SB 303, as introduced, Hueso. Controlled substances: destruction of seized marijuana.
Existing law, the Uniform Controlled Substances Act, includes provisions authorizing the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law authorizes the destruction of seized substances suspected to be controlled substances in excess of 10 pounds in gross weight, subject to specified requirements. Under existing law, prior to destruction of a suspected controlled substance, the law enforcement agency is required to take at least 5 random and representative samples, for evidentiary purposes, from the total amount of suspected controlled substances to be destroyed, in addition to the 10 pounds the law enforcement agency is required to retain.
This bill would authorize the law enforcement agency to destroy seized substances suspected to be growing or harvested marijuana in excess of 2 pounds, subject to specified requirements. The bill would also require the law enforcement agency to retain at least one 2-pound sample and 5 random and representative samples consisting of leaves or buds, for evidentiary purposes, from the total amount to be destroyed.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11479 of the Health and Safety Code is
2amended to read:
Notwithstanding Sections 11473 and 11473.5, at any
4time after seizure by a law enforcement agency of a suspected
5controlled substance, that amount in excess of 10 pounds in gross
6weightbegin insert, and in the case of growing or harvesting marijuana, only
7that amount in excess of 2 pounds,end insert may be destroyed without a
8court order by the chief of the law enforcement agency or a
9designated subordinate. Destruction shall not take place pursuant
10to this section until all of the following requirements are satisfied:
11(a) At least five random and representative samples have been
12taken, for evidentiary purposes, from the total amount of suspected
13controlled
substances to be destroyed. These samples shall be in
14addition to the 10 pounds required above. When the suspected
15controlled substance consists of growing or harvested marijuana
16plants, at least onebegin delete 10 poundend deletebegin insert 2-poundend insert sample (which may include
17stalks, branches, or leaves) and five representative samples
18consisting of leaves or buds shall be retained for evidentiary
19purposes from the total amount of suspected controlled substances
20to be destroyed.
21(b) Photographs have been taken which reasonably demonstrate
22the total amount of the suspected controlled substance to be
23destroyed.
24(c) The gross weight of the suspected controlled substance has
25been determined, either by actually weighing the
suspected
26controlled substance or by estimating that weight after dimensional
27measurement of the total suspected controlled substance.
28(d) The chief of the law enforcement agency has determined
29that it is not reasonably possible to preserve the suspected
30controlled substance in place, or to remove the suspected controlled
31substance to another location. In making this determination, the
32difficulty of transporting and storing the suspected controlled
33substance to another site and the storage facilities may be taken
34into consideration.
35Subsequent to any destruction of a suspected controlled substance
36pursuant to this section, an affidavit shall be filed within 30 days
37in the court which has jurisdiction over any pending criminal
38proceedings pertaining to that suspected controlled substance,
P3 1reciting the applicable information required by subdivisions (a),
2(b), (c), and (d) together with information
establishing the location
3of the suspected controlled substance, and specifying the date and
4time of the destruction. In the event that there are no criminal
5proceedings pending which pertain to that suspected controlled
6substance, the affidavit may be filed in any court within the county
7which would have jurisdiction over a person against whom those
8criminal charges might be filed.
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