§ 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\ncontrolled substances and official New York state prescription forms;\ndisposition. 1. Any controlled substance or imitation controlled\nsubstance which has been manufactured, distributed, dispensed or\nacquired in violation of this article, or the lawful possession of which\ncannot be immediately ascertained, and any official New York state\nprescription form which has been printed, distributed or acquired in\nviolation of this article or the lawful possession of which cannot be\nimmediately ascertained are hereby declared to be public nuisances and\nmay be seized by a peace officer, acting pursuant to his special duties,\nor a police officer and shall be forfeited, and disposed of as follows:\n (a) except as in this section otherwise provided, the commissioner,\nthe court or magistrate having jurisdiction shall order such controlled\nsubstance or imitation controlled substance forfeited or destroyed. A\nrecord of the quantity and nature of the substance, of the place where\nsaid substance was seized, and of the time, place and manner of\ndestruction, shall be kept, and a return under oath, reporting said\ndestruction, shall be made to the person ordering such destruction by\nthe officer who destroys them;\n (b) upon written application by the commissioner, the court or\nmagistrate by whom the forfeiture of controlled substances or imitation\ncontrolled substances has been decreed may order the delivery of any of\nthem, except substances listed in schedule I of section thirty-three\nhundred six, to such commissioner for distribution or destruction, as\nhereinafter provided;\n (c) upon application by any hospital within this state, not operated\nfor private gain, the commissioner may in his discretion deliver any\ncontrolled substance or imitation controlled substance that has come\ninto his custody by authority of this section to the applicants for\nmedicinal use;\n (d) the commissioner may from time to time deliver excess stocks of\ncontrolled substances or imitation controlled substances to the Bureau\nor shall destroy the same;\n (e) controlled substances or imitation controlled substances which are\nexcess or undesired by persons lawfully possessing the same may be\ndisposed of in such manner as the commissioner shall by regulation\nrequire;\n (f) official New York state prescription forms which have been seized\nas provided by this section shall be disposed of by express prepaid\nshipment to the "State Department of Health, Bureau of Prescription\nAnalysis, Albany, New York," or by delivery to an authorized narcotic\ncontrol representative of the department.\n 2. The commissioner shall keep a full and complete record of all\ncontrolled substances or imitation controlled substances received and of\nall controlled substances or imitation controlled substances disposed\nof, showing the exact kinds, quantities and forms of such substances;\nthe persons from whom received and to whom delivered; by whose authority\nreceived, delivered and destroyed; and the dates of the receipt,\ndisposal or destruction. This record shall be open to inspection by all\nfederal or state officers charged with the enforcement of federal and\nstate laws relating to controlled substances or imitation controlled\nsubstances.\n 3. Any raw material product, container or equipment of any kind which\nis used, or intended for use, in manufacturing, distributing, dispensing\nor administering a controlled substance or imitation controlled\nsubstance in violation of this article shall be seized by any peace\nofficer, acting pursuant to his special duties, or police officer and\nforfeited in the same manner as property subject to seizure and\nforfeiture pursuant to section thirty-three hundred eighty-eight of this\narticle, except that such property shall not be retained for use by any\nofficial.\n