124.506A - LARGE SEIZURE OF A CONTROLLED SUBSTANCE -- EVIDENCE AND DISPOSAL.
124.506A LARGE SEIZURE OF A CONTROLLED SUBSTANCE --
EVIDENCE AND DISPOSAL.
1. Notwithstanding the provisions of section 124.506, if more
than ten pounds of marijuana or more than one pound of any other
controlled substance is seized as a result of a violation of this
chapter, the law enforcement agency responsible for retaining the
seized controlled substance may destroy the seized controlled
substance if the law enforcement agency retains at least ten pounds
of the marijuana seized or at least one pound of any other controlled
substance seized for evidence purposes.
2. Prior to the destruction of any controlled substance under
this section, the law enforcement agency shall photograph the
controlled substance to be destroyed with identifying case numbers or
any other case identifiers and prepare a written report detailing any
relevant information about the destruction of the controlled
substance. At least thirty days prior to any destruction of a
controlled substance, the law enforcement agency destroying the
controlled substance shall notify in writing any person arrested in
connection with the seizure, the attorney of the person if
represented, and any other attorney of record including the
prosecuting attorney, and the law enforcement agency that made the
arrest if the agency is different than the law enforcement agency
responsible for retaining the seized controlled substance, that the
law enforcement agency is planning to photograph and destroy part of
the controlled substance seized, and any person or agency notified
may be present at the photographing of the controlled substance to be
destroyed.
3. Any person or agency notified about the destruction of part of
the controlled substance seized, or any other interested party, may
file an application with the district court resisting the destruction
of any of the controlled substance.
4. A rebuttable presumption is created that the portion of any
controlled substance retained for representation purposes as evidence
and all photographs and records made under this section and properly
identified are admissible in any court proceeding for any purpose for
which the destroyed controlled substance would have been admissible.
Section History: Recent Form
2006 Acts, ch 1027, §1; 2006 Acts, ch 1185, § 119