3387 - Seizure and forfeiture of controlled substances, imitation controlled substances and official New York state prescription forms; disposition.

§  3387.  Seizure  and  forfeiture of controlled substances, imitation  controlled substances and official New York  state  prescription  forms;  disposition.   1.  Any  controlled  substance  or  imitation  controlled  substance  which  has  been  manufactured,  distributed,  dispensed   or  acquired in violation of this article, or the lawful possession of which  cannot  be  immediately  ascertained,  and  any  official New York state  prescription form which has been printed,  distributed  or  acquired  in  violation  of  this  article or the lawful possession of which cannot be  immediately ascertained are hereby declared to be public  nuisances  and  may be seized by a peace officer, acting pursuant to his special duties,  or a police officer and shall be forfeited, and disposed of as follows:    (a)  except  as  in this section otherwise provided, the commissioner,  the court or magistrate having jurisdiction shall order such  controlled  substance  or  imitation  controlled substance forfeited or destroyed. A  record of the quantity and nature of the substance, of the  place  where  said  substance  was  seized,  and  of  the  time,  place  and manner of  destruction, shall be kept, and a  return  under  oath,  reporting  said  destruction,  shall  be  made to the person ordering such destruction by  the officer who destroys them;    (b) upon  written  application  by  the  commissioner,  the  court  or  magistrate  by whom the forfeiture of controlled substances or imitation  controlled substances has been decreed may order the delivery of any  of  them,  except  substances  listed  in schedule I of section thirty-three  hundred six, to such commissioner for distribution  or  destruction,  as  hereinafter provided;    (c)  upon  application by any hospital within this state, not operated  for private gain, the commissioner may in  his  discretion  deliver  any  controlled  substance  or  imitation  controlled substance that has come  into his custody by authority of this  section  to  the  applicants  for  medicinal use;    (d)  the  commissioner  may from time to time deliver excess stocks of  controlled substances or imitation controlled substances to  the  Bureau  or shall destroy the same;    (e) controlled substances or imitation controlled substances which are  excess  or  undesired  by  persons  lawfully  possessing the same may be  disposed of in such manner  as  the  commissioner  shall  by  regulation  require;    (f)  official New York state prescription forms which have been seized  as provided by this section shall be  disposed  of  by  express  prepaid  shipment  to  the  "State  Department  of Health, Bureau of Prescription  Analysis, Albany, New York," or by delivery to  an  authorized  narcotic  control representative of the department.    2.  The  commissioner  shall  keep  a  full and complete record of all  controlled substances or imitation controlled substances received and of  all controlled substances or imitation  controlled  substances  disposed  of,  showing  the  exact kinds, quantities and forms of such substances;  the persons from whom received and to whom delivered; by whose authority  received, delivered  and  destroyed;  and  the  dates  of  the  receipt,  disposal  or destruction. This record shall be open to inspection by all  federal or state officers charged with the enforcement  of  federal  and  state  laws  relating  to  controlled substances or imitation controlled  substances.    3. Any raw material product, container or equipment of any kind  which  is used, or intended for use, in manufacturing, distributing, dispensing  or   administering   a  controlled  substance  or  imitation  controlled  substance in violation of this article shall  be  seized  by  any  peace  officer,  acting  pursuant  to his special duties, or police officer and  forfeited in  the  same  manner  as  property  subject  to  seizure  andforfeiture pursuant to section thirty-three hundred eighty-eight of this  article,  except that such property shall not be retained for use by any  official.