SB 303, as amended, Hueso. Controlled substances: destruction of seized marijuana.
Existing law, thebegin insert Californiaend insert 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,begin insert or the amount of marijuana a medical marijuana patient or designated caregiver is authorized to possess by ordinance in the city or county where the marijuana was seized, whichever is greater,end insert 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,begin insert except in the case of growing or harvested
6marijuana,end insert that amount in excess of 10 pounds in grossbegin delete weight, begin insert weightend insert may be destroyed without
7and in the case of growing or harvesting marijuana, only that
8amount in excess of 2 pounds,end delete
9a court order by the chief of the law enforcement agency or a
10designated subordinate.begin insert
In the case of growing or harvested
11marijuana, that amount in excess of 2 pounds, or the amount of
12marijuana a medical marijuana patient or designated caregiver
13is authorized to possess by ordinance in the city or county where
14the marijuana was seized, whichever is greater, may be destroyed
15without a court order by the chief of the law enforcement agency
16or a designated subordinate.end insert Destruction shall not take place
17pursuant to this section until all of the following requirements are
18satisfied:
19(a) At least five random and representative samples have been
20taken, for evidentiary purposes, from the total amount of suspected
21controlled substances to be destroyed. These samples shall be in
22addition to the 10 pounds required above. When the suspected
23controlled substance consists of growing or harvested marijuana
24plants, at least one 2-pound samplebegin delete (which may include stalks,
25branches, or leaves) and five representative samples consisting of
26leaves or buds shall be retained for evidentiary purposes from the
27total amount of suspected controlled substances to be destroyed.end delete
28begin insert
or a sample in the amount of medical marijuana a medical
29marijuana patient or designated caregiver is authorized to possess
30by ordinance in the city or county where the marijuana was seized,
31whichever is greater, shall be retained. This sample may include
32stalks, branches, or leaves. In addition, five representative samples
P3 1of leaves or buds shall be retained for evidentiary purposes from
2the total amount of suspected controlled substances to be destroyed.end insert
3(b) Photographs have been taken which reasonably demonstrate
4the total amount of the suspected controlled substance to be
5destroyed.
6(c) The gross weight of the suspected controlled substance has
7been determined, either by actually weighing the suspected
8controlled substance or by estimating that weight after dimensional
9measurement
of the total suspected controlled substance.
10(d) The chief of the law enforcement agency has determined
11that it is not reasonably possible to preserve the suspected
12controlled substance in place, or to remove the suspected controlled
13substance to another location. In making this determination, the
14difficulty of transporting and storing the suspected controlled
15substance to another site and the storage facilities may be taken
16into consideration.
17Subsequent to any destruction of a suspected controlled substance
18pursuant to this section, an affidavit shall be filed within 30 days
19in the court which has jurisdiction over any pending criminal
20proceedings pertaining to that suspected controlled substance,
21reciting the applicable information required by subdivisions (a),
22(b), (c), and (d) together
with information establishing the location
23of the suspected controlled substance, and specifying the date and
24time of the destruction. In the event that there are no criminal
25proceedings pending which pertain to that suspected controlled
26substance, the affidavit may be filed in any court within the county
27which would have jurisdiction over a person against whom those
28criminal charges might be filed.
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