TITLE 21
Food And Drugs
CHAPTER 21-28
Uniform Controlled Substances Act
ARTICLE 21-28-5.01
Powers of Enforcement Personnel
SECTION 21-28-5.05
§ 21-28-5.05 Forfeiture of controlled
substances, related materials and other property, equipment and records.
(a) The following shall be subject to forfeiture to the state and no property
right shall exist in them:
(1) All controlled substances manufactured, distributed,
dispensed, or acquired in violation of this chapter.
(2) All raw materials, products, and equipment of any kind
used, or intended for use, in manufacturing, compounding, processing,
delivering, importing, or exporting any controlled substance in violation of
this chapter.
(3) All property used, or intended for use, as a container
for property described in subdivision (1) or (2) of this subsection, subject to
the limitations of § 21-28-5.04.
(4) All books, records and research, including formulas,
microfilm, tapes, and data used, or intended for use, in violation of this
chapter.
(5) All imitation controlled substances manufactured,
distributed, or acquired in violation of this chapter.
(b) Property taken or detained under this section shall not
be repleviable, but shall be deemed to be in the custody of the law enforcement
agency making the seizure. Whenever property is forfeited under this chapter
the law enforcement agency may:
(1) Retain the property for official use;
(2) Sell any forfeited property which is not required by this
chapter to be destroyed and which is not harmful to the public, but the
proceeds of the sale, after first deducting an amount sufficient for all proper
expenses of the proceedings for forfeiture and sale, including expenses of
seizure, maintenance of custody, advertising, and court costs, shall be paid to
the general treasurer for the use of the state.
History of Section.
(P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 2002, ch.
292, § 54.)
