Section 21-28-5.06. – Seizure of contraband.
§ 21-28-5.06. Seizure of contraband. All controlled substances, which may be handled, sold, possessed, or distributed in violation of any of the provisions of this chapter shall be and are declared to be contraband; and shall be subject to seizure and confiscation by any state or local officer whose duty it is to enforce the […]
Section 21-28-5.07. – Disposition of controlled substances.
§ 21-28-5.07. Disposition of controlled substances. (a) Any person lawfully in possession of excess or undesired controlled substances shall dispose of the controlled substances in a manner established in regulation by the director which shall include, but not be limited to, requirements that the person shall keep a full and complete record of all controlled […]
Section 21-28-5.07.1. – Application for use in other cases.
§ 21-28-5.07.1. Application for use in other cases. (a) Notwithstanding any provision of § 21-28-5.07, the attorney general may apply ex parte to the presiding justice of the superior court for an order authorizing the state police, local police or an investigator appointed pursuant to § 42-9-8.1 designated by the attorney general, to use controlled […]
Section 21-28-5.07.2. – Issuance of orders.
§ 21-28-5.07.2. Issuance of orders. Upon an application as provided in § 21-28-5.07.1 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, authorizing the use of controlled substances seized […]
Section 21-28-5.07.3. – Disclosure.
§ 21-28-5.07.3. Disclosure. Notwithstanding the decision of the justice, any materials submitted or testimony offered pursuant to § 21-28-5.07.1 shall be kept under seal and not available for inspection, except after a hearing by the issuing justice who shall determine, prior to their release, that the sealing of the records is no longer necessary for […]
Section 21-28-5.07.4. – Control of controlled substance.
§ 21-28-5.07.4. Control of controlled substance. (a) Any controlled substance, which has been authorized to be used by the state police, local police or investigator appointed pursuant to § 42-9-8.1 designated by the attorney general in investigations of controlled substance violations shall be kept under the physical control of the requesting law enforcement agency until […]
Section 21-28-5.07.5. – Rules and regulations.
§ 21-28-5.07.5. Rules and regulations. The attorney general shall promulgate rules and regulations in furtherance of the administration of his or her responsibilities pursuant to this chapter and concerning the custody and control of all controlled substances utilized pursuant to § 21-28-5.07.1 and no application for use of controlled substances shall be applied for until […]
Section 21-28-5.04. – Forfeiture of property and money.
§ 21-28-5.04. Forfeiture of property and money. (a) Any property, real or personal, including, but not limited to, vessels, vehicles, or aircraft, and money or negotiable instruments, securities, or other things of value or any property constituting, or derived from any proceeds, furnished, or intended to be furnished, by any person for the transportation of, […]
Section 21-28-5.01. – Powers of enforcement personnel.
§ 21-28-5.01. Powers of enforcement personnel. It is made the duty of all peace officers within the state, and of all prosecuting officers, to enforce all provisions of this chapter except those specifically delegated in the chapter, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of […]
Section 21-28-5.02. – Administrative inspections.
§ 21-28-5.02. Administrative inspections. The director of health may make administrative inspections of controlled premises in accordance with the following provisions: (1) For purposes of this section only, “controlled premises” means: (i) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and (ii) Places including factories, warehouses, […]