13-3413 - Forfeiture and disposition of drugs and evidence
13-3413. Forfeiture and disposition of drugs
and evidence
A. The following items used or intended for use in violation of this chapter are
subject to seizure and forfeiture pursuant to chapter 39 of this title:
1. Property, equipment, containers, chemicals, materials, money, books, records,
research products, formulas, microfilm, tapes and data.
2. Vapor-releasing substances containing a toxic substance.
3. Vehicles to transport or in any manner facilitate the transportation, sale or
receipt of, or in which is contained or possessed, any item or drug, except as provided
in chapter 39 of this title.
B. The following property is subject to seizure and forfeiture pursuant to chapter
39 of this title:
1. All proceeds traceable to an offense that is included in this chapter and that
is committed for financial gain.
2. All proceeds seized in this state and traceable to an offense that:
(a) Is chargeable or indictable under the laws of the state in which the offense
occurred and, if the offense occurred in a state other than this state, would be
chargeable or indictable under this chapter if the offense occurred in this state.
(b) Is punishable by imprisonment for more than one year.
(c) Involves prohibited drugs, marijuana or other prohibited chemicals or
substances.
(d) Is committed for financial gain.
C. Peyote, dangerous drugs, prescription-only drugs, marijuana, narcotic drugs and
plants from which such drugs may be derived which are seized in connection with any
violation of this chapter or which come into the possession of a law enforcement agency
are summarily forfeited.
D. When seizures of marijuana are made in excess of ten pounds or seizures of any
other substance specified in subsection C of this section are made in excess of one pound
in connection with any violation of this chapter the responsible law enforcement agency
may retain ten pounds of the marijuana or one pound of the other substance randomly
selected from the seized quantity for representation purposes as evidence. The agency
may destroy the remainder of the seized marijuana or substance. Before any destruction
is carried out, the responsible law enforcement agency shall photograph the material
seized with identifying case numbers or other means of identification and prepare a
report, identifying the seized material. The responsible law enforcement agency shall
notify in writing any person arrested for a violation of this chapter or the attorney for
the person at least twenty-four hours in advance that such photography will take place
and that such person or the person's attorney may be present at such photographing of the
seized material. In addition to the amount of marijuana or other substance retained for
representation purposes as evidence, all photographs and records made under this section
and properly identified are admissible in any court proceeding for any purpose for which
the seized marijuana or substance itself would be admissible. Evidence retained after
trial shall be disposed of pursuant to the rules of criminal procedure, rule 28.
E. If a seizure is made of chemicals used for the manufacture of a narcotic drug or
dangerous drug as defined by section 13-3401 in connection with a violation of this
title, the seizing agency may apply to a magistrate or superior court judge in the
application for the search warrant or as soon as reasonable after the seizure for an
order allowing the proper disposal or destruction of the substances, on a showing to the
magistrate or superior court judge by affidavit of both of the following:
1. The substances pose a significant safety hazard to life or property because of
their explosive, flammable, poisonous or otherwise toxic nature.
2. No adequate and safe storage facility is reasonably available to the seizing
agency.
F. On a proper showing pursuant to subsection E of this section, the magistrate or
superior court judge shall order the substances to be properly destroyed if the
containers are first photographed. In addition the magistrate or superior court judge
may order that the chemicals be sampled and the samples preserved, unless the court finds
either:
1. Sampling would be unnecessary or unsafe.
2. The chemicals are in labeled or factory sealed containers.
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