US Lawyer Database

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 21-28-5.04.1. – Criminal forfeiture procedures.

§ 21-28-5.04.1. Criminal forfeiture procedures. (a) Any criminal complaint, information, or indictment charging one or more covered offenses shall set forth with reasonable particularity property that the attorney general seeks to forfeit pursuant to this section. (b) The court may, upon application of the attorney general, enter a restraining order or injunction, require any person […]

Section 21-28-5.04.2. – Civil forfeiture procedure.

§ 21-28-5.04.2. Civil forfeiture procedure. (a) In addition to or in lieu of the criminal forfeiture procedures of this chapter, any property described in § 21-28-5.04 except as designated in subsection (b) of this section, is subject to civil forfeiture to the state. Civil forfeiture proceedings shall be in the nature of an action in […]

Section 21-28-5.05. – Forfeiture of controlled substances, related materials and other property, equipment and records.

§ 21-28-5.05. Forfeiture of controlled substances, related materials and other property, equipment and records. (a) The following shall be subject to forfeiture to the state and no property right shall exist in them: (1) All controlled substances manufactured, distributed, dispensed, or acquired in violation of this chapter. (2) All raw materials, products, and equipment of […]

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 21-28-5.01. – 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, […]