BILL NUMBER: SB 303	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2015

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 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,  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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11479 of the Health and Safety Code is amended
to read:
   11479.  Notwithstanding Sections 11473 and 11473.5, at any time
after seizure by a law enforcement agency of a suspected controlled
substance,  except in the case of growing or harvested marijuana,
 that amount in excess of 10 pounds in gross  weight,
and in the case of growing or harvesting marijuana, only that amount
in excess of 2 pounds,   weight  may be destroyed
without a court order by the chief of the law enforcement agency or a
designated subordinate.  In the case of growing or harvested
marijuana, that amount 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, may be destroyed without
a court order by the chief of the law enforcement agency or a
designated subordinate.  Destruction shall not take place
pursuant to this section until all of the following requirements are
satisfied:
   (a)  At least five random and representative samples have been
taken, for evidentiary purposes, from the total amount of suspected
controlled substances to be destroyed. These samples shall be in
addition to the 10 pounds required above. When the suspected
controlled substance consists of growing or harvested marijuana
plants, at least one 2-pound sample  (which may include
stalks, branches, or leaves) and five representative samples
consisting of leaves or buds shall be retained for evidentiary
purposes from the total amount of suspected controlled substances to
be destroyed.   or a sample in the amount of medical
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, shall be retained. This
sample may include stalks, branches, or leaves. In addition, five
representative samples of leaves or buds shall be retained for
evidentiary purposes from the total amount of suspected controlled
substances to be destroyed. 
   (b)  Photographs have been taken which reasonably demonstrate the
total amount of the suspected controlled substance to be destroyed.
   (c)  The gross weight of the suspected controlled substance has
been determined, either by actually weighing the suspected controlled
substance or by estimating that weight after dimensional measurement
of the total suspected controlled substance.
   (d)  The chief of the law enforcement agency has determined that
it is not reasonably possible to preserve the suspected controlled
substance in place, or to remove the suspected controlled substance
to another location. In making this determination, the difficulty of
transporting and storing the suspected controlled substance to
another site and the storage facilities may be taken into
consideration.
   Subsequent to any destruction of a suspected controlled substance
pursuant to this section, an affidavit shall be filed within 30 days
in the court which has jurisdiction over any pending criminal
proceedings pertaining to that suspected controlled substance,
reciting the applicable information required by subdivisions (a),
(b), (c), and (d) together with information establishing the location
of the suspected controlled substance, and specifying the date and
time of the destruction. In the event that there are no criminal
proceedings pending which pertain to that suspected controlled
substance, the affidavit may be filed in any court within the county
which would have jurisdiction over a person against whom those
criminal charges might be filed.