N.Y. Public Health Law § 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 and

forfeiture pursuant to section thirty-three hundred eighty-eight of this

article, except that such property shall not be retained for use by any

official.