BILL NUMBER: SB 303	CHAPTERED
	BILL TEXT

	CHAPTER  713
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2015
	APPROVED BY GOVERNOR  OCTOBER 9, 2015
	PASSED THE SENATE  SEPTEMBER 1, 2015
	PASSED THE ASSEMBLY  AUGUST 31, 2015
	AMENDED IN ASSEMBLY  JULY 8, 2015
	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, 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 photographs
reasonably demonstrating the total amount of the substance to be
destroyed and 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. 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.


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 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 two 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 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 and videos have been taken that reasonably and
accurately 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 that 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 that pertain to that suspected controlled
substance, the affidavit may be filed in any court within the county
that would have jurisdiction over a person against whom those
criminal charges might be filed.