Mississippi Code
Miss. Code Ann. § 67-1-17 (2026)
Unlawful possession of alcoholic beverages; seizure and sale
✓ current as of July 2026
- (1) It shall be unlawful for any person to have or possess either alcoholic beverages or personal property intended for use in violating the provisions of this article, or regulations prescribed under this article, or Chapter 31 of Title 97, Mississippi Code of 1972. No property rights shall exist in any such personal property or alcoholic beverages. All such personal property and alcoholic beverages shall be considered contraband and shall be seized and forfeited to the state of Mississippi.
- (2) The following are subject to forfeiture:
- (a) All alcoholic beverages which have been manufactured, distilled, distributed, dispensed or acquired in violation of this article or Chapter 31 of Title 97, Mississippi Code of 1972;
- (b) 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 alcoholic beverage in violation of this article or Chapter 31 of Title 97, Mississippi Code of 1972;
- (c) All property which is used, or intended for use, as a container for property described in items (a) or (b) of this subsection;
- (d) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt, possession or concealment, of property described in item (a) of this subsection which is in excess of six (6) gallons or of property described in item (b) of this subsection; however,
- (i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article or Chapter 31 of Title 97, Mississippi Code of 1972;
- (ii) No conveyance is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the conveyance is a leased or rented conveyance, then the confiscating authority shall notify the owner of the conveyance within five (5) days of the confiscation; and
- (iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;
- (e) All money, deadly weapons, books, records and research products and materials, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this article or Chapter 31 of Title 97, Mississippi Code of 1972.
- (3) Property subject to forfeiture may be seized by the alcoholic beverage control division and its agents, local law enforcement officers, Mississippi Highway Patrol officers and other law enforcement personnel charged by Section 67-1-91, with enforcing the provisions of this article upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if:
- (a) The Seizure is incident to an arrest or a search under a search warrant or an administrative inspection under Section 67-1-37(k);
- (b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article or Chapter 31 of Article 97, Mississippi Code of 1972; or
- (c) The alcoholic beverage control division of the state tax commission and other law enforcement personnel described in this subsection have probable cause to believe that the property was used or is intended to be used in violation of this article or Chapter 31 of Article 97, Mississippi Code of 1972.
- (4) Alcoholic beverages and raw materials seized or detained under the authority of this article or Chapter 31 of Title 97, Mississippi Code of 1972, is deemed to be in the custody of the agent or agency so seizing the property and subject only to the orders and decrees of the court having jurisdiction over the property. When such property is seized it may be retained as evidence until final disposition of the cause in which such property is involved, and then the agent or agency so seizing the property shall physically transfer such alcoholic beverage or raw material to the director of the alcoholic beverage control division of the state tax commission together with an appropriate inventory of the items seized. Alcoholic beverages and raw materials seized or detained under the authority of this section shall be disposed of in accordance with the provisions of Section 67-1-18.
- (5) Any property other than alcoholic beverages and raw materials seized or detained pursuant to this article or Chapter 31 of Title 97, Mississippi Code of 1972, shall be deemed to be in the custody of the agent or agency so seizing the property and subject only to the orders and decrees of the court having jurisdiction over the property. When such property is seized it may be retained as evidence until the final disposition of the cause in which such property is involved. Property seized or detained other than alcoholic beverages or raw materials shall be disposed of in accordance with the provisions of Sections 67-1-93, 67-1-95 and 67-1-97.
Codes, 1942, § 10265-07; Laws, 1966, ch. 540, § 7; Laws, 1971, ch. 347, § 1; Laws, 1984, ch. 424, § 1, eff. 4/23/1984.
Notes of Decisions
Cited in 5
cases, 1977–1998 · leading case: Holladay v. Roberts, 425 F. Supp. 61 (N.D. Miss. 1977).
Holladay v. Roberts, 425 F. Supp. 61 (N.D. Miss. 1977). “The constitutionality of the procedures provided by the Mississippi statutes in question, Miss.Code Ann. §§ 67-1-17, and 99-27-11 and -13 (1972), 4 must be determined by the foregoing standards.”
Mississippi State Tax Comm'n v. One (1) 1984 Black Mercury Grand Marquis, 568 So. 2d 707 (Miss. 1990). “Williamson, presiding, denied the Commission’s motion for summary judgment and granted Waggoner’s motion to dismiss on the ground that the seizure provisions of Miss.Code Ann. § 67-1-17, 1972, as applied to the facts was an unreasonable seizure, and ordered that the vehicle be…”
Lamar Outdoor Advert., Inc. v. Mississippi State Tax Comm'n, 701 F.2d 314 (5th Cir. 1983). “; Miss.Code Ann. § 67-1-17 (1972). At the time of trial, thirty-five “dry” counties and four judicial districts in other counties had not voted to legalize liquor.”
One 1992 Toyota v. State, 721 So. 2d 609 (Miss. 1998). “1994) (reversing forfeiture in part because no such probable cause was shown); Miss.Code Ann. 67-1-17(3)(c)(1991) (requiring officers to have probable cause that properties were used or intended to be used in violation of the Local Option Alcoholic Beverage Control laws before…”
Toyota 4-Runner 1992 v. State of MS (Miss. 1994). “1994) (reversing forfeiture in part because no such probable cause was shown); Miss. Code Ann. 67-1-17(3)(c)(1991) (requiring officers to have probable cause that properties were used or intended to be used in violation of the Local Option Alcoholic Beverage Control laws before…”
— Miss. Code Ann. § 67-1-17(1) — 1 case
Mississippi State Tax Comm'n v. One (1) 1984 Black Mercury Grand Marquis, 568 So. 2d 707 (Miss. 1990). “Williamson, presiding, denied the Commission’s motion for summary judgment and granted Waggoner’s motion to dismiss on the ground that the seizure provisions of Miss.Code Ann. § 67-1-17, 1972, as applied to the facts was an unreasonable seizure, and ordered that the vehicle be…”
— Miss. Code Ann. § 67-1-17(3)(c)(1991) — 2 cases
One 1992 Toyota v. State, 721 So. 2d 609 (Miss. 1998). “1994) (reversing forfeiture in part because no such probable cause was shown); Miss.Code Ann. 67-1-17(3)(c)(1991) (requiring officers to have probable cause that properties were used or intended to be used in violation of the Local Option Alcoholic Beverage Control laws before…”
Toyota 4-Runner 1992 v. State of MS (Miss. 1994). “1994) (reversing forfeiture in part because no such probable cause was shown); Miss. Code Ann. 67-1-17(3)(c)(1991) (requiring officers to have probable cause that properties were used or intended to be used in violation of the Local Option Alcoholic Beverage Control laws before…”
— Miss. Code Ann. § 67-1-17(5) — 1 case
Mississippi State Tax Comm'n v. One (1) 1984 Black Mercury Grand Marquis, 568 So. 2d 707 (Miss. 1990). “Williamson, presiding, denied the Commission’s motion for summary judgment and granted Waggoner’s motion to dismiss on the ground that the seizure provisions of Miss.Code Ann. § 67-1-17, 1972, as applied to the facts was an unreasonable seizure, and ordered that the vehicle be…”
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