Section 318-B:17 Disposal of Controlled Drugs in Possession of Peace Officer.
All controlled drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer shall be forfeited and disposed of as follows:
I. The superior court shall order such controlled drugs forfeited and destroyed. A record of the place where the drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place and manner of destruction shall be kept, and return under oath, reporting said destruction, shall be made to the superior court and to the Drug Enforcement Administration, if controlled drugs are involved, by the officer who destroys them.
I-a. The district court having jurisdiction over a misdemeanor controlled drug offense may order such controlled drugs forfeited and destroyed upon written motion. Such order shall not be entered until after the period for appeal of the offense has expired.
I-b. The district court shall require the same record and reporting of the officer who is destroying the controlled drugs as is required under paragraph I for the superior court, with the exception of notification to the Drug Enforcement Administration.
II, III. [Repealed.]
Source. 1969, 421:1. 1983, 292:13. 1995, 310:181. 1998, 362:1, 2. 2003, 80:1, eff. Jan. 1, 2004.