Amended in Assembly July 8, 2015

Amended in Senate April 27, 2015

Senate BillNo. 303


Introduced by Senator Hueso

February 23, 2015


An act to amend Section 11479 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 303, as amended, Hueso. Controlled substances: destruction of seized marijuana.

Existing law, the California 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 takebegin insert photographs reasonably demonstrating the total amount of the substance to be destroyed andend insert 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, 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, 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.begin insert The bill would additionally require that the law enforcement agency take videos that reasonably and accurately demonstrate the total amount of the suspected controlled substance to be destroyed.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 11479 of the Health and Safety Code is
2amended to read:

3

11479.  

Notwithstanding Sections 11473 and 11473.5, at any
4time after seizure by a law enforcement agency of a suspected
5controlled substance, except in the case of growing or harvested
6marijuana, that amount in excess of 10 pounds in gross weight
7may be destroyed without a court order by the chief of the law
8enforcement agency or a designated subordinate. In the case of
9growing or harvested marijuana, that amount in excess ofbegin delete 2end deletebegin insert twoend insert
10 pounds, or the amount of marijuana a medical marijuana patient
11or designated caregiver is authorized to possess by ordinance in
12the city or county where the marijuana was seized, whichever is
13greater, may be destroyed without a court order by the chief of the
14law enforcement agency or a designated subordinate. Destruction
15shall not take place pursuant to this section until all of the following
16requirements are satisfied:

17(a)  At least five random and representative samples have been
18taken, for evidentiary purposes, from the total amount of suspected
19controlled substances to be destroyed. These samples shall be in
20addition to the 10 pounds required above. When the suspected
21controlled substance consists of growing or harvested marijuana
22plants, at least one 2-pound sample or a sample in the amount of
23medical marijuana a medical marijuana patient or designated
24caregiver is authorized to possess by ordinance in the city or county
25where the marijuana was seized, whichever is greater, shall be
26retained. This sample may include stalks, branches, or leaves. In
27addition, five representative samples of leaves or buds shall be
28retained for evidentiary purposes from the total amount of
29suspected controlled substances to be destroyed.

P3    1(b)  Photographsbegin insert and videosend insert have been takenbegin delete whichend deletebegin insert thatend insert
2 reasonablybegin insert and accuratelyend insert demonstrate the total amount of the
3suspected controlled substance to be destroyed.

4(c)  The gross weight of the suspected controlled substance has
5been determined, either by actually weighing the suspected
6controlled substance or by estimating that weight after dimensional
7measurement of the total suspected controlled substance.

8(d)  The chief of the law enforcement agency has determined
9that it is not reasonably possible to preserve the suspected
10controlled substance in place, or to remove the suspected controlled
11substance to another location. In making this determination, the
12difficulty of transporting and storing the suspected controlled
13substance to another site and the storage facilities may be taken
14into consideration.

15Subsequent to any destruction of a suspected controlled substance
16pursuant to this section, an affidavit shall be filed within 30 days
17in the courtbegin delete whichend deletebegin insert thatend insert has jurisdiction over any pending criminal
18proceedings pertaining to that suspected controlled substance,
19reciting the applicable information required by subdivisions (a),
20(b), (c), and (d) together with information establishing the location
21of the suspected controlled substance, and specifying the date and
22time of the destruction. In the event that there are no criminal
23proceedings pendingbegin delete whichend deletebegin insert thatend insert pertain to that suspected controlled
24substance, the affidavit may be filed in any court within the county
25begin delete whichend deletebegin insert thatend insert would have jurisdiction over a person against whom
26those criminal charges might be filed.



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