§ 21-28-5.05 - Forfeiture of controlled substances, related materials and other property, equipment and records.
SECTION 21-28-5.05
§ 21-28-5.05 Forfeiture of controlledsubstances, related materials and other property, equipment and records. –(a) The following shall be subject to forfeiture to the state and no propertyright shall exist in them:
(1) All controlled substances manufactured, distributed,dispensed, or acquired in violation of this chapter.
(2) All raw materials, products, and equipment of any kindused, or intended for use, in manufacturing, compounding, processing,delivering, importing, or exporting any controlled substance in violation ofthis chapter.
(3) All property used, or intended for use, as a containerfor property described in subdivision (1) or (2) of this subsection, subject tothe limitations of § 21-28-5.04.
(4) All books, records and research, including formulas,microfilm, tapes, and data used, or intended for use, in violation of thischapter.
(5) All imitation controlled substances manufactured,distributed, or acquired in violation of this chapter.
(b) Property taken or detained under this section shall notbe repleviable, but shall be deemed to be in the custody of the law enforcementagency making the seizure. Whenever property is forfeited under this chapterthe law enforcement agency may:
(1) Retain the property for official use;
(2) Sell any forfeited property which is not required by thischapter to be destroyed and which is not harmful to the public, but theproceeds of the sale, after first deducting an amount sufficient for all properexpenses of the proceedings for forfeiture and sale, including expenses ofseizure, maintenance of custody, advertising, and court costs, shall be paid tothe general treasurer for the use of the state.