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To: Finance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Boyd
SENATE BILL NO. 2873
AN ACT TO CREATE NEW SECTION 75-101-7.1, MISSISSIPPI CODE OF 1
1972, TO PROVIDE ADMINISTRATIVE FORFEITURE PROCEDURES FOR 2
CIGARETTES; TO CREATE NEW SECTION 75-102-3, MISSISSIPPI CODE OF 3
1972, TO PROVIDE ADMINISTRATIVE FORFEITURE PROCEDURES FOR ENDS 4
PRODUCTS; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. The following shall be codified as Section 7
75-101-7.1, Mississippi Code of 1972: 8
75-101-7.1. (1) When any cigarette, the value of which does 9
not exceed Twenty Thousand Dollars ($20,000.00), is seized under 10
this chapter, the property may be forfeited by the administrative 11
forfeiture procedures provided for in this section. 12
(2) The attorney for or any representative of the seizing 13
agency shall provide notice of intention to forfeit the seized 14
property administratively, either by certified mail, return 15
receipt requested, or by personal delivery, to the owner of the 16
premises from which the property was seized. 17
(3) If notice of intention to forfeit the seized property 18
administratively cannot be given as provided in subsection (2) of 19
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this section because of refusal, failure to claim, insufficient 20
address or any other reason, the attorney for or representative of 21
the seizing law enforcement agency shall provide notice by 22
publication in a newspaper of general circulation in the county in 23
which the seizure occurred for once a week for three (3) 24
consecutive weeks. 25
(4) Notice pursuant to subsections (2) and (3) of this 26
section shall include the following information: 27
(a) A description of the property; 28
(b) The approximate value of the property; 29
(c) The date and place of the seizure; 30
(d) The instructions for filing a request for judicial 31
review; and 32
(e) A statement that the property will be forfeited to 33
the seizing agency if a request for judicial review is not timely 34
filed. 35
(5) Any person claiming an interest in property which is the 36
subject of a notice under this section may, within thirty (30) 37
days after receipt of the notice or of the date of the first 38
publication of the notice, file a petition to contest forfeiture 39
signed by the claimant in the county court, if a county court 40
exists, or otherwise in the circuit court of the county in which 41
the seizure is made or the county in which the criminal 42
prosecution is brought, in order to claim an interest in the 43
property. Upon the filing of the petition and the payment of the 44
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filing fees, service of the petition shall be made on the attorney 45
for or representative of the seizing agency, and the proceedings 46
shall thereafter be governed by the rules of civil procedure. 47
(6) If no petition to contest forfeiture is timely filed, 48
the attorney for or any representative of the seizing agency, as 49
applicable, shall prepare a written declaration of forfeiture of 50
the subject property and the forfeited property shall be used, 51
distributed, or disposed of in accordance with this chapter. 52
(7) The cost of the seizure, forfeiture and destruction must 53
be borne by the person from whom the cigarettes are confiscated. 54
SECTION 2. The following shall be codified as Section 55
75-102-3, Mississippi Code of 1972: 56
75-102-3. (1) When any ENDS product, the value of which 57
does not exceed Twenty Thousand Dollars ($20,000.00), is seized 58
under this chapter, the property may be forfeited by the 59
administrative forfeiture procedures provided for in this section. 60
(2) The attorney for or any representative of the seizing 61
agency shall provide notice of intention to forfeit the seized 62
property administratively, either by certified mail, return 63
receipt requested, or by personal delivery, to the owner of the 64
premises from which the property was seized. 65
(3) If notice of intention to forfeit the seized property 66
administratively cannot be given as provided in subsection (2) of 67
this section because of refusal, failure to claim, insufficient 68
address or any other reason, the attorney for or representative of 69
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the seizing law enforcement agency shall provide notice by 70
publication in a newspaper of general circulation in the county in 71
which the seizure occurred for once a week for three (3) 72
consecutive weeks. 73
(4) Notice pursuant to subsections (2) and (3) of this 74
section shall include the following information: 75
(a) A description of the property; 76
(b) The approximate value of the property; 77
(c) The date and place of the seizure; 78
(d) The instructions for filing a request for judicial 79
review; and 80
(e) A statement that the property will be forfeited to 81
the seizing agency if a request for judicial review is not timely 82
filed. 83
(5) Any person claiming an interest in property which is the 84
subject of a notice under this section may, within thirty (30) 85
days after receipt of the notice or of the date of the first 86
publication of the notice, file a petition to contest forfeiture 87
signed by the claimant in the county court, if a county court 88
exists, or otherwise in the circuit court of the county in which 89
the seizure is made or the county in which the criminal 90
prosecution is brought, in order to claim an interest in the 91
property. Upon the filing of the petition and the payment of the 92
filing fees, service of the petition shall be made on the attorney 93
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ST: Cigarettes and ENDS products; provide
administrative forfeiture procedures for.
for or representative of the seizing agency, and the proceedings 94
shall thereafter be governed by the rules of civil procedure. 95
(6) If no petition to contest forfeiture is timely filed, 96
the attorney for or any representative of the seizing agency, as 97
applicable, shall prepare a written declaration of forfeiture of 98
the subject property and the forfeited property shall be used, 99
distributed, or disposed of in accordance with this chapter. 100
(7) The cost of such seizure, forfeiture, and destruction 101
shall be borne by the person from whom the ENDS products are 102
confiscated. 103
SECTION 3. This act shall take effect and be in force from 104
and after July 1, 2026. 105