Items Subject to Forfeiture

Notwithstanding any other provision of law, or rule or regulation, the following shall be subject to forfeiture and no property right shall exist in them:

(a)all controlled substances which have been or are intended to be manufactured, distributed, dispensed, acquired or held in violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9, Guam Code Annotated;

(b)all raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting in violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9 GCA; Article 6 of Chapter 6, Title 11 GCA; or Chapter 47 of Title 9 GCA;

(c)all property which is used, or intended for use, as a container for property described in Subsections

(a)and

(b)of this Section;

(d)all conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in Subsections

(a)or

(b)of this Section, except that:

(1)no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this Article, unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or colluded to a violation of Articles 4 or 6 of Chapter 67, Title 9 GCA; Article 6 of Chapter 6, Title 11 GCA; or Chapter 47 of Title 9 GCA;

(2)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 his or her knowledge or consent; and

(3)a forfeiture of a conveyance encumbered by a bona fide security interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;

(e)all books, records, and research, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of Articles 4 or 6 of Chapter 67, Title 9 GCA; Article 6 of Chapter 6, Title 11 GCA; or Chapter 47 of Title 9 GCA;

(f)all moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of Articles 4 or 6 of Chapter 67, Title 9 GCA, and all proceeds traceable to such an exchange, and all moneys, negotiable instruments, securities used, or intended to be used, to facilitate any violation of Articles 4 or 6 of Chapter 67, Title 9 GCA; Article 6 of Chapter 6, Title 11 GCA; or Chapter 47 of Title 9 GCA, shall be forfeited to the Guam Customs and Quarantine Agency making the seizure;

(g)all firearms which are visible, carried during, or used in furtherance of a violation of Articles 4 or 6 of Chapter 67, Title 9 GCA; Article 6 of Chapter 6, Title 11 GCA; or Chapter 47 of Title 9 GCA; CH. 73 CUSTOMS AND QUARANTINE AGENCY

(h)all land and real property used by the owner with his or her knowledge or consent which contributed to or facilitated violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9 GCA; Article 6 of Chapter 6, Title 11 GCA; or Chapter 47 of Title 9 GCA; and

(i)all land or real property that was purchased, traded, or acquired by persons using profits or proceeds generated in violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9 GCA; Article 6 of Chapter 6, Title 11 GCA, or Chapter 47 of Title 9 GCA.