124.506 - CONTROLLED SUBSTANCES -- DISPOSAL.
124.506 CONTROLLED SUBSTANCES -- DISPOSAL.
All controlled substances, the lawful possession of which is not
established or the title to which cannot be ascertained, or excess or
undesired controlled substances, which have come into the custody of
the board, the department, or any peace officer, shall be disposed of
as follows:
1. Except as otherwise provided in this section, the court having
jurisdiction shall order such controlled substances forfeited and
destroyed. A record of the place where the controlled substances
were seized, of the kinds and quantities of controlled substances so
destroyed, and of the time, place, and manner of destruction, shall
be kept for not less than ten years after destruction, and a return
under oath, reporting said destruction, shall be made to the court.
2. Upon written application by the board, the court by whom the
forfeiture of controlled substances has been decreed may order the
delivery of any of them, except controlled substances listed in
schedule I, to the board for distribution or destruction, as provided
by this section.
3. Upon a request of any law enforcement agency, the court may
order that a portion of a controlled substance subject to forfeiture
and destruction pursuant to this section becomes the possession of
the requesting law enforcement agency for the sole purpose of canine
controlled substance detection training. A law enforcement agency
receiving a controlled substance pursuant to this subsection shall do
the following:
a. Establish a policy that includes reasonable controls
regarding the possession, storage, use, and destruction of the
controlled substance.
b. Retain a record of the following for at least ten years
from the date the controlled substance is destroyed:
(1) The court order granting the law enforcement agency
possession of the controlled substance.
(2) The name of each peace officer who takes possession of the
controlled substance.
(3) The time, place, and manner of the destruction of the
controlled substance.
4. Upon application by any hospital within this state, not
operated for private gain, the board may in its discretion deliver
any controlled substances that have come into its custody by
authority of this section to the applicant for medicinal use. The
board may from time to time deliver excess stocks of controlled
substances to the bureau for disposition, or may destroy the excess
controlled substances.
5. The board shall keep a full and complete record of all
controlled substances received and disposed of, showing the exact
kinds, quantities, and forms of controlled substances, the persons
from whom received and to whom delivered, by whose authority
received, delivered, and destroyed and the dates of the receipt,
disposal, or destruction, which record shall be open to inspection by
all federal or state officers charged with the enforcement of federal
and state laws relating to any controlled substance. Section History: Early Form
[C39, § 3169.14; C46, 50, 54, 58, 62, § 204.15; C66, 71, §
204.14; C73, 75, 77, 79, 81, § 204.506] Section History: Recent Form
C93, § 124.506
2009 Acts, ch 24, §2, 3
Referred to in § 124.506A, 809A.17