The war on drugs has resulted in some of the most extensive changes in criminal justice policy since the due process revolution of the 1960s. Asset forfeiture has been used as a criminal sanction but has been camouflaged as a civil procedure, thus in effect limiting the due process rights of the accused. The state has extended its control over citizens and has simultaneously weakened the rights of individuals to protect themselves against state intrusion. The potential for excess with a civil asset forfeiture policy absent adequate due process protections render this policy unacceptable in a society based on the rule of law. The authors recommend that the civil forfeiture of assets in drug cases be abolished. If asset forfeiture is to remain a component of the justice system's war on drugs, they recommend that it be invoked only after relevant criminal charges have been proven in court. The authors further recommend elimination of the provision in the Comprehensive Crime Control Act of 1984 that allows forfeiture of all real property which is used, or intended to be used, to violate the statute. State seizure of real property purchased with the proceeds of illegal drug transactions can be achieved under other statutes. Table, notes, references