PERRETTA, J.
This civil action, seeking an order of forfeiture under G.L.c. 94C, § 47(d), was commenced in 1988. At that time the statute required the Commonwealth to prove "all material facts by a preponderance of the evidence." The statute was amended by St. 1989, c. 653, § 79, to provide that the "[C]ommonwealth shall have the burden of proving to the court the existence of probable cause to institute the action...." After trial in 1991, a Superior...
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