WHAT THE LAW DOINCongress, in plain words

The law › Title 21, Food and Drugs › Chapter 13

21 U.S.C. 881: Forfeitures

Created in 1970 by Public Law 91-513. Changed by 13 later laws. No bill we track in this Congress changes it.

6 other sections of the Code cite this one, including 16 U.S.C. 559d, 21 U.S.C. 824, 21 U.S.C. 853, 21 U.S.C. 958, 46 U.S.C. 70503.

4 parts of federal rules cite it as their authority, written by Department of Justice (2), U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (1), United States Postal Service (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2002

    • Pub. L. 107–273 substituted "section 863 of this title" for "section 1822 of the Mail Order Drug Paraphernalia Control Act". (21st Century Department of Justice Appropriations Authorization Act) Law text · (a)

    2000

    • Pub. L. 106–185, §2(c)(2), struck out before period at end ", except that— (Civil Asset Forfeiture Reform Act of 2000) Law text · (a)
    • Pub. L. 106–185, §2(c)(2), struck out before period at end ", except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledg… (Civil Asset Forfeiture Reform Act of 2000) Law text · (a)
    • Pub. L. 106–185, §2(c)(2), struck out before period at end ", except that no property shall be forfeited under this paragraph, to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge… (Civil Asset Forfeiture Reform Act of 2000) Law text · (a)
    • Pub. L. 106–185, §5(b), inserted heading and amended text of subsec. (b) generally. Prior to amendment, subsec. (b) authorized the Attorney General to seize property under this subchapter upon process issued pursuant to the Supplemental Rules for Certain Admirality and Maritime claims … (Civil Asset Forfeiture Reform Act of 2000) Law text · (b)
    • Pub. L. 106–185, §8(b), inserted heading and amended text of subsec. (i) generally. Prior to amendment, text read as follows: "The filing of an indictment or information alleging a violation of this subchapter or subchapter II of this chapter, or a violation of State or local law that … (Civil Asset Forfeiture Reform Act of 2000) Law text · (i)

    1996

    • Pub. L. 104–237, §201(b)(1), inserted "or listed chemical" after "controlled substance". (Comprehensive Methamphetamine Control Act of 1996) Law text · (a), (6)
    • Pub. L. 104–237, §201(b)(2), substituted "possessed, distributed, dispensed, acquired, or intended to be distributed, dispensed, acquired," for "possessed, distributed, or intended to be distributed," and struck out "a felony provision of" after "in violation of". (Comprehensive Methamphetamine Control Act of 1996) Law text · (a)

    1994

    • Pub. L. 103–447 substituted "section 2291j(b) of title 22" for "section 2291(h) of title 22". · (e)

    1991

    • Pub. L. 102–239, §2(1), substituted "except as provided in paragraph (4), sell" for "sell". · (e)
    • Pub. L. 102–239, §2(2), added par. (4). · (e)

    1990

    • Pub. L. 101–647, §2007, added par. (10). · (a)
    • Pub. L. 101–647, §2008, added par. (11). · (a)
    • Pub. L. 101–647, §2003, inserted ", by public sale or any other commercially feasible means," after "sell". · (e)
    • Pub. L. 101–647, §2004, inserted "; all dangerous, toxic, or hazardous raw materials or products subject to forfeiture under subsection (a)(2) of this section; and any equipment or container subject to forfeiture under subsection (a)(2) or (3) which cannot be separated safely from such… · (f)

    1989

    • Pub. L. 101–189 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "is not so transferred to circumvent any requirement of State law that prohibits forfeiture or limits use or disposition of property forfeited to State or local agencies." · (e)

    1988

    • Pub. L. 100–690, §6059(b), inserted reference to par. (9). · (a)
    • Pub. L. 100–690, §§6059(b), 6075, inserted in introductory provisions reference to par. (9) and added subpar. (C). · (a)
    • Pub. L. 100–690, §5105, inserted "(including any leasehold interest)" after "interest". · (a)
    • Pub. L. 100–690, §6059(a), added par. (9). · (a)
    • Pub. L. 100–690, §6077(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "retain the property for official use or transfer the custody or ownership of any forfeited property to any Federal, State, or local agency pursuant to section 1616a of titl… · (e)
    • Pub. L. 100–690, §6074, added subpar. (E). · (e)
    • Pub. L. 100–690, §6253(b), provided for deposit of moneys and proceeds in Postal Service Fund in cases of forfeitures conducted by Postal Service. · (e)
    • Pub. L. 100–690, §6077(a), added par. (3). · (e)
    • Pub. L. 100–690, §6253(a), added subsec. (l). · (l)

    1986

    • Pub. L. 99–570, §1865(1)–(3), and Pub. L. 99–646, §74(1)–(3), in making identical amendments in introductory provision and par. (4), struck out "or criminal" after "subject to civil" and inserted paragraph permitting the Government to request issuance of a warrant authorizing seizure o… · (b)
    • Pub. L. 99–570, §1992, designated existing provisions as par. (1) and former pars. (1) to (4) as subpars. (A) to (D), respectively, and added par. (2) in lieu of former concluding provisions which read as follows: "The Attorney General shall ensure the equitable transfer pursuant to pa… · (e)
    • Pub. L. 99–570, §1006(c), which directed the amendment of section 511 of the "Comprehensive Drug Abuse Prevention Act of 1978" was executed to this section which is section 511 of the Comprehensive Drug Abuse Prevention Act of 1970, as the probable intent of Congress, by designating ex… · (f)
    • Pub. L. 99–570, §1865(b) and Pub. L. 99–646, §74(b), made identical amendments, inserting ", or a violation of State or local law that could have been charged under this subchapter or subchapter II of this chapter,". · (i)

    1984

    • Pub. L. 98–473, §306(a), added par. (7). · (a)
    • Pub. L. 98–473, §518, added par. (8). · (a)
    • Pub. L. 98–473, §306(b)(1), inserted "civil or criminal" after "property subject to". · (b)
    • Pub. L. 98–473, §306(b)(2), substituted "is subject to civil or criminal forfeiture under" for "has been used or is intended to be used in violation of". · (b)
    • Pub. L. 98–473, §306(c)(1), in provisions preceding par. (1), inserted "any of" after "seized under". · (c)
    • Pub. L. 98–473, §306(c)(2), inserted ", if practicable," after "remove it". · (c)
    • Pub. L. 98–473, §306(d), inserted "any of" after "incurred, under". · (d)
    • Pub. L. 98–473, §§306(e), 309, inserted "civilly or criminally" after "Whenever property is" and in provisions preceding par. (1), inserted provisions relating to transfer of custody or ownership of forfeited property in par. (1), substituted "and dispose of it" for "and remove it for … · (e)
    • Pub. L. 98–473, §306(f), added subsecs. (h) to (j). · (h), (i), (j)

    1979

    • Pub. L. 96–132 substituted "The provisions" for "All provisions" and struck out "and the award of compensation to informers in respect of such forfeitures" after "compromise of claims". · (d)

    1978

    • Pub. L. 95–633, §301(1), added par. (6). · (a)
    • Pub. L. 95–633, §301(a)(2), (3), struck out of cl. (2) provisions relating to use of proceeds of sale and inserted last sentence relating to the forwarding by the Attorney General of money and proceeds remaining after payment of expenses. · (e)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.