ยง329-55 - Forfeitures.
ยง329-55ย Forfeitures.ย [Repeal and
reenactment on July 1, 1996, by L 1993, c 196, ยง1, deleted by L 1996, c 104,
ยง6.]ย (a)ย The following are subject to forfeiture according to the procedures
set forth in the Penal Code:
(1)ย All controlled substances and anabolic steroids
which have been manufactured, cultivated, grown, distributed, dispensed, or
acquired in violation of this chapter;
(2)ย All raw materials, products, and equipment of any
kind which are used, or intended for use, in manufacturing, cultivating,
growing, compounding, processing, delivering, importing, or exporting any
controlled substance or anabolic steroid in violation of this chapter;
(3)ย All property which is used, or intended for use,
as a container for property described in paragraph (1) or (2);
(4)ย All conveyances, including aircraft, vehicles, or
vessels which are used or intended for use, to transport, or in any manner to
facilitate the transportation, for the purpose of sale, delivery or receipt of
property described in paragraph (1) or (2), subject to the provisions of
chapter 712A;
(5)ย All books, records, and research products and
materials, including formulas, microfilms, tapes, and data which are used, or
intended for use, in violation of this chapter;
(6)ย All moneys, negotiable instruments, securities,
or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance or anabolic steroid in violation of this
chapter, all proceeds traceable to such an exchange, and all moneys, negotiable
instruments, and securities used or intended to be used to facilitate any
violation of this chapter, subject to the provisions of chapter 712A;
(7)ย All firearms which are visible, carried during,
or used in furtherance of a violation of this chapter or chapter 712, part IV;
and
(8)ย All drug paraphernalia as defined by section
329-1.
(b)ย Property subject to forfeiture under this
chapter may be seized in accordance with the provisions of chapter 712A.
(c)ย Controlled substances listed in Schedule I
that are possessed, transferred, sold, or offered for sale in violation of this
chapter are contraband and shall be seized and summarily forfeited to the
State.ย Controlled substances listed in Schedule I, which are seized or come
into the possession of the State, the owners of which are unknown, are
contraband and shall be summarily forfeited to the State.
(d)ย Species of plants from which controlled
substances in Schedules I and II may be derived which have been planted or
cultivated in violation of this chapter, or of which the owners or cultivators
are unknown, or which are wild growths, may be seized and summarily forfeited
to the State.
(e)ย The failure, upon demand by the department
of public safety, or its authorized agent, of the person in occupancy or in
control of land or premises upon which the species of plants are growing or
being stored, to produce an appropriate registration, or proof that the person
is the holder thereof, constitutes authority for the seizure and forfeiture of
the plants. [L 1972, c 10, pt of ยง1; am L 1977, c 120, ยง1; am L 1980, c 216,
ยง1; am L 1983, c 90, ยง1; am L 1985, c 150, ยง5; gen ch 1985; am L 1986, c 214,
ยง8; am L 1988, c 259, ยง3 and c 260, ยง3; am L 1990, c 168, ยง3 and c 281, ยง10]