§ 19.2-386.23. Disposal of seized controlled substances, marijuana andparaphernalia.
A. All controlled substances, imitation controlled substances, marijuana orparaphernalia, the lawful possession of which is not established or the titleto which cannot be ascertained, which have come into the custody of a peaceofficer or have been seized in connection with violations of Chapter 7 (§18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of asfollows:
1. Upon written application by the Department of Forensic Science the courtmay order the forfeiture of any such substance or paraphernalia to theDepartment for research and training purposes and for destruction pursuant toregulations of the United States Department of Justice Drug EnforcementAdministration and of the Board of Pharmacy once these purposes have beenfulfilled.
2. In the event no application is made under subdivision 1 of thissubsection, the court shall order the destruction of all such substances orparaphernalia, which order shall state the existence and nature of thesubstance or paraphernalia, the quantity thereof, the location where seized,the person or persons from whom the substance or paraphernalia was seized, ifknown, and the manner whereby such item shall be destroyed. However, thecourt may order that paraphernalia identified in subdivision 5 of §18.2-265.1 not be destroyed and that it be given to a person or entity thatmakes a showing to the court of sufficient need for the property and anability to put the property to a lawful and publicly beneficial use. A returnunder oath, reporting the time, place and manner of destruction shall be madeto the court and to the Board of Pharmacy by the officer to whom the order isdirected. A copy of the order and affidavit shall be made a part of therecord of any criminal prosecution in which the substance or paraphernaliawas used as evidence and shall, thereafter, be prima facie evidence of itscontents. In the event a law-enforcement agency recovers, seizes, finds, isgiven or otherwise comes into possession of any such substances orparaphernalia that are not evidence in a trial in the Commonwealth, the chieflaw-enforcement officer of the agency or his designee may, with the writtenconsent of the appropriate attorney for the Commonwealth, order destructionof same; provided that, a statement under oath, reporting a description ofthe substances and paraphernalia destroyed, and the time, place and manner ofdestruction is made to the chief law-enforcement officer and to the Board ofPharmacy by the officer to whom the order is directed.
B. No such substance or paraphernalia used or to be used in a criminalprosecution under Chapter 7 (§ 18.2-247 et seq.) of Title 18.2 shall bedisposed of as provided by this section until all rights of appeal have beenexhausted, except as provided in § 19.2-386.24.
(Code 1950, § 54-524.101:5; 1973, c. 470; 1974, c. 113; 1975, cc. 14, 15,607, § 18.2-253; 1979, cc. 435, 646; 1982, c. 462; 1990, c. 825; 1995, c.578; 2001, c. 195; 2004, c. 995; 2005, cc. 868, 881; 2006, c. 107.)
§ 19.2-386.23. Disposal of seized controlled substances, marijuana andparaphernalia.
A. All controlled substances, imitation controlled substances, marijuana orparaphernalia, the lawful possession of which is not established or the titleto which cannot be ascertained, which have come into the custody of a peaceofficer or have been seized in connection with violations of Chapter 7 (§18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of asfollows:
1. Upon written application by the Department of Forensic Science the courtmay order the forfeiture of any such substance or paraphernalia to theDepartment for research and training purposes and for destruction pursuant toregulations of the United States Department of Justice Drug EnforcementAdministration and of the Board of Pharmacy once these purposes have beenfulfilled.
2. In the event no application is made under subdivision 1 of thissubsection, the court shall order the destruction of all such substances orparaphernalia, which order shall state the existence and nature of thesubstance or paraphernalia, the quantity thereof, the location where seized,the person or persons from whom the substance or paraphernalia was seized, ifknown, and the manner whereby such item shall be destroyed. However, thecourt may order that paraphernalia identified in subdivision 5 of §18.2-265.1 not be destroyed and that it be given to a person or entity thatmakes a showing to the court of sufficient need for the property and anability to put the property to a lawful and publicly beneficial use. A returnunder oath, reporting the time, place and manner of destruction shall be madeto the court and to the Board of Pharmacy by the officer to whom the order isdirected. A copy of the order and affidavit shall be made a part of therecord of any criminal prosecution in which the substance or paraphernaliawas used as evidence and shall, thereafter, be prima facie evidence of itscontents. In the event a law-enforcement agency recovers, seizes, finds, isgiven or otherwise comes into possession of any such substances orparaphernalia that are not evidence in a trial in the Commonwealth, the chieflaw-enforcement officer of the agency or his designee may, with the writtenconsent of the appropriate attorney for the Commonwealth, order destructionof same; provided that, a statement under oath, reporting a description ofthe substances and paraphernalia destroyed, and the time, place and manner ofdestruction is made to the chief law-enforcement officer and to the Board ofPharmacy by the officer to whom the order is directed.
B. No such substance or paraphernalia used or to be used in a criminalprosecution under Chapter 7 (§ 18.2-247 et seq.) of Title 18.2 shall bedisposed of as provided by this section until all rights of appeal have beenexhausted, except as provided in § 19.2-386.24.
(Code 1950, § 54-524.101:5; 1973, c. 470; 1974, c. 113; 1975, cc. 14, 15,607, § 18.2-253; 1979, cc. 435, 646; 1982, c. 462; 1990, c. 825; 1995, c.578; 2001, c. 195; 2004, c. 995; 2005, cc. 868, 881; 2006, c. 107.)
§ 19.2-386.23. Disposal of seized controlled substances, marijuana andparaphernalia.
A. All controlled substances, imitation controlled substances, marijuana orparaphernalia, the lawful possession of which is not established or the titleto which cannot be ascertained, which have come into the custody of a peaceofficer or have been seized in connection with violations of Chapter 7 (§18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of asfollows:
1. Upon written application by the Department of Forensic Science the courtmay order the forfeiture of any such substance or paraphernalia to theDepartment for research and training purposes and for destruction pursuant toregulations of the United States Department of Justice Drug EnforcementAdministration and of the Board of Pharmacy once these purposes have beenfulfilled.
2. In the event no application is made under subdivision 1 of thissubsection, the court shall order the destruction of all such substances orparaphernalia, which order shall state the existence and nature of thesubstance or paraphernalia, the quantity thereof, the location where seized,the person or persons from whom the substance or paraphernalia was seized, ifknown, and the manner whereby such item shall be destroyed. However, thecourt may order that paraphernalia identified in subdivision 5 of §18.2-265.1 not be destroyed and that it be given to a person or entity thatmakes a showing to the court of sufficient need for the property and anability to put the property to a lawful and publicly beneficial use. A returnunder oath, reporting the time, place and manner of destruction shall be madeto the court and to the Board of Pharmacy by the officer to whom the order isdirected. A copy of the order and affidavit shall be made a part of therecord of any criminal prosecution in which the substance or paraphernaliawas used as evidence and shall, thereafter, be prima facie evidence of itscontents. In the event a law-enforcement agency recovers, seizes, finds, isgiven or otherwise comes into possession of any such substances orparaphernalia that are not evidence in a trial in the Commonwealth, the chieflaw-enforcement officer of the agency or his designee may, with the writtenconsent of the appropriate attorney for the Commonwealth, order destructionof same; provided that, a statement under oath, reporting a description ofthe substances and paraphernalia destroyed, and the time, place and manner ofdestruction is made to the chief law-enforcement officer and to the Board ofPharmacy by the officer to whom the order is directed.
B. No such substance or paraphernalia used or to be used in a criminalprosecution under Chapter 7 (§ 18.2-247 et seq.) of Title 18.2 shall bedisposed of as provided by this section until all rights of appeal have beenexhausted, except as provided in § 19.2-386.24.
(Code 1950, § 54-524.101:5; 1973, c. 470; 1974, c. 113; 1975, cc. 14, 15,607, § 18.2-253; 1979, cc. 435, 646; 1982, c. 462; 1990, c. 825; 1995, c.578; 2001, c. 195; 2004, c. 995; 2005, cc. 868, 881; 2006, c. 107.)
