§ 21-28-5.05. Forfeiture of controlled substances, related materials and other property, equipment and records.
(a) The following shall be subject to forfeiture to the state and no property right shall exist in them:
(1) All controlled substances manufactured, distributed, dispensed, or acquired in violation of this chapter.
(2) All raw materials, products, and equipment of any kind used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter.
(3) All property used, or intended for use, as a container for property described in subdivision (1) or (2) of this subsection, subject to the limitations of § 21-28-5.04.
(4) All books, records and research, including formulas, microfilm, tapes, and data used, or intended for use, in violation of this chapter.
(5) All imitation controlled substances manufactured, distributed, or acquired in violation of this chapter.
(b) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure. Whenever property is forfeited under this chapter the law enforcement agency may:
(1) Retain the property for official use;
(2) Sell any forfeited property which is not required by this chapter to be destroyed and which is not harmful to the public, but the proceeds of the sale, after first deducting an amount sufficient for all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs, shall be paid to the general treasurer for the use of the state.
History of Section.P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 2002, ch. 292, § 54.
Structure Rhode Island General Laws
Chapter 21-28 - Uniform Controlled Substances Act
Article V - Powers of Enforcement Personnel
Section 21-28-5.01. - Powers of enforcement personnel.
Section 21-28-5.02. - Administrative inspections.
Section 21-28-5.03. - [Reserved.]
Section 21-28-5.04. - Forfeiture of property and money.
Section 21-28-5.04.1. - Criminal forfeiture procedures.
Section 21-28-5.04.2. - Civil forfeiture procedure.
Section 21-28-5.06. - Seizure of contraband.
Section 21-28-5.07. - Disposition of controlled substances.
Section 21-28-5.07.1. - Application for use in other cases.
Section 21-28-5.07.2. - Issuance of orders.
Section 21-28-5.07.3. - Disclosure.
Section 21-28-5.07.4. - Control of controlled substance.
Section 21-28-5.07.5. - Rules and regulations.
Section 21-28-5.08. - Burden of proof.
Section 21-28-5.09. - Revocation of license of persons convicted.
Section 21-28-5.10. - Inspection of records — Information or knowledge obtained confidential.
Section 21-28-5.11. - Suspension of license or registration of drug dependent persons.
Section 21-28-5.12. - Appropriations and disbursements.