Okla. Stat. tit. 63, § 63-2-503

A. The following shall be subject to forfeiture:

1. All controlled dangerous substances and synthetic controlled

substances which have been manufactured, distributed, dispensed,

acquired, concealed or possessed in violation of the Uniform

Controlled Dangerous Substances Act;

2. All raw materials, products and equipment of any kind and

all drug paraphernalia as defined by the Uniform Controlled

Dangerous Substances Act, which are used, or intended for use, in

manufacturing, compounding, processing, delivering, importing or

exporting, injecting, ingesting, inhaling, or otherwise introducing

Oklahoma Statutes - Title 63. Public Health and Safety Page 1016

into the human body any controlled dangerous substance or synthetic

controlled substance in violation of the provisions of the Uniform

Controlled Dangerous Substances Act;

3. All property which is used, or intended for use, as a

container for property described in paragraphs 1, 2, 5 and 6 of this

subsection;

4. All conveyances, including aircraft, vehicles, vessels, or

farm implements which are used to transport, conceal, or cultivate

for the purpose of distribution as defined in the Uniform Controlled

Dangerous Substances Act, or which are used in any manner to

facilitate the transportation or cultivation for the purpose of sale

or receipt of property described in paragraphs 1 or 2 of this

subsection or when the property described in paragraphs 1 or 2 of

this subsection is unlawfully possessed by an occupant thereof,

except that:

a. no conveyance used by a person as a common carrier in

the transaction of business as a common carrier shall

be forfeited under the provisions of the Uniform

Controlled Dangerous Substances Act unless it shall

appear that the owner or other person in charge of

such conveyance was a consenting party or privy to a

violation of the Uniform Controlled Dangerous

Substances Act, and

b. no conveyance shall be forfeited under the provisions

of this section by reason of any act or omission

established by the owner thereof to have been

committed or omitted without the knowledge or consent

of such owner, and if the act is committed by any

person other than such owner the owner shall establish

further that the conveyance was unlawfully in the

possession of a person other than the owner in

violation of the criminal laws of the United States,

or of any state;

5. All books, records and research, including formulas,

microfilm, tapes and data which are used in violation of the Uniform

Controlled Dangerous Substances Act;

6. All things of value furnished, or intended to be furnished,

in exchange for a controlled dangerous substance in violation of the

Uniform Controlled Dangerous Substances Act, all proceeds traceable

to such an exchange, and all monies, negotiable instruments, and

securities used, or intended to be used, to facilitate any violation

of the Uniform Controlled Dangerous Substances Act;

7. All monies, coin and currency found in close proximity to

any amount of forfeitable substances, to forfeitable drug

manufacturing or distribution paraphernalia or to forfeitable

records of the importation, manufacture or distribution of

substances, which are rebuttably presumed to be forfeitable under

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the Uniform Controlled Dangerous Substances Act. The burden of

proof is upon claimants of the property to rebut this presumption;

8. All real property, including any right, title, and interest

in the whole of any lot or tract of land and any appurtenance or

improvement thereto, which is used, or intended to be used, in any

manner or part, to commit, or to facilitate the commission of, a

violation of the Uniform Controlled Dangerous Substances Act which

is punishable by imprisonment for more than one (1) year, except

that no property right, title or interest shall be forfeited

pursuant to this paragraph, by reason of any act or omission
nance or

improvement thereto, which is used, or intended to be used, in any

manner or part, to commit, or to facilitate the commission of, a

violation of the Uniform Controlled Dangerous Substances Act which

is punishable by imprisonment for more than one (1) year, except

that no property right, title or interest shall be forfeited

pursuant to this paragraph, by reason of any act or omission

established by the owner thereof to have been committed or omitted

without the knowledge or consent of that owner; and

9. All weapons possessed, used or available for use in any

manner to facilitate a violation of the Uniform Controlled Dangerous

Substances Act.

B. Any property or thing of value of a person is subject to

forfeiture if it is established by a preponderance of the evidence

that such property or thing of value was acquired by such person

during the period of the violation of the Uniform Controlled

Dangerous Substances Act or within a reasonable time after such

period and there was no likely source for such property or thing of

value other than the violation of the Uniform Controlled Dangerous

Substances Act.

C. Any property or thing of value of a person is subject to

forfeiture if it is established by a preponderance of the evidence

that the person has not paid all or part of a fine imposed pursuant

to the provisions of Section 2-415 of this title.

D. All items forfeited in this section shall be forfeited under

the procedures established in Section 2-506 of this title. Whenever

any item is forfeited pursuant to this section except for items

confiscated by the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections, or the Office of the

Attorney General, the district court of the district shall order

that such item, money, or monies derived from the sale of such item

be deposited by the state, county or city law enforcement agency

which seized the item in the revolving fund provided for in Section

2-506 of this title; provided, such item, money or monies derived

from the sale of such item forfeited due to nonpayment of a fine

imposed pursuant to the provisions of Section 2-415 of this title

shall be apportioned as provided in Section 2-416 of this title.

Items, money or monies seized pursuant to subsections A and B of

this section shall not be applied or considered toward satisfaction

of the fine imposed by Section 2-415 of this title. All raw

materials used or intended to be used by persons to unlawfully

manufacture or attempt to manufacture any controlled dangerous

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substance in violation of the Uniform Controlled Dangerous

Substances Act shall be summarily forfeited pursuant to the

provisions of Section 2-505 of this title.

E. All property taken or detained under this section by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Department of Public Safety, the Oklahoma State Bureau of

Investigation, the Alcoholic Beverage Laws Enforcement Commission,

the Department of Corrections, or the Office of the Attorney

General, shall not be repleviable, but shall remain in the custody

of the Bureaus, Departments, Commission, or Office, respectively,

subject only to the orders and decrees of a court of competent

jurisdiction. The Director of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Commissioner of Public

Safety, the Director of the Oklahoma State Bureau of Investigation,

the Director of the Alcoholic Beverage Laws Enforcement Commission,

the Director of the Department of Corrections, and the Attorney

General shall follow the procedures outlined in Section 2-506 of

this title dealing with notification of seizure, intent of

forfeiture, final disposition procedures, and release to innocent
blic

Safety, the Director of the Oklahoma State Bureau of Investigation,

the Director of the Alcoholic Beverage Laws Enforcement Commission,

the Director of the Department of Corrections, and the Attorney

General shall follow the procedures outlined in Section 2-506 of

this title dealing with notification of seizure, intent of

forfeiture, final disposition procedures, and release to innocent

claimants with regard to all property included in this section

detained by the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections, or the Office of the

Attorney General. Property taken or detained by the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, the Department of

Public Safety, the Oklahoma State Bureau of Investigation, the

Alcoholic Beverage Laws Enforcement Commission, the Department of

Corrections, or the Office of the Attorney General shall be disposed

of or sold pursuant to the provisions of Section 2-508 of this

title. Any money, coins, and currency, taken or detained pursuant

to this section may be deposited in an interest bearing account by

or at the direction of the State Treasurer if the seizing agency

determines the currency is not to be held as evidence. All interest

earned on such monies shall be returned to the claimant or forfeited

with the money, coins, and currency which was taken or detained as

provided by law.

F. The proceeds of any forfeiture of items seized by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall

be distributed as follows:

1. To the bona fide or innocent purchaser, conditional sales

vendor or mortgagee of the property, if any, up to the amount of his

interest in the property, when the court declaring a forfeiture

orders a distribution to such person; and

2. The balance to the Bureau of Narcotics Revolving Fund

established pursuant to Section 2-107 of this title, provided the

Bureau may enter into agreements with municipal, tribal, county,

state or federal law enforcement agencies, or other state agencies

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with CLEET-certified law enforcement officers, assisting in the

forfeiture or underlying criminal investigation, to return to such

an agency a percentage of said proceeds.

G. Any agency that acquires seized or forfeited property or

money shall maintain a true and accurate inventory and record of all

such property seized pursuant to this section.