§329-55  Forfeitures.  [Repeal andreenactment on July 1, 1996, by L 1993, c 196, §1, deleted by L 1996, c 104,§6.]  (a)  The following are subject to forfeiture according to the proceduresset forth in the Penal Code:

(1)  All controlled substances and anabolic steroidswhich have been manufactured, cultivated, grown, distributed, dispensed, oracquired in violation of this chapter;

(2)  All raw materials, products, and equipment of anykind which are used, or intended for use, in manufacturing, cultivating,growing, compounding, processing, delivering, importing, or exporting anycontrolled substance or anabolic steroid in violation of this chapter;

(3)  All property which is used, or intended for use,as a container for property described in paragraph (1) or (2);

(4)  All conveyances, including aircraft, vehicles, orvessels which are used or intended for use, to transport, or in any manner tofacilitate the transportation, for the purpose of sale, delivery or receipt ofproperty described in paragraph (1) or (2), subject to the provisions ofchapter 712A;

(5)  All books, records, and research products andmaterials, including formulas, microfilms, tapes, and data which are used, orintended for use, in violation of this chapter;

(6)  All moneys, negotiable instruments, securities,or other things of value furnished or intended to be furnished by any person inexchange for a controlled substance or anabolic steroid in violation of thischapter, all proceeds traceable to such an exchange, and all moneys, negotiableinstruments, and securities used or intended to be used to facilitate anyviolation of this chapter, subject to the provisions of chapter 712A;

(7)  All firearms which are visible, carried during,or used in furtherance of a violation of this chapter or chapter 712, part IV;and

(8)  All drug paraphernalia as defined by section329-1.

(b)  Property subject to forfeiture under thischapter may be seized in accordance with the provisions of chapter 712A.

(c)  Controlled substances listed in Schedule Ithat are possessed, transferred, sold, or offered for sale in violation of thischapter are contraband and shall be seized and summarily forfeited to theState.  Controlled substances listed in Schedule I, which are seized or comeinto the possession of the State, the owners of which are unknown, arecontraband and shall be summarily forfeited to the State.

(d)  Species of plants from which controlledsubstances in Schedules I and II may be derived which have been planted orcultivated in violation of this chapter, or of which the owners or cultivatorsare unknown, or which are wild growths, may be seized and summarily forfeitedto the State.

(e)  The failure, upon demand by the departmentof public safety, or its authorized agent, of the person in occupancy or incontrol of land or premises upon which the species of plants are growing orbeing stored, to produce an appropriate registration, or proof that the personis the holder thereof, constitutes authority for the seizure and forfeiture ofthe plants. [L 1972, c 10, pt of §1; am L 1977, c 120, §1; am L 1980, c 216,§1; am L 1983, c 90, §1; am L 1985, c 150, §5; gen ch 1985; am L 1986, c 214,§8; am L 1988, c 259, §3 and c 260, §3; am L 1990, c 168, §3 and c 281, §10]