CSA) - Medical Marijuana ProCon.org

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pursuant to the Supplemental Rules for Certain Admiralty and Maritime<br />

Claims by any district court of the United States having jurisdiction over the<br />

property, except that seizure without such process may be made when -<br />

(1) the seizure is incident to an arrest or a search under a search<br />

warrant or an inspection under an administrative inspection warrant;<br />

(2) the property subject to seizure has been the subject of a prior<br />

judgment in favor of the United States in a criminal injunction or<br />

forfeiture proceeding under this subchapter;<br />

(3) the Attorney General has probable cause to believe that the<br />

property is directly or indirectly dangerous to health or safety; or<br />

(4) the Attorney General has probable cause to believe that the<br />

property is subject to civil forfeiture under this subchapter.<br />

In the event of seizure pursuant to paragraph (3) or (4) of this subsection,<br />

proceedings under subsection (d) of this section shall be instituted promptly.<br />

The Government may request the issuance of a warrant authorizing the<br />

seizure of property subject to forfeiture under this section in the same<br />

manner as provided for a search warrant under the Federal Rules of Criminal<br />

Procedure.<br />

(c) Custody of Attorney General<br />

Property taken or detained under this section shall not be repleviable, but<br />

shall be deemed to be in the custody of the Attorney General, subject only<br />

to the orders and decrees of the court or the official having jurisdiction<br />

thereof. Whenever property is seized under any of the provisions of this<br />

subchapter, the Attorney General may -<br />

(1) place the property under seal;<br />

(2) remove the property to a place designated by him; or<br />

(3) require that the General Services Administration take custody of<br />

the property and remove it, if practicable, to an appropriate location<br />

for disposition in accordance with law.<br />

(d) Other laws and proceedings applicable<br />

The provisions of law relating to the seizure, summary and judicial forfeiture,<br />

and condemnation of property for violation of the customs laws; the<br />

disposition of such property or the proceeds from the sale thereof; the<br />

remission or mitigation of such forfeitures; and the compromise of claims

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