{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-508","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-508","heading":"Disposition of seized property","body":"A. Except as otherwise provided, all property described in\n\nparagraphs 1 and 2 of subsection A of Section 2-503 of this title\n\nwhich is seized or surrendered pursuant to the provisions of the\n\nUniform Controlled Dangerous Substances Act shall be destroyed. The\n\ndestruction shall be done by or at the direction of the Oklahoma\n\nState Bureau of Narcotics and Dangerous Drugs Control (OSBNDD), who\n\nshall have the discretion prior to destruction to preserve samples\n\nof the substance for testing. In any county with a population of\n\nfour hundred thousand (400,000) or more according to the latest\n\nFederal Decennial Census, there shall be a located site, approved by\n\nthe OSBNDD, for the destruction of the property. Any such property\n\nsubmitted to the OSBNDD which it deems to be of use for\n\ninvestigative training, educational, or analytical purposes may be\n\nretained by the OSBNDD in lieu of destruction.\n\nB. 1. With respect to controlled dangerous substances seized\n\nor surrendered pursuant to the provisions of the Uniform Controlled\n\nDangerous Substances Act, municipal police departments, sheriffs,\n\nthe Oklahoma Bureau of Narcotics and Dangerous Drugs Control\n\nCommission, the Oklahoma Highway Patrol, and the Oklahoma State\n\nBureau of Investigation shall have the authority to destroy seized\n\ncontrolled dangerous substances when the amount seized in a single\n\nincident exceeds ten (10) pounds. The destroying agency shall:\n\na. photograph the seized substance with identifying case\n\nnumbers or other means of identification,\n\nb. prepare a report describing the seized substance prior\n\nto the destruction,\n\nc. retain at least one (1) pound of the substance\n\nrandomly selected from the seized substance for the\n\npurpose of evidence, and\n\nd. obtain and retain samples of the substance from enough\n\ncontainers, bales, bricks, or other units of substance\n\nseized to establish the presence of a weight of the\n\nsubstance necessary to establish a violation of the\n\nTrafficking in Illegal Drugs Act pursuant to\n\nsubsection C of Section 2-415 of this title, if such a\n\nweight is present. If such weight is not present,\n\nsamples of the substance from each container, bale,\n\nbrick or other unit of substance seized shall be\n\ntaken. Each sample taken pursuant to this section\n\nshall be large enough for the destroying agency and\n\nthe defendant or suspect to have an independent test\n\nperformed on the substance for purposes of\n\nidentification.\n\n2. If a defendant or suspect is known to the destroying agency,\n\nthe destroying agency shall give at least seven (7) days' written\n\nnotice to the defendant, suspect or counsel for the defendant or\n\nsuspect of:\n\na. the date, the time, and the place where the\n\nphotographing will take place and notice of the right\n\nto attend the photographing, and\n\nb. the right to obtain samples of the controlled\n\ndangerous substance for independent testing and use as\n\nevidence.\n\n3. The written notice shall also inform the defendant, suspect\n\nor counsel for the defendant or suspect that the destroying agency\n\nmust be notified in writing within seven (7) days from receipt of\n\nthe notice of the intent of the suspect or defendant to obtain\n\nrandom samples and make arrangements for the taking of samples. The\n\nsamples for the defendant or suspect must be taken by a person\n\nlicensed by the Drug Enforcement Administration. If the defendant\n\nor counsel for the defendant fails to notify the destroying agency\n\nin writing of an intent to obtain samples and fails to make\n\narrangements for the taking of samples, a sample taken pursuant to\n\nsubparagraph d of paragraph 1 of this subsection shall be made\n\navailable upon request of the defendant or suspect.\n\nThe representative samples, the photographs, the reports, and\n\nthe records made under this section and properly identified shall be\n\nadmissible in any court or administrative proceeding for any\nes and fails to make\n\narrangements for the taking of samples, a sample taken pursuant to\n\nsubparagraph d of paragraph 1 of this subsection shall be made\n\navailable upon request of the defendant or suspect.\n\nThe representative samples, the photographs, the reports, and\n\nthe records made under this section and properly identified shall be\n\nadmissible in any court or administrative proceeding for any\n\npurposes for which the seized substance itself would have been\n\nadmissible.\n\nC. All other property not otherwise provided for in the Uniform\n\nControlled Dangerous Substances Act which has come into the\n\npossession of the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Department of Public Safety, the Oklahoma State\n\nBureau of Investigation, the Alcoholic Beverage Laws Enforcement\n\nCommission, the Department of Corrections, the Office of the\n\nAttorney General, or a district attorney may be disposed of by order\n\nof the district court when no longer needed in connection with any\n\nlitigation. If the owner of the property is unknown to the agency\n\nor district attorney, the agency or district attorney shall hold the\n\nproperty for at least six (6) months prior to filing a petition for\n\ndisposal with the district court except for laboratory equipment\n\nwhich may be forfeited when no longer needed in connection with\n\nlitigation, unless the property is perishable. The Director or\n\nCommissioner of the agency, the Attorney General, or district\n\nattorney shall file a petition in the district court of Oklahoma\n\nCounty or in the case of a district attorney, the petition shall be\n\nfiled in a county within the jurisdiction of the district attorney\n\nrequesting the authority to:\n\n1. Conduct a sale of the property at a public auction or use an\n\nInternet auction, which may include online bidding; or\n\n2. Convert title of the property to the Oklahoma State Bureau\n\nof Narcotics and Dangerous Drugs Control, the Department of Public\n\nSafety, the Oklahoma State Bureau of Investigation, the Alcoholic\n\nBeverage Laws Enforcement Commission, the Department of Corrections,\n\nthe Office of the Attorney General, or to the district attorney's\n\noffice for the purposes provided for in subsection J, K or L of this\n\nsection.\n\nThe Director, Commissioner, Attorney General or district\n\nattorney shall attach to the petition:\n\na. a list describing the property, including all\n\nidentifying numbers and marks, if any,\n\nb. the date the property came into the possession of the\n\nagency or district attorney, and\n\nc. the name and address of the owner, if known.\n\nFor any item having an apparent value in excess of One Hundred\n\nDollars ($100.00), but less than Five Hundred Dollars ($500.00), the\n\nnotice of the hearing of the petition for the sale of the property,\n\nexcept laboratory equipment used in the processing, manufacturing or\n\ncompounding of controlled dangerous substances in violation of the\n\nprovisions of the Uniform Controlled Dangerous Substances Act, shall\n\nbe given to every known owner, as set forth in the petition, by\n\nfirst-class mail to the last-known address of the owner at least ten\nthe hearing of the petition for the sale of the property,\n\nexcept laboratory equipment used in the processing, manufacturing or\n\ncompounding of controlled dangerous substances in violation of the\n\nprovisions of the Uniform Controlled Dangerous Substances Act, shall\n\nbe given to every known owner, as set forth in the petition, by\n\nfirst-class mail to the last-known address of the owner at least ten\n\n(10) days prior to the date of the hearing. An affidavit of notice\n\nbeing sent shall be filed with the court by a representative of the\n\nagency, the Director or Commissioner of the agency, the Attorney\n\nGeneral or district attorney. For items in excess of Five Hundred\n\nDollars ($500.00), a notice of the hearing of the petition for the\n\nsale of said property shall be delivered to every known owner as set\n\nforth in the petition by certified mail. Notice of a hearing on a\n\npetition for forfeiture or sale of laboratory equipment used in the\n\nprocessing, manufacturing or compounding of controlled dangerous\n\nsubstances in violation of the Uniform Controlled Dangerous\n\nSubstances Act shall not be required.\n\nThe notice shall contain a brief description of the property,\n\nand the location and date of the hearing. In addition, notice of\n\nthe hearing shall be posted in three public places in the county,\n\none such place being the county courthouse at the regular place\n\nassigned for the posting of legal notices. At the hearing, if no\n\nowner appears and establishes ownership of the property, the court\n\nmay enter an order authorizing the Director, Commissioner, Attorney\n\nGeneral, or district attorney to donate the property pursuant to\n\nsubsection J, K or L of this section, to sell the property at a\n\npublic auction, including an Internet auction, which may include\n\nonline bidding, to the highest bidder, or to convert title of the\n\nproperty to the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Department of Public Safety, the Oklahoma State\n\nBureau of Investigation, the Alcoholic Beverage Laws Enforcement\n\nCommission, the Department of Corrections, or the Office of the\n\nAttorney General for the purposes provided for in subsection J, K or\n\nL of this section after at least ten (10) days of notice has been\n\ngiven by publication in one issue of a legal newspaper of the\n\ncounty. If the property is offered for sale at public auction,\n\nincluding an Internet auction, and no bid is received that exceeds\n\nfifty percent (50%) of the value of the property, such value to be\n\nannounced prior to the sale, the Director, Commissioner, Attorney\n\nGeneral, or district attorney may refuse to sell the item pursuant\n\nto any bid received. The Director, Commissioner, Attorney General,\n\nor district attorney shall make a return of the sale and, when\n\nconfirmed by the court, the order confirming the sale shall vest in\n\nthe purchaser title to the property so purchased.\n\nD. The money received from the sale of property by the Oklahoma\n\nState Bureau of Narcotics and Dangerous Drugs Control shall be used\n\nfor general drug enforcement purposes. These funds shall be\n\ntransferred to the Bureau of Narcotics Revolving Fund established\n\npursuant to Section 2-107 of this title or in the case of a district\n\nattorney, the revolving fund provided for in paragraph 3 of\n\nsubsection L of Section 2-506 of this title.\n\nE. At the request of the Department of Public Safety, the\n\ndistrict attorney or a designee of the district attorney may conduct\n\nany forfeiture proceedings as described in Section 2-503 of this\n\ntitle on any property subject to forfeiture as described in\n\nsubsection A, B or C of Section 2-503 of this title. The money\n\nreceived from the sale of property by the Department of Public\n\nSafety shall be deposited in the Department of Public Safety\n\nRestricted Revolving Fund and shall be expended for law enforcement\n\npurposes.\n\nF. The money received from the sale of property by the\n2-503 of this\n\ntitle on any property subject to forfeiture as described in\n\nsubsection A, B or C of Section 2-503 of this title. The money\n\nreceived from the sale of property by the Department of Public\n\nSafety shall be deposited in the Department of Public Safety\n\nRestricted Revolving Fund and shall be expended for law enforcement\n\npurposes.\n\nF. The money received from the sale of property by the\n\nAlcoholic Beverage Laws Enforcement Commission shall be deposited in\n\nthe General Revenue Fund of the state.\n\nG. The money received from the sale of property from the\n\nOklahoma State Bureau of Investigation shall be deposited in the\n\nOSBI Revolving Fund and shall be expended for law enforcement\n\npurposes.\n\nH. The Director of the Department of Corrections shall make a\n\nreturn of the sale and when confirmed by the court, the order\n\nconfirming the sale shall vest in the purchaser title to the\n\nproperty so purchased. Twenty-five percent (25%) of the money\n\nreceived from the sale shall be disbursed to a revolving fund in the\n\noffice of the county treasurer of the county wherein the property\n\nwas seized, said fund to be used as a revolving fund solely for\n\nenforcement of controlled dangerous substances laws, drug abuse\n\nprevention and drug abuse education. The remaining seventy-five\n\npercent (75%) shall be deposited in the Department of Corrections\n\nRevolving Fund to be expended for equipment for probation and parole\n\nofficers and correctional officers.\n\nI. The money received from the sale of property from the Office\n\nof the Attorney General shall be deposited in the Attorney General\n\nLaw Enforcement Revolving Fund and shall be expended for law\n\nenforcement purposes. The Office of the Attorney General may enter\n\ninto agreements with municipal, county or state agencies to return\n\nto such an agency a percentage of proceeds of the sale of any\n\nproperty seized by the agency and forfeited under the provisions of\n\nthis section.\n\nJ. Any property, including but not limited to uncontaminated\n\nlaboratory equipment used in the processing, manufacturing or\n\ncompounding of controlled dangerous substances in violation of the\n\nprovisions of the Uniform Controlled Dangerous Substances Act, upon\n\na court order, may be donated for classroom or laboratory use by the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control,\n\nDepartment of Public Safety, district attorney, the Alcoholic\n\nBeverage Laws Enforcement Commission, the Department of Corrections,\n\nor the Office of the Attorney General to any public secondary school\n\nor technology center school in this state or any institution of\n\nhigher education within The Oklahoma State System of Higher\n\nEducation.\n\nK. Any vehicle or firearm which has come into the possession\n\nand title vested in the Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control, the Department of Public Safety, the\n\nOklahoma State Bureau of Investigation, the Office of the Attorney\n\nGeneral or a district attorney, may be transferred, donated or\n\noffered for lease to any sheriff's office, tribal law enforcement\n\nagency, campus police department pursuant to the provisions of the\n\nOklahoma Campus Security Act, or police department in this state on\n\nan annual basis to assist with the enforcement of the provisions of\n\nthe Uniform Controlled Dangerous Substances Act. Each agency shall\n\npromulgate rules, regulations and procedures for leasing vehicles\n\nand firearms. No fully automatic weapons will be subject to the\n\nleasing agreement. All firearms leased may be utilized only by\n\nC.L.E.E.T.-certified officers who have received training in the type\n\nand class of weapon leased. Every lessee shall be required to\n\nsubmit an annual report to the leasing agency stating the condition\n\nof all leased property. A lease agreement may be renewed annually\n\nat the option of the leasing agency. Upon termination of a lease\ne\n\nleasing agreement. All firearms leased may be utilized only by\n\nC.L.E.E.T.-certified officers who have received training in the type\n\nand class of weapon leased. Every lessee shall be required to\n\nsubmit an annual report to the leasing agency stating the condition\n\nof all leased property. A lease agreement may be renewed annually\n\nat the option of the leasing agency. Upon termination of a lease\n\nagreement, the property shall be returned to the leasing agency for\n\nsale or other disposition. All funds derived from lease agreements\n\nor other disposition of property no longer useful to law enforcement\n\nshall be deposited in the agency's revolving fund, or in the case of\n\nthe Department of Public Safety, the Department of Public Safety\n\nRestricted Revolving Fund, and shall be expended for law enforcement\n\npurposes.\n\nL. Before disposing of any property pursuant to subsections C\n\nthrough I of this section, the Oklahoma State Bureau of Narcotics\n\nand Dangerous Drugs Control, the Department of Public Safety, the\n\nAlcoholic Beverage Laws Enforcement Commission, the Oklahoma State\n\nBureau of Investigation, the Department of Corrections, the Office\n\nof the Attorney General, or a district attorney may transfer or\n\ndonate the property to another state agency, tribal law enforcement\n\nagency, or school district for use upon request. In addition to the\n\nprovisions of this section, the Oklahoma State Bureau of Narcotics\n\nand Dangerous Drugs Control may transfer or donate property for any\n\npurpose pursuant to Section 2-106.2 of this title. The agencies and\n\nany district attorney that are parties to any transfer of property\n\npursuant to this subsection shall enter into written agreements to\n\ncarry out any such transfer of property. Any such agreement may\n\nalso provide for the granting of title to any property being\n\ntransferred as the parties deem appropriate. If the transfer of\n\nproperty is to a school district, a written agreement shall be\n\nentered into with the superintendent of the school district. No\n\nweapons may be transferred to a school district except as provided\n\nfor in subsection K of this section.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ae59c65b877dd6c2dc14666f0cf4cd702c2f4d3ce7f816eac497b728dc375e9a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-507","next":"us-ok/okla.-stat.-tit.-63-63-2-509"},"notice":"GroundRules: Original legal text. Not legal advice."}