California Health and Safety Code 11473.5 – (a) All seizures of controlled substances, instruments, or …
(a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, shall be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the defendant.
(b) If the court finds that the property was not lawfully possessed by the defendant, law enforcement may request of the court that certain uncontaminated instruments or paraphernalia be relinquished to a school or school district for science classroom education in lieu of destruction.
Terms Used In California Health and Safety Code 11473.5
- Conviction: A judgement of guilt against a criminal defendant.
- County: includes city and county. See California Health and Safety Code 14
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(Amended by Stats. 1994, Ch. 979, Sec. 3. Effective January 1, 1995.)