Section 217-A:12 Enforcement.
I. Any peace officer shall have the authority to enforce this chapter, and may:
(a) Conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, or plants taken, possessed, transported, sold, offered for sale, bartered, shipped, or otherwise used in connection with any violation of this chapter.
(b) Arrest any person, without a warrant, who the officer has probable cause to believe is violating this chapter or any rule adopted under this chapter.
(c) At the time of arrest of any person in connection with any violation, search the person, premises, or business records and seize any plants, records, or property taken or used in connection with any alleged violation.
II. Any warrant for the arrest of a person shall be issued upon sworn complaint as in other criminal cases, and any search warrant shall be issued only upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched and the persons or things to be seized.
III. Equipment, merchandise, plants, or records seized under paragraph I shall be held by any peace officer pending disposition of court proceedings, and thereafter shall be forfeited to the state for disposition as the department may deem appropriate. The department may direct the transfer of plants so seized to a qualified biological or to a botanical, educational, or scientific institution for identification, safekeeping, and preservation for court proceedings. Upon conviction of the person or persons from whom the seizure was made, the court shall assess the costs of transfer and safekeeping on the convicted person and shall declare all plant materials seized forfeited to this state. Such items shall be deposited in a herbarium approved by the department, or, if alive, shall be used for scientific, propagative, or educational purposes or returned to their wild habitat.
Source. 1987, 220:1, eff. May 18, 1987.