(a) The following shall be subject to forfeiture to the Government of the Virgin Islands and no property right shall exist in them:
(1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter.
(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter.
(3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2).
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportations, sale, receipt, possession, or concealment of property described in paragraph (1) or (2), except that:
(A) 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 section unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of this chapter; and
(B) 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 knowledge or consent or by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of the Virgin Islands.
(5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter.
(6) 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 this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter, 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 knowledge or consent of that owner.
(b) Any property subject to forfeiture to the Government of the Virgin Islands under this chapter may be seized by the Attorney General under process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any District Court of the Virgin Islands having jurisdiction over the property, except that seizure without such process may be made when—
(1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the Government of the Virgin Islands in a criminal injunction or forfeiture proceeding under this chapter;
(3) the Attorney General has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) the Attorney General has probable cause to believe that the property has been used or is intended to be used in violation of this chapter. In the event of seizure pursuant to paragraph (3) or (4) of this subsection, proceedings under subsection (d) of this section shall be instituted promptly.
(c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under the provisions of this chapter, the Attorney General may—
(1) place the property under seal;
(2) remove the property to a place designated by him; or
(3) require that the Department of Property and Procurement take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(d) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the United States customs laws; the disposition of such property or the proceeds from the sale thereof; the remission of mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as applicable and not inconsistent with the provisions hereof or other laws of the Virgin Islands; except that such duties as are imposed upon the United States customs officers or any other persons with respect to the seizure and forfeiture of property under the United States Customs Laws shall be performed with respect to seizures and forfeitures of property under this chapter by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General.
(e) Whenever property (except property described in paragraph (6) of subsection (a) hereof) is forfeited under this chapter the Attorney General shall—
(1) deliver the property to either the Virgin Islands Police Department or the Virgin Islands Drug Enforcement Bureau for their official use depending on which agency was responsible for seizure of the property;
(2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, but the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising and court costs; and any surplus shall be deposited into the “Police Crime Fighting and Equipment Fund” established in Title 33, section 3051a, Virgin Islands Code, or the “Virgin Islands Drug Enforcement Bureau Forfeiture Fund”, established in Title 33, section 3051b, Virgin Islands Code, depending on which agency was responsible for seizure of the property.
(3) require that the Department of Property and Procurement take custody of the property and remove it for disposition in accordance with law; or
(4) forward it to the Federal Drug Enforcement Administration for disposition (including delivery for medical or scientific use to any Federal or State Agency).
(f) All forfeited property described in paragraph (6) of subsection (a) of this section shall be deposited into the Police Crime Fighting and Equipment Fund established under Title 33, section 3051a, Virgin Islands Code. However, all monies and property forfeited under paragraph (6) subsection (a) of this section which are seized by the Virgin Islands Drug Enforcement Bureau shall be deposited into the Virgin Islands Drug Enforcement Bureau Forfeiture Fund as established under Title 33, section 3051b, of this code. Provided, further, of the monies and proceeds realized under this subsection, ten percent (10%) shall be used to provide a drug prevention and education program in the public schools as provided under Title 17, section 41, subsection (c) of this code.