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NARCOTIC NEWS
Drug Law in Arizona 13-3413
Drug Law in Arizona 13-3413
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Forfeiture and disposition of drugs and evidence
A. The following items used or intended for use in violation of this chapter are
subject to seizure and forfeiture pursuant to chapter 39 of this title:
1. Property, equipment, containers, chemicals, materials, money, books,
records, research products, formulas, microfilm, tapes and data.
2. Vapor-releasing substances containing a toxic substance.
3. Vehicles to transport or in any manner facilitate the transportation, sale or
receipt of, or in which is contained or possessed, any item or drug, except as
provided in chapter 39 of this title.
B. The following property is subject to seizure and forfeiture pursuant to chapter
39 of this title:
1. All proceeds traceable to an offense that is included in this chapter and that
is committed for financial gain.
2. All proceeds seized in this state and traceable to an offense that:
(a) Is chargeable or indictable under the laws of the state in which the offense
occurred and, if the offense occurred in a state other than this state, would be
chargeable or indictable under this chapter if the offense occurred in this state.
(b) Is punishable by imprisonment for more than one year.
(c) Involves prohibited drugs, marijuana or other prohibited chemicals or
substances.
(d) Is committed for financial gain.
C. Peyote, dangerous drugs, prescription-only drugs, marijuana, narcotic drugs
and plants from which such drugs may be derived which are seized in
connection with any violation of this chapter or which come into the possession
of a law enforcement agency are summarily forfeited.
D. When seizures of marijuana are made in excess of ten pounds or seizures
of any other substance specified in subsection C of this section are made in
excess of one pound in connection with any violation of this chapter the
responsible law enforcement agency may retain ten pounds of the marijuana
or one pound of the other substance randomly selected from the seized
quantity for representation purposes as evidence. The agency may destroy the
remainder of the seized marijuana or substance. Before any destruction is
carried out, the responsible law enforcement agency shall photograph the
material seized with identifying case numbers or other means of identification
and prepare a report, identifying the seized material. The responsible law
enforcement agency shall notify in writing any person arrested for a violation of
this chapter or the attorney for the person at least twenty-four hours in advance
that such photography will take place and that such person or the person's
attorney may be present at such photographing of the seized material. In
addition to the amount of marijuana or other substance retained for
representation purposes as evidence, all photographs and records made
under this section and properly identified are admissible in any court
proceeding for any purpose for which the seized marijuana or substance itself
would be admissible. Evidence retained after trial shall be disposed of
pursuant to the rules of criminal procedure, rule 28.
E. If a seizure is made of chemicals used for the manufacture of a narcotic drug
or dangerous drug as defined by section 13-3401 in connection with a violation
of this title, the seizing agency may apply to a magistrate or superior court judge
in the application for the search warrant or as soon as reasonable after the
seizure for an order allowing the proper disposal or destruction of the
substances, on a showing to the magistrate or superior court judge by affidavit
of both of the following:
1. The substances pose a significant safety hazard to life or property because
of their explosive, flammable, poisonous or otherwise toxic nature.
2. No adequate and safe storage facility is reasonably available to the seizing
agency.
F. On a proper showing pursuant to subsection E of this section, the magistrate
or superior court judge shall order the substances to be properly destroyed if
the containers are first photographed. In addition the magistrate or superior
court judge may order that the chemicals be sampled and the samples
preserved, unless the court finds either:
1. Sampling would be unnecessary or unsafe.
2. The chemicals are in labeled or factory sealed containers.
subject to seizure and forfeiture pursuant to chapter 39 of this title:
1. Property, equipment, containers, chemicals, materials, money, books,
records, research products, formulas, microfilm, tapes and data.
2. Vapor-releasing substances containing a toxic substance.
3. Vehicles to transport or in any manner facilitate the transportation, sale or
receipt of, or in which is contained or possessed, any item or drug, except as
provided in chapter 39 of this title.
B. The following property is subject to seizure and forfeiture pursuant to chapter
39 of this title:
1. All proceeds traceable to an offense that is included in this chapter and that
is committed for financial gain.
2. All proceeds seized in this state and traceable to an offense that:
(a) Is chargeable or indictable under the laws of the state in which the offense
occurred and, if the offense occurred in a state other than this state, would be
chargeable or indictable under this chapter if the offense occurred in this state.
(b) Is punishable by imprisonment for more than one year.
(c) Involves prohibited drugs, marijuana or other prohibited chemicals or
substances.
(d) Is committed for financial gain.
C. Peyote, dangerous drugs, prescription-only drugs, marijuana, narcotic drugs
and plants from which such drugs may be derived which are seized in
connection with any violation of this chapter or which come into the possession
of a law enforcement agency are summarily forfeited.
D. When seizures of marijuana are made in excess of ten pounds or seizures
of any other substance specified in subsection C of this section are made in
excess of one pound in connection with any violation of this chapter the
responsible law enforcement agency may retain ten pounds of the marijuana
or one pound of the other substance randomly selected from the seized
quantity for representation purposes as evidence. The agency may destroy the
remainder of the seized marijuana or substance. Before any destruction is
carried out, the responsible law enforcement agency shall photograph the
material seized with identifying case numbers or other means of identification
and prepare a report, identifying the seized material. The responsible law
enforcement agency shall notify in writing any person arrested for a violation of
this chapter or the attorney for the person at least twenty-four hours in advance
that such photography will take place and that such person or the person's
attorney may be present at such photographing of the seized material. In
addition to the amount of marijuana or other substance retained for
representation purposes as evidence, all photographs and records made
under this section and properly identified are admissible in any court
proceeding for any purpose for which the seized marijuana or substance itself
would be admissible. Evidence retained after trial shall be disposed of
pursuant to the rules of criminal procedure, rule 28.
E. If a seizure is made of chemicals used for the manufacture of a narcotic drug
or dangerous drug as defined by section 13-3401 in connection with a violation
of this title, the seizing agency may apply to a magistrate or superior court judge
in the application for the search warrant or as soon as reasonable after the
seizure for an order allowing the proper disposal or destruction of the
substances, on a showing to the magistrate or superior court judge by affidavit
of both of the following:
1. The substances pose a significant safety hazard to life or property because
of their explosive, flammable, poisonous or otherwise toxic nature.
2. No adequate and safe storage facility is reasonably available to the seizing
agency.
F. On a proper showing pursuant to subsection E of this section, the magistrate
or superior court judge shall order the substances to be properly destroyed if
the containers are first photographed. In addition the magistrate or superior
court judge may order that the chemicals be sampled and the samples
preserved, unless the court finds either:
1. Sampling would be unnecessary or unsafe.
2. The chemicals are in labeled or factory sealed containers.