§ 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 […]
§ 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, […]
§ 21-28-5.03. [Reserved.]
§ 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, […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 21-28-5.08. Burden of proof. (a) It shall not be necessary for the state to negate any exemption or exception set forth in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of pleading and proof of any exemption or […]
§ 21-28-5.09. Revocation of license of persons convicted. On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment or decision and the sentence, and of the opinion of the court, if one is filed, shall immediately be sent by the clerk of the court to […]
§ 21-28-5.10. Inspection of records — Information or knowledge obtained confidential. Prescriptions, orders, and records required by this chapter, and stocks of controlled substances, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to […]
§ 21-28-5.11. Suspension of license or registration of drug dependent persons. If any person licensed or registered to practice his or her profession, trade, occupation, or carry on his or her business shall at any time, after a fair hearing held upon reasonable notice, and upon the production of sufficient evidence, is found by the […]
§ 21-28-5.12. Appropriations and disbursements. The general assembly shall annually appropriate any sums that it may deem necessary for the payment of the necessary expenses incurred by the department in the performance of its duties; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the […]
§ 21-28-5.13. Severability. If any provision of this chapter or the application of it to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are […]
