§ 28-12-62 — Seizure and Forfeiture

(a) Unlawful hemp products shall be considered contraband and may be seized by the board or its agents or by any law enforcement officer of the state without a warrant.
(b) Any consumable hemp products or unlawful hemp products that are kept, stored, or deposited in any place in this state for the purpose of unlawful sale or unlawful disposition or unlawful furnishing or distribution, and the vessels and receptacles in which the products are contained, are declared to be contraband, shall be seized and forfeited to the state, and may be condemned for destruction pursuant to the procedures set out in Article 11 of Chapter 4 concerning alcoholic beverages.
(c) In any criminal prosecutions against a person for a violation of this chapter, upon conviction, the court may order the destruction of any consumable hemp products or unlawful hemp products that were: (i) sold, offered for sale, possessed, or otherwise disposed of by the defendant; (ii) possessed or used in conducting the business of a dealer; or (iii) used as evidence in the case.
(d) All proceeds, property obtained by proceeds, equipment, materials, and personal property used in substantial connection with the sale or possession of consumable hemp products or hemp products involved in a violation of this chapter shall be subject to forfeiture pursuant to the procedures set forth in Section 20-2-93.
(e) Any person from whom an unlawful product is seized and destroyed pursuant to this section shall be subject to a fee, to be determined based on the cost of the destruction and disposal of the product as hazardous waste.

Legislative History

(Act 2025-385, §1.)