CHAPTER 8. Seizure and Disposition

Chapter 8 added by Stats. 1972, Ch. 1407.

§§ 11469–11495 · 41 sections

§ 11469 In order to ensure the proper utilization of the laws permitting the seizure and forfeiture of property under this chapter, the Legislature hereby establishes…
§ 11470 The following are subject to forfeiture: (a) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this…
§ 11470.1 (a) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to, any controlled substance or its precursors shall be…
§ 11470.2 (a) In lieu of a civil action for the recovery of expenses as provided in Section 11470.1, the prosecuting attorney in a criminal proceeding may, upon…
§ 11470.3 (a) Section 11470 shall be applicable to property owned by, or in the possession of, minors. (b) The procedures for the forfeiture of property that comes…
§ 11470.4 The provisions of this chapter apply to any minor who has been found to be a person described in Section 602 of the Welfare and Institutions Code because of a…
§ 11471 Property subject to forfeiture under this division may be seized by any peace officer upon process issued by any court having jurisdiction over the property.…
§ 11471.2 (a) State or local law enforcement authorities shall not refer or otherwise transfer property seized under state law authorizing the seizure of property to a…
§ 11471.5 A peace officer making a seizure pursuant to Section 11471 shall notify the Franchise Tax Board where there is reasonable cause to believe that the value of…
§ 11472 Controlled substances and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance, which are…
§ 11473 (a) All seizures under provisions of this chapter, except seizures of vehicles, boats, or airplanes, as specified in subdivision (e) of Section 11470, or…
§ 11473.5 (a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in…
§ 11474 A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant to the provisions of Section 11473 or 11473.5 may be carried…
§ 11475 Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this division are contraband and shall be…
§ 11476 Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this division, or…
§ 11477 The failure, upon demand by a peace officer of the person in occupancy or in control of land or premises upon which the species of plants are growing or being…
§ 11478 Cannabis may be provided by the Attorney General to the heads of research projects which have been registered by the Attorney General, and which have been…
§ 11479 Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected controlled substance, except in the case of…
§ 11479.1 (a) Notwithstanding the provisions of Sections 11473, 11473.5, and 11479, at any time after seizure by a law enforcement agency and identification by a…
§ 11479.2 Notwithstanding the provisions of Sections 11473, 11473.5, 11474, 11479, and 11479.1, at any time after seizure by a law enforcement agency of a suspected…
§ 11479.5 (a) Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected hazardous chemical, the chemical’s…
§ 11480 (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate…
§ 11480.1 (a) The panel shall review and may approve research projects to be conducted in this state that would require the administration of Schedule I or Schedule II…
§ 11480.3 (a) The panel may withdraw approval from a research project for reasonable cause. (b) Prior to withdrawing approval, the panel shall communicate its concerns…
§ 11480.5 (a) The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code. (b) The…
§ 11481 (a) The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the…
§ 11483 No provision of this division shall be construed to prohibit the establishment and effective operation of a narcotic treatment program licensed pursuant to…
§ 11485 Any peace officer of this state who, incident to a search under a search warrant issued for a violation of Section 11358 with respect to which no prosecution…
§ 11488 (a) Any peace officer of this state, subsequent to making or attempting to make an arrest for a violation of Section 11351, 11351.5, 11352, 11355, 11359,…
§ 11488.1 Property seized pursuant to Section 11488 may, where appropriate, be held for evidence. The Attorney General or the district attorney for the jurisdiction…
§ 11488.2 Within 15 days after the seizure, if the peace officer does not hold the property seized pursuant to Section 11488 for evidence or if the law enforcement…
§ 11488.4 (a) (1) Except as provided in subdivision (j), if the Department of Justice or the local governmental entity determines that the factual circumstances do…
§ 11488.5 (a) (1) Any person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for…
§ 11488.6 (a) If the court or jury at the forfeiture hearing finds that the property is forfeitable pursuant to Section 11470, but does not find that a person having a…
§ 11489 Notwithstanding Section 11502 and except as otherwise provided in Section 11473, in all cases where the property is seized pursuant to this chapter and…
§ 11490 The provisions of this division relative to forfeiture of vehicles, boats, or airplanes shall not apply to a common carrier, or to an employee acting within…
§ 11491 Nothing in this chapter shall be construed to extend or change decisional law as it relates to the topic of search and seizure.
§ 11492 (a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders to…
§ 11493 There is hereby created in the General Fund the Narcotics Assistance and Relinquishment by Criminal Offender Fund. The fund shall be administered by an…
§ 11494 In the case of any property seized or forfeiture proceeding initiated before January 1, 1994, the proceeding to forfeit the property and the distribution of…
§ 11495 (a) The funds received by the law enforcement agencies under Section 11489 shall be deposited into an account maintained by the Controller, county auditor, or…