Drug currency forfeiture
N.D. Cent. Code § 19-03.1-23.3
in effect19-03.1-23.3. Drug currency forfeiture
1. There is a presumption of forfeiture for money, coin, currency, and everything of value,
furnished or intended to be furnished, in exchange for a controlled substance in
violation of chapter 19-03.1 or imitation controlled substance in violation of chapter
19-03.2, if the state offers a reasonable basis to believe, based on the following
circumstances, that there is a substantial connection between the property and an
offense listed in chapter 19-03.1 or 19-03.2:
a. The property at issue is currency in excess of ten thousand dollars which, at the
time of seizure, was being transported through an airport, on a highway, or at a
port-of-entry, and the property was packaged or concealed in a highly unusual
manner, the person transporting the property provided false information to any
law enforcement officer who lawfully stopped the person for investigative
purposes, the property was found in close proximity to a measurable quantity of
any controlled substance, or the property was the subject of a positive alert by a
properly trained dog;
b. The property at issue was acquired during a period of time when the person who
acquired the property was engaged in an offense under chapter 19-03.1 or
19-03.2 or within a reasonable time after the period, and there is no likely source
for the property other than that offense;
c. The property at issue was, or was intended to be, transported, transmitted, or
transferred to or from a major drug-transit country, a major illicit drug-producing
country, or a major money-laundering country, and the transaction giving rise to
the forfeiture:
(1) Occurred in part in a state or foreign country whose bank secrecy laws
render this state unable to obtain records relating to the transaction; or
(2) Was conducted by, to, or through a corporation that does not conduct any
ongoing and significant commercial or manufacturing business or any other
form of commercial operation which was not engaged in any legitimate
business activity; or
d. A person involved in the transaction giving rise to the forfeiture action has been
convicted in a federal, state, or foreign jurisdiction of an offense equivalent to an
offense under chapter 19-03.1 or 19-03.2 or a felony involving money laundering,
or is a fugitive from prosecution for any of these offenses.
2. The presumption in this section does not preclude the use of other presumptions or
the establishment of probable cause based on criteria other than those set forth in this
section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-1.pdf#nameddest=19-03p1-23p3Fetched: 10/16/2026