HB1345 Cigarette and ENDS product; provide for administrative…

Plain English Breakdown

The bill's summary text does not provide specific details about the use or disposal of forfeited property after administrative forfeiture.

Forfeiture of Cigarettes and ENDS Products for Violations

This bill creates procedures for the administrative forfeiture of cigarettes and electronic nicotine delivery systems (ENDS) products that are seized for violating state laws, with a value not exceeding $20,000.

What This Bill Does

Creates a new code section to provide procedures for the administrative forfeiture of ENDS products if they violate state directory laws, with a value not exceeding $20,000.
Provides notice requirements when property is seized, including details about the seizure and instructions on how to contest it.
Allows people who claim an interest in the seized property to file a petition within 30 days to contest the forfeiture.
Requires that if no one contests the forfeiture, the seizing agency can declare the property forfeited and use or dispose of it as allowed by law.
Specifies that the person from whom the ENDS products are confiscated must pay for the costs related to seizure, forfeiture, and destruction.

Who It Names or Affects

People who own cigarettes or ENDS products seized for violating state laws with a value not exceeding $20,000.
Law enforcement agencies that seize such items.
Courts where petitions to contest forfeitures can be filed.

Terms To Know

ENDS Products: Electronic devices used to heat nicotine-containing substances and deliver vaporized nicotine for inhalation, like e-cigarettes.
Administrative Forfeiture: A process where property is taken by a government agency without going through the court system unless someone challenges it.

Limits and Unknowns

The bill did not pass and was not signed into law.
It only applies to items valued at $20,000 or less.
Details about how seized property is used after forfeiture are not specified in the summary text.

Official Summary Text

Cigarette and ENDS product; provide for administrative forfeiture of for violation of state directory laws.

Current Bill Text

Read the full stored bill text

H. B. No. 1345 *HR26/R2223* ~ OFFICIAL ~ G3/5
26/HR26/R2223
PAGE 1 (BS\KW)

To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Lamar

HOUSE BILL NO. 1345

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 1
75-102-3, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR THE 2
ADMINISTRATIVE FORFEITURE OF ENDS PRODUCT SEIZED FOR BEING IN 3
VIOLATION OF THE STATE ENDS PRODUCT DIRECTORY LAW; TO CREATE A NEW 4
CODE SECTION TO BE CODIFIED AS SECTION 75-101-7.1, MISSISSIPPI 5
CODE OF 1972, TO PROVIDE PROCEDURES FOR THE ADMINISTRATIVE 6
FORFEITURE OF CIGARETTES SEIZED FOR BEING IN VIOLATION OF THE 7
STATE CIGARETTE DIRECTORY LAW; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. The following shall be codified as Section 10
75-102-3, Mississippi Code of 1972: 11
75-102-3. (1) When any ENDS product, the value of which 12
does not exceed Twenty Thousand Dollars ($20,000.00), is seized 13
under the provisions of this chapter, the property may be 14
forfeited by the administrative forfeiture procedures provided for 15
in this section. 16
(2) The attorney for or any representative of the seizing 17
agency shall provide notice of intention to forfeit the seized 18
property administratively, either by certified mail, return 19
receipt requested, or by personal delivery, to the owner of the 20
premises from which the property was seized. 21
H. B. No. 1345 *HR26/R2223* ~ OFFICIAL ~
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PAGE 2 (BS\KW)

(3) If notice of intention to forfeit the seized property 22
administratively cannot be given as provided in subsection (2) of 23
this section because of refusal, failure to claim, insufficient 24
address or any other reason, the attorney for or representative of 25
the seizing law enforcement agency shall provide notice by 26
publication in a newspaper of general circulation in the county in 27
which the seizure occurred for once a week for three (3) 28
consecutive weeks. 29
(4) Notice pursuant to subsections (2) and (3) of this 30
section shall include the following information: 31
(a) A description of the property; 32
(b) The approximate value of the property; 33
(c) The date and place of the seizure; 34
(d) The instructions for filing a request for judicial 35
review; and 36
(e) A statement that the property will be forfeited to 37
the seizing agency if a request for judicial review is not timely 38
filed. 39
(5) Any person claiming an interest in property which is the 40
subject of a notice under this section may, within thirty (30) 41
days after receipt of the notice or of the date of the first 42
publication of the notice, file a petition to contest forfeiture 43
signed by the claimant in the county court, if a county court 44
exists, or otherwise in the circuit court of the county in which 45
the seizure is made or the county in which the criminal 46
H. B. No. 1345 *HR26/R2223* ~ OFFICIAL ~
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PAGE 3 (BS\KW)

prosecution is brought, in order to claim an interest in the 47
property. Upon the filing of the petition and the payment of the 48
filing fees, service of the petition shall be made on the attorney 49
for or representative of the seizing agency, and the proceedings 50
shall thereafter be governed by the rules of civil procedure. 51
(6) If no petition to contest forfeiture is timely filed, 52
the attorney for or any representative of the seizing agency, as 53
applicable, shall prepare a written declaration of forfeiture of 54
the subject property and the forfeited property shall be used, 55
distributed or disposed of in accordance with the provisions of 56
this chapter. 57
(7) The cost of such seizure, forfeiture, and destruction 58
shall be borne by the person from whom the ENDS products are 59
confiscated. 60
SECTION 2. The following shall be codified as Section 61
75-101-7.1, Mississippi Code of 1972: 62
75-101-7.1 (1) When any cigarette, the value of which does 63
not exceed Twenty Thousand Dollars ($20,000.00), is seized under 64
the provisions of this chapter, the property may be forfeited by 65
the administrative forfeiture procedures provided for in this 66
section. 67
(2) The attorney for or any representative of the seizing 68
agency shall provide notice of intention to forfeit the seized 69
property administratively, either by certified mail, return 70
H. B. No. 1345 *HR26/R2223* ~ OFFICIAL ~
26/HR26/R2223
PAGE 4 (BS\KW)

receipt requested, or by personal delivery, to the owner of the 71
premises from which the property was seized. 72
(3) If notice of intention to forfeit the seized property 73
administratively cannot be given as provided in subsection (2) of 74
this section because of refusal, failure to claim, insufficient 75
address or any other reason, the attorney for or representative of 76
the seizing law enforcement agency shall provide notice by 77
publication in a newspaper of general circulation in the county in 78
which the seizure occurred for once a week for three (3) 79
consecutive weeks. 80
(4) Notice pursuant to subsections (2) and (3) of this 81
section shall include the following information: 82
(a) A description of the property; 83
(b) The approximate value of the property; 84
(c) The date and place of the seizure; 85
(d) The instructions for filing a request for judicial 86
review; and 87
(e) A statement that the property will be forfeited to 88
the seizing agency if a request for judicial review is not timely 89
filed. 90
(5) Any person claiming an interest in property which is the 91
subject of a notice under this section may, within thirty (30) 92
days after receipt of the notice or of the date of the first 93
publication of the notice, file a petition to contest forfeiture 94
signed by the claimant in the county court, if a county court 95
H. B. No. 1345 *HR26/R2223* ~ OFFICIAL ~
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PAGE 5 (BS\KW)
ST: Cigarette and ENDS product; provide for
administrative forfeiture of for violation of
state directory laws.
exists, or otherwise in the circuit court of the county in which 96
the seizure is made or the county in which the criminal 97
prosecution is brought, in order to claim an interest in the 98
property. Upon the filing of the petition and the payment of the 99
filing fees, service of the petition shall be made on the attorney 100
for or representative of the seizing agency, and the proceedings 101
shall thereafter be governed by the rules of civil procedure. 102
(6) If no petition to contest forfeiture is timely filed, 103
the attorney for or any representative of the seizing agency, as 104
applicable, shall prepare a written declaration of forfeiture of 105
the subject property and the forfeited property shall be used, 106
distributed or disposed of in accordance with the provisions of 107
this chapter. 108
(7) The cost of the seizure, forfeiture and destruction must 109
be borne by the person from whom the cigarettes are confiscated. 110
SECTION 3. This act shall take effect and be in force from 111
and after January 1, 2026. 112