Legal Question in Criminal Law in Oklahoma

Forfeiture of Property used for Drug Possession or Distribution

A relative of mine is concerned that her adult son who is living in her house may be selling small quantities of prescription drugs to his friends. In addition, she fears her daughter-in-law may be abusing prescription drugs, also while living in the house. The homeowner is physically located outside the state and cannot be on hand to deter such activities. Can the courts forfeit the property?


Asked on 9/10/02, 1:47 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Forfeiture of Property used for Drug Possession or Distribution

Property which is associated with illicit drug transactions may be subject to civil forfeiture if the owner of the property actively or passively enables the transactions. Thus, the owner of a crack house who know what goes on there, even though he may not actively participate, may be shown to be a conspriator and have his property forfeited as a result. If the owner in your case cannot control the legal use of the property, then s/he should evict those tenants who are dealing in illegal drugs or illegally dealing in legal drugs to prevent the possibility of civil forfeiture.

Read more
Answered on 9/11/02, 11:23 am


Related Questions & Answers

More Criminal Law questions and answers in Oklahoma