§ 16-42-20-5 — Forfeitures

Indiana § 16-42-20-5

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 42: REGULATION OF FOOD, DRUGS, AND
• Ch. 20: Drugs: Enforcement of Pharmacy Laws and Rules

Text

(a) The following are subject to forfeiture:
(1) All controlled substances that are or have been unlawfully
manufactured, distributed, dispensed, acquired, or possessed, or
with respect to which there has been an act by a person in
violation of laws relating to controlled substances.
(2) All raw materials, instruments, devices, and other objects that
are used or intended for use by the person in possession of them
in unlawfully planting, growing, manufacturing, compounding,
processing, delivering, importing, or exporting a controlled
substance.
(3) All property that is used or intended for use by the person in
possession of the property as a container for property described in
subdivision (1) or (2).
(4) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data that are used or
intended for use by the person in possession in violation of a law
relating to controlled substances.
(b) Property subject to forfeiture under this chapter may be seized
by an enforcement officer upon process issued by any state court of
record having jurisdiction over the property. Seizure without process
may be made if any of the following conditions exist:
(1) The seizure is incident to an arrest, a search under a search
warrant, or an inspection under an administrative inspection
warrant.
(2) The property subject to seizure has been the subject of a prior
judgment in favor of the state in a criminal injunction or forfeiture
proceeding.
(3) The Indiana board of pharmacy has probable cause to believe
that the property is directly or indirectly dangerous to health or
safety.
(4) The Indiana board of pharmacy has probable cause to believe
that the property was used by the person in possession of the
property or is intended to be used in violation of a law relating to
controlled substances.
(c) In a seizure under subsection (b), proceedings under subsection
(d) shall be instituted promptly.
(d) Property taken or detained under this section is not subject to
replevin, but is considered to be in the custody of the Indiana board of
pharmacy subject only to the orders and decrees of the court having
jurisdiction over the forfeiture proceedings. When property is seized
under this chapter, the Indiana board of pharmacy may do any of the
following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the board.
(3) Take custody of the property and remove the property to an
appropriate location for disposition in accordance with law.
All property seized under this chapter shall be retained by the Indiana
board of pharmacy until all proceedings in which the property may be
involved have concluded.
(e) When property is forfeited under this chapter, the Indiana board
of pharmacy shall do the following:
(1) Sell property that by law is not required to be transferred or
destroyed, that has a monetary value, and that is not harmful to
the public. The proceeds shall be used for payment of all proper
expenses of the proceedings for forfeiture and sale, including
expenses of seizure, maintenance of custody, advertising, and
court costs. All proceeds in excess of expenses shall be paid into
the common school fund of the state.
(2) Take custody of property that has no monetary value or cannot
lawfully be sold and remove the property for disposition in
accordance with administrative rule or forward the property to the
Drug Enforcement Administration for disposition.
(f) Controlled substances listed in schedule I that are unlawfully
possessed, transferred, sold, or offered for sale are contraband and shall
be seized and summarily forfeited to the state. Controlled substances
listed in schedule I that are seized or come into the possession of the
state, the owners of which are unknown, are contraband and shall be
summarily forfeited to the state.
(g) Species of plants from which controlled substances in schedules
I and II may be derived that:
(1) have been unlawfully planted or cultivated and the owners or
cultivators are unknown; or
(2) are wild growths;
may be seized and summarily forfeited to the state.
(h) The failure, upon demand by the Indiana board of pharmacy or
the board's authorized agent, of the person in occupancy or in control
of land or premises upon which the species of plants are growing or
being stored to produce an appropriate registration or proof that the
person is the holder of the plants constitutes authority for the seizure
and forfeiture of the plants.
[Pre-1993 Recodification Citation: 16-6-8.5-5.1.]

Legislative History

As added by P.L.2-1993, SEC.25.