Section: 195.0140 Beginning January 1, 2017--Forfeiture of controlled substances and drug paraphernalia, when--disposal--money, records in close proximity also forfeited, rebuttable presumption--procedure. RSMO 195.140


Published: 2015

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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.



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