Maryland earns a B+ for its civil forfeiture laws
Standard of Proof
Somewhat higher bar to forfeit: In general, prosecutors must provide clear and convincing evidence that property is connected to a crime. A very weak conviction provision requires conviction of the owner, or owners when they are a married couple, when a family’s primary residence is at stake.
Innocent Owner Burden
Limited protections for the innocent: Third-party owners must prove their own innocence to recover seized property, except in cases involving vehicles, real property, or property related to drug transactions.
Financial Incentive
No profit incentive: All forfeiture proceeds go to the general fund of the state or local governing body.
The letter grade reflects Maryland’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in Maryland?
Under Maryland law, prosecutors’ and court deadlines leading to a judicial hearing add up to 170 days (125 days for vehicles), but there is no deadline for the hearing itself and any criminal proceedings may add to the wait. While you wait, the government has your property, but you can try to get it back while the case continues by posting a bond equal to the property’s appraised value.
*The deadline varies depending on the type of property and whether criminal charges are filed. In proceedings about money, prosecutors have 90 days from the conclusion of criminal proceedings to file a complaint, even if the seizure took place earlier. To forfeit a vehicle, prosecutors must file the complaint within 45 days of the seizure.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $172 million in state and federal forfeiture revenue
| Year | Maryland Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $3,955,415 | $1,747,000 | $5,702,415 |
| 2001 | Unknown | $3,063,429 | $191,000 | $3,254,429 |
| 2002 | Unknown | $4,626,498 | $8,000 | $4,634,498 |
| 2003 | Unknown | $7,424,604 | $2,099,000 | $9,523,604 |
| 2004 | Unknown | $6,159,725 | $513,000 | $6,672,725 |
| 2005 | Unknown | $5,635,733 | $1,886,000 | $7,521,733 |
| 2006 | Unknown | $6,384,843 | $1,777,000 | $8,161,843 |
| 2007 | $226,557 | $8,216,398 | $1,570,000 | $10,012,955 |
| 2008 | $611,094 | $8,052,287 | $5,942,000 | $14,605,381 |
| 2009 | $142,863 | $5,078,907 | $1,406,000 | $6,627,770 |
| 2010 | $164,047 | $6,580,628 | $1,846,000 | $8,590,675 |
| 2011 | $181,364 | $6,249,728 | $2,658,000 | $9,089,092 |
| 2012 | $96,349 | $5,940,747 | $2,876,000 | $8,913,096 |
| 2013 | $136,033 | $2,809,159 | $3,206,000 | $6,151,192 |
| 2014 | $118,567 | $6,599,304 | $3,793,000 | $10,510,871 |
| 2015 | $274,642 | $8,560,570 | $2,587,000 | $11,422,212 |
| 2016 | $96,661 | $4,626,100 | $642,000 | $5,364,761 |
| 2017 | $81,319 | $3,281,040 | $1,320,000 | $4,682,359 |
| 2018 | $750,549 | $7,697,023 | $1,816,000 | $10,263,572 |
| 2019 | $381,466 | $4,030,354 | $1,341,000 | $5,752,820 |
| 2020 | $177,916 | $3,200,590 | $1,711,000 | $5,089,506 |
| 2021 | $349,430 | $748,445 | $404,000 | $1,501,875 |
| 2022 | $376,188 | $3,824,893 | $1,448,000 | $5,649,081 |
| 2023 | $338,306 | $2,089,512 | $268,000 | $2,695,818 |
| Totals | $4,503,351 | $124,835,932 | $43,055,000 | $172,394,283 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Since October 2016, Maryland has prohibited transferring cash under $50,000 and other seized property to a federal agency for equitable sharing unless there is an associated federal criminal case, the owner consents to the forfeiture, or a federal seizure warrant is used to take custody of the asset. IJ’s analysis (see “Evaluating Efforts to Reform Equitable Sharing”) found that, relative to non-reform states, the reform resulted in immediate reductions in the sharing of below-threshold assets and assets overall, as well as a long-term reduction in sharing overall. However, there was no effect on the sharing of below-threshold assets in the long run. From 2017 to 2023, Maryland law enforcement agencies generated more than $33 million in equitable sharing proceeds. And on average from 2019 to 2023, 52 Maryland agencies, or an estimated 40% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under Maryland Law: Key Facts
Median Value
$1,016
From 2019 to 2023, half of Maryland’s currency forfeitures were worth less than $1,016.
Property Types
From 2019 to 2023, 68% of Maryland’s forfeitures were of currency.
Proceeding Types
UNKNOWN
Maryland does not report whether forfeitures are processed under civil or criminal forfeiture law.
Additional Findings
UNKNOWN
Most property was still winding its way through the forfeiture process at the time of reporting, resulting in an incomplete picture of forfeiture activity in the state.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
CStatewide Forfeiture Reports
APenalties for Failure to File a Report
D*Accounting for Forfeiture Fund Spending
N/A †Accessibility of Forfeiture Records
AFinancial Audits of Forfeiture Accounts
N/A ††These grades are not applicable as Maryland does not permit law enforcement agencies to spend forfeiture revenue.
*Agencies must file even when they have nothing to report.
Data Notes
Statewide forfeiture reports with property-level data for 2018–2023 were downloaded from the Governor’s Office of Crime Control and Prevention’s website; revenues for those years represent the value of property seized in a calendar year and forfeited by the time of the report. Because final disposition was pending for more than 80% of properties, revenues are likely substantially underestimated. Revenues for earlier years represent the value of forfeited currency and property sold in a calendar year and were obtained via public records requests to the Maryland State Police. Data for 2018 reported in the third edition of Policing for Profit included duplicates, which are excluded here. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. See Appendix C, available online at ij.org/report/policing-for-profit-4/appendix-c-equitable-sharing-methods/, for details of the equitable sharing reform analysis. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.
Legal Sources
Standard of proof: In general, clear and convincing evidence. Weak conviction provision requires conviction of an owner, but only for forfeitures of a principal family residence. When the owners of the residence are married, both spouses must be convicted. The provision can be waived if the owner fails to appear in court.
Md. Code Ann., Crim. Proc. §§ 12-103(d)(1)–(2), (e), -312(a)–(b).
Innocent owner burden: Depends on the property. Generally, the owner bears the burden of proof. But for vehicles, real property, and property intended for or traceable to drug transactions, the government must show that the property was used in violation of the law “with the owner’s actual knowledge.”
Md. Code Ann., Crim. Proc. §§ 12-102(a)(4), (11)–(12), -103, -312(b).
Financial incentive: No financial incentive.
Md. Code Ann., Crim. Proc. § 12-403(c)–(e).
Process: Md. Code Ann., Crim. Proc. §§ 12-301 et seq. (forfeiture procedure); id. § 12-208 (bond option); Md. R. 2-321 (time to answer).