§ 22-315. Forfeiture, seizure of property.

(a)

The following are subject to forfeiture:

(1)

All drug paraphernalia or simulated controlled substances.

(2)

All controlled substances which have been manufactured, possessed, distributed, dispensed or acquired in violation of this division or the Uniform Controlled Substances Act.

(3)

All raw materials, products and equipment of any kind which are used or intended for use in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of this division or the Uniform Controlled Substances Act.

(4)

All property which is used or intended for use as a container for property described in subsections (a)(1)—(a)(3) of this section.

(5)

All books, records and research products and materials, including formulas, microfilm, tapes and data which are used or intended for use in violation of this chapter or the Uniform Controlled Substances Act.

(6)

Everything of value furnished, or intended to be furnished, in exchange for a controlled substance in violation of this division or the Uniform Controlled Substances Act, 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 or the Uniform Controlled Substances Act, except that no property shall be forfeited under this subsection, to the extent of the interest of an owner, by reason of any act or omission established by the owner to have been committed or omitted without the owner's knowledge or consent. All moneys, coin and currency found in close proximity to forfeitable controlled substances, to forfeitable drug manufacturing or distributing paraphernalia or to forfeitable records of the importation, manufacture, possession, or disposition of controlled substances, are presumed to be forfeitable under this subsection. The burden of proof shall be upon claimants of the property to rebut this presumption.

(b)

Property subject to forfeiture under this section may be seized by a law enforcement officer upon process issued by any court having jurisdiction over the property.

(c)

In the event of seizure pursuant to subsection (b) of this section, proceedings under subsection (d) of this section shall be instituted promptly.

(d)

Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the police department seizing it, subject only to the orders of the court having jurisdiction over the forfeiture proceedings. When property is seized under this section, the law enforcement agency seizing it may:

(1)

Place the property under seal;

(2)

Remove the property to a place designated by it; or

(3)

Require the state board of pharmacy to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(e)

When property is forfeited under this section, the police department may:

(1)

Retain it for official use;

(2)

Sell that which is not required to be destroyed by law and which is not harmful to the public, with the proceeds to be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. The proceeds from such sale and any moneys forfeited under this section remaining after payment of such expenses shall be transferred to the special law enforcement trust fund or other agency treasury;

(3)

Transfer it for medical or scientific use to any other governmental agency;

(4)

Forward it to the state bureau of investigation for disposition.

(f)

Species of plants from which controlled substances may be derived which have been planted or cultivated in violation of this division or of which the owners or cultivators are unknown or which are wild growths may be seized and summarily forfeited to the unified government or state.

(g)

The failure, upon demand by the law enforcement agency having jurisdiction, of the person in occupancy or in control of land or premises upon which the species of plants described in subsection (f) of this section are growing or being stored, to produce an appropriate registration or proof that such person is the holder thereof constitutes authority for the seizure and forfeiture of the plants.

(Code 1964, § 23-34.2(e); Code 1988, § 22-247; Ord. No. 62235, §§ 1, 2, 11-13-1980; Ord. No. 63622, §§ 1—6, 12-21-1981; Ord. No. 65498, § 68, 1-4-1990)