Missouri Revised Statutes
Chapter 195
Drug Regulations
←195.135
Section 195.140.1
195.140→
August 28, 2015
Beginning January 1, 2017--Forfeiture of controlled substances and drug paraphernalia, when--disposal--money, records in close proximity also forfeited, rebuttable presumption--procedure.
195.140. 1. All controlled substances, imitation controlled
substances or drug paraphernalia for the administration, use or manufacture
of controlled substances or imitation controlled substances and which have
come into the custody of a peace officer or officer or agent of the
department of health and senior services as provided by this chapter or
chapter 579, the lawful possession of which is not established or the title
to which cannot be ascertained after a hearing as prescribed in Rule 34 of
Rules of Criminal Procedure for the courts of Missouri or some other
appropriate hearing, shall be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court or
associate circuit judge having jurisdiction shall order such controlled
substances, imitation controlled substances, or drug paraphernalia
forfeited and destroyed. A record of the place where said controlled
substances, imitation controlled substances, or drug paraphernalia were
seized, of the kinds and quantities of controlled substances, imitation
controlled substances, or drug paraphernalia so destroyed, and of the time,
place and manner of destructions, shall be kept, and a return under oath,
reporting the destruction of the controlled substances, imitation
controlled substances, or drug paraphernalia shall be made to the court or
associate circuit judge;
(2) The department of health and senior services shall keep a
complete record of all controlled substances, imitation controlled
substances, or drug paraphernalia received and disposed of, together with
the dates of such receipt and disposal, showing the exact kinds,
quantities, and forms of such controlled substances, imitation controlled
substances, or drug paraphernalia; the persons from whom received and to
whom delivered; and by whose authority they were received, delivered or
destroyed; which record shall be open to inspection by all federal or state
officers charged with the enforcement of federal and state narcotic or
controlled substances laws.
2. (1) Everything of value furnished, or intended to be furnished,
in exchange for a controlled substance, imitation controlled substance or
drug paraphernalia in violation of this chapter or chapter 579, all
proceeds traceable to such an exchange, and all moneys, negotiable
instruments, or securities used, or intended to be used, to facilitate any
violation of this chapter or chapter 579, shall be forfeited, except that
no property shall be forfeited under this subsection to the extent of the
interest of an owner by reason of any act or omission established by him to
have been committed without his or her knowledge or consent.
(2) Any moneys, coin, or currency found in close proximity to
forfeitable controlled substances, imitation controlled substances, or drug
paraphernalia, or forfeitable records of the importation, manufacture, or
distribution of controlled substances, imitation controlled substances or
drug paraphernalia are presumed to be forfeitable under this subsection.
The burden of proof shall be upon claimants of the property to rebut this
presumption.
(3) All forfeiture proceedings shall be conducted pursuant to the
provisions of sections 513.600 to 513.653.
(RSMo 1939 § 9845, A.L. 1953 p. 628, A.L. 1971 H.B. 69, A.L.
1982 S.B. 522, A.L. 1993 S.B. 180, A.L. 2004 H.B. 1427,
A.L. 2014 S.B. 491)
Effective 1-01-17
(2014) To rebut presumption of forfeitability, defendant must allege
facts supporting conclusion that seized property found in close
proximity to controlled substance was not furnished, nor intended
to be furnished, in exchange for the controlled substance and
also was not used, nor intended to be used, to facilitate the
criminal activity. State ex rel. Wegge v. Schrameyer, 448 S.W.3d
301 (Mo.App.E.D.).
2004
1993
2004
195.140. 1. All controlled substances, imitation controlled substances
or drug paraphernalia for the administration, use or manufacture of
controlled substances or imitation controlled substances and which have come
into the custody of a peace officer or officer or agent of the department of
health and senior services as provided by sections 195.010 to 195.320, the
lawful possession of which is not established or the title to which cannot be
ascertained after a hearing as prescribed in Rule 34 of Rules of Criminal
Procedure for the courts of Missouri or some other appropriate hearing, shall
be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court or associate
circuit judge having jurisdiction shall order such controlled substances,
imitation controlled substances, or drug paraphernalia forfeited and
destroyed. A record of the place where said controlled substances, imitation
controlled substances, or drug paraphernalia were seized, of the kinds and
quantities of controlled substances, imitation controlled substances, or drug
paraphernalia so destroyed, and of the time, place and manner of destructions,
shall be kept, and a return under oath, reporting the destruction of the
controlled substances, imitation controlled substances, or drug paraphernalia
shall be made to the court or associate circuit judge;
(2) The department of health and senior services shall keep a complete
record of all controlled substances, imitation controlled substances, or drug
paraphernalia received and disposed of, together with the dates of such
receipt and disposal, showing the exact kinds, quantities, and forms of such
controlled substances, imitation controlled substances, or drug
paraphernalia; the persons from whom received and to whom delivered; and by
whose authority they were received, delivered or destroyed; which record
shall be open to inspection by all federal or state officers charged with the
enforcement of federal and state narcotic or controlled substances laws.
2. (1) Everything of value furnished, or intended to be furnished, in
exchange for a controlled substance, imitation controlled substance or drug
paraphernalia in violation of sections 195.010 to 195.320, all proceeds
traceable to such an exchange, and all moneys, negotiable instruments, or
securities used, or intended to be used, to facilitate any violation of
sections 195.010 to 195.320 shall be forfeited, except that no property shall
be forfeited under this subsection to the extent of the interest of an owner
by reason of any act or omission established by him to have been committed
without his knowledge or consent.
(2) Any moneys, coin, or currency found in close proximity to
forfeitable controlled substances, imitation controlled substances, or drug
paraphernalia, or forfeitable records of the importation, manufacture, or
distribution of controlled substances, imitation controlled substances or drug
paraphernalia are presumed to be forfeitable under this subsection. The
burden of proof shall be upon claimants of the property to rebut this
presumption.
(3) All forfeiture proceedings shall be conducted pursuant to the
provisions of sections 513.600 to 513.660*.
1993
195.140. 1. All controlled substances, imitation controlled substances
or drug paraphernalia for the administration, use or manufacture of controlled
substances or imitation controlled substances and which have come into the
custody of a peace officer or officer or agent of the department of health and
senior services as provided by sections 195.010 to 195.320, the lawful
possession of which is not established or the title to which cannot be
ascertained after a hearing as prescribed in Rule 34 of Rules of Criminal
Procedure for the courts of Missouri or some other appropriate hearing, shall
be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court or associate
circuit judge having jurisdiction shall order such controlled substances,
imitation controlled substances, or drug paraphernalia forfeited and
destroyed. A record of the place where said controlled substances, imitation
controlled substances, or drug paraphernalia were seized, of the kinds and
quantities of controlled substances, imitation controlled substances, or drug
paraphernalia so destroyed, and of the time, place and manner of destructions,
shall be kept, and a return under oath, reporting the destruction of the
controlled substances, imitation controlled substances, or drug paraphernalia
shall be made to the court or associate circuit judge and to the United States
Commissioner of Narcotics, by the officer who destroys them.
(2) Upon written application by the department of health and senior
services, the court or associate circuit judge by whom the forfeiture of such
controlled substances, imitation controlled substances, or drug paraphernalia
has been decreed may order the delivery of any of them, except heroin and its
salts and derivatives, to said department of health and senior services, for
distribution or destruction, as herein provided.
(3) Upon application by any hospital within this state, not operated for
private gain, the department of health and senior services may in its
discretion deliver any controlled substances, imitation controlled substances,
or drug paraphernalia for the use of controlled substances or imitation
controlled substances that have come into its custody by authority of this
section to the applicant for medicinal use. The department of health and
senior services may, from time to time, deliver excess stocks of such
controlled substances, imitation controlled substances, or drug paraphernalia
to the United States Commissioner of Narcotics, or may destroy them.
(4) The department of health and senior services shall keep a complete
record of all controlled substances, imitation controlled substances, or drug
paraphernalia received and disposed of, together with the dates of such
receipt and disposal, showing the exact kinds, quantities, and forms of such
controlled substances, imitation controlled substances, or drug paraphernalia;
the persons from whom received and to whom delivered; and by whose authority
they were received, delivered or destroyed; which record shall be open to
inspection by all federal or state officers charged with the enforcement of
federal and state narcotic or controlled substances laws.
2. (1) Everything of value furnished, or intended to be furnished, in
exchange for a controlled substance, imitation controlled substance or drug
paraphernalia in violation of sections 195.010 to 195.320, all proceeds
traceable to such an exchange, and all moneys, negotiable instruments, or
securities used, or intended to be used, to facilitate any violation of
sections 195.010 to 195.320 shall be forfeited, except that no property shall
be forfeited under this subsection to the extent of the interest of an owner
by reason of any act or omission established by him to have been committed
without his knowledge or consent.
(2) Any moneys, coin, or currency found in close proximity to
forfeitable controlled substances, imitation controlled substances, or drug
paraphernalia, or forfeitable records of the importation, manufacture, or
distribution of controlled substances, imitation controlled substances or drug
paraphernalia are presumed to be forfeitable under this subsection. The
burden of proof shall be upon claimants of the property to rebut this
presumption.
(3) All forfeiture proceedings shall be conducted pursuant to the
provisions of sections 513.600 to 513.660, RSMo.
Top
Missouri General Assembly
Copyright © Missouri Legislature, all rights reserved.
