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 21-28-5.07. – 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 21-28-4.21. – Drug testing required.
§ 21-28-4.21. Drug testing required. Every person who shall be placed on probation for a violation of any section in this chapter prohibiting the unlawful sale, distribution, manufacture, delivery or possession with intent to manufacture, sell, distribute or deliver any controlled substance as classified in schedule I or II or possession of a controlled substance […]
Section 21-28-4.22. – Preparation of summons and related records — Consent and form.
§ 21-28-4.22. Preparation of summons and related records — Consent and form. The laws related to summonses, subpoenas and related records for violations of subparagraphs 21-28-4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv), shall be served and heard in the same manner and in a similar form as ordinary civil actions in the traffic tribunal, as provided for in §§ […]