Arizona Laws 13-3413. 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:
Terms Used In Arizona Laws 13-3413
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Conviction: A judgement of guilt against a criminal defendant.
- Dangerous drug: means the following by whatever official, common, usual, chemical or trade name designated:
(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine. See Arizona Laws 13-3401
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Manufacture: means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Arizona Laws 13-3401
- Marijuana: means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. See Arizona Laws 13-3401
- Narcotic drug: means narcotic drugs as defined in section 13-3401. See Arizona Laws 13-105
- Narcotic drugs: means the following, whether of natural or synthetic origin and any substance neither chemically nor physically distinguishable from them:
(a) Acetyl-alpha-methylfentanyl. See Arizona Laws 13-3401
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Peyote: means any part of a plant of the genus lophophora, known as the mescal button. See Arizona Laws 13-3401
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes printing. See Arizona Laws 1-215
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, that is committed for financial gain and that resulted in a criminal conviction.
2. All proceeds seized in this state and traceable to an offense that:
(a) Resulted in a criminal conviction 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 that are seized in connection with any violation of this chapter or that 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 the photography will take place and that the 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 rule 28, Arizona rules of criminal procedure.
E. If a seizure is made of chemicals used for the manufacture of a narcotic drug or dangerous drug as defined in 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.