{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.23.html"}],"law_id":68664,"edition_id":1,"section_id":68664,"structure_id":15532,"section_number":"19.2-386.23","catch_line":"Disposal of seized controlled substances, marijuana, and paraphernalia","history":"Code 1950, \u00a7 54-524.101:5; 1973, c. 470; 1974, c. 113; 1975, cc. 14, 15, 607, \u00a7 18.2-253; 1979, cc. 435, 646; 1982, c. 462; 1990, c. 825; 1995, c. 578; 2001, c. 195; 2004, c. 995; 2005, cc. 868, 881; 2006, c. 107; 2011, cc. 384, 410; 2014, cc. 99, 254, 674, 686, 719; 2015, c. 429.","full_text":"A\n\nAll controlled substances, imitation controlled substances, marijuana, or paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer or have been seized in connection with violations of Chapter 7 (\u00a7 18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of as follows:1\n\nUpon written application by (i) the Department of Forensic Science, (ii) the Department of State Police, or (iii) any police department or sheriff’s office in a locality, the court may order the forfeiture of any such substance or paraphernalia to the Department of Forensic Science, the Department of State Police, or to such police department or sheriff’s office for research and training purposes and for destruction pursuant to regulations of the United States Department of Justice Drug Enforcement Administration and of the Board of Pharmacy once these purposes have been fulfilled.2\n\nIn the event no application is made under subdivision 1, the court shall order the destruction of all such substances or paraphernalia, which order shall state the existence and nature of the substance or paraphernalia, the quantity thereof, the location where seized, the person or persons from whom the substance or paraphernalia was seized, if known, and the manner whereby such item shall be destroyed. However, the court may order that paraphernalia identified in subdivision 5 of § 18.2-265.1 not be destroyed and that it be given to a person or entity that makes a showing to the court of sufficient need for the property and an ability to put the property to a lawful and publicly beneficial use. A return under oath, reporting the time, place and manner of destruction shall be made to the court by the officer to whom the order is directed. A copy of the order and affidavit shall be made a part of the record of any criminal prosecution in which the substance or paraphernalia was used as evidence and shall, thereafter, be prima facie evidence of its contents. In the event a law-enforcement agency recovers, seizes, finds, is given or otherwise comes into possession of any such substances or paraphernalia that are not evidence in a trial in the Commonwealth, the chief law-enforcement officer of the agency or his designee may, with the written consent of the appropriate attorney for the Commonwealth, order destruction of same; provided that a statement under oath, reporting a description of the substances and paraphernalia destroyed and the time, place and manner of destruction, is made to the chief law-enforcement officer by the officer to whom the order is directed.B\n\nNo such substance or paraphernalia used or to be used in a criminal prosecution under Chapter 7 (§ 18.2-247 et seq.) of Title 18.2 shall be disposed of as provided by this section until all rights of appeal have been exhausted, except as provided in § 19.2-386.24.C\n\nThe amount of any specific controlled substance, or imitation controlled substance, retained by any law-enforcement agency pursuant to a court order issued under this section shall not exceed five pounds, or 25 pounds in the case of marijuana. Any written application to the court for controlled substances, imitation controlled substances, or marijuana, shall certify that the amount requested shall not result in the requesting agency’s exceeding the limits allowed by this subsection.D\n\nA law-enforcement agency that retains any controlled substance, imitation controlled substance, or marijuana, pursuant to a court order issued under this section shall (i) be required to conduct an inventory of such substance on a monthly basis, which shall include a description and weight of the substance, and (ii) destroy such substance pursuant to subdivision A 1 when no longer needed for research and training purposes. A written report outlining the details of the inventory shall be made to the chief law-enforcement officer of the agency within 10 days of the completion of the inventory, and the agency shall detail the substances that were used for research and training pursuant to a court order in the immediately preceding fiscal year. Destruction of such substance shall be certified to the court along with a statement prepared under oath, reporting a description of the substance destroyed, and the time, place, and manner of destruction.","order_by":null,"text":{"0":{"id":248574,"text":"All controlled substances, imitation controlled substances, marijuana, or paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer or have been seized in connection with violations of Chapter 7 (\u00a7 18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":248575,"text":"Upon written application by (i) the Department of Forensic Science, (ii) the Department of State Police, or (iii) any police department or sheriff’s office in a locality, the court may order the forfeiture of any such substance or paraphernalia to the Department of Forensic Science, the Department of State Police, or to such police department or sheriff’s office for research and training purposes and for destruction pursuant to regulations of the United States Department of Justice Drug Enforcement Administration and of the Board of Pharmacy once these purposes have been fulfilled.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":248576,"text":"In the event no application is made under subdivision 1, the court shall order the destruction of all such substances or paraphernalia, which order shall state the existence and nature of the substance or paraphernalia, the quantity thereof, the location where seized, the person or persons from whom the substance or paraphernalia was seized, if known, and the manner whereby such item shall be destroyed. However, the court may order that paraphernalia identified in subdivision 5 of § 18.2-265.1 not be destroyed and that it be given to a person or entity that makes a showing to the court of sufficient need for the property and an ability to put the property to a lawful and publicly beneficial use. A return under oath, reporting the time, place and manner of destruction shall be made to the court by the officer to whom the order is directed. A copy of the order and affidavit shall be made a part of the record of any criminal prosecution in which the substance or paraphernalia was used as evidence and shall, thereafter, be prima facie evidence of its contents. In the event a law-enforcement agency recovers, seizes, finds, is given or otherwise comes into possession of any such substances or paraphernalia that are not evidence in a trial in the Commonwealth, the chief law-enforcement officer of the agency or his designee may, with the written consent of the appropriate attorney for the Commonwealth, order destruction of same; provided that a statement under oath, reporting a description of the substances and paraphernalia destroyed and the time, place and manner of destruction, is made to the chief law-enforcement officer by the officer to whom the order is directed.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":248577,"text":"No such substance or paraphernalia used or to be used in a criminal prosecution under Chapter 7 (§ 18.2-247 et seq.) of Title 18.2 shall be disposed of as provided by this section until all rights of appeal have been exhausted, except as provided in § 19.2-386.24.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":248578,"text":"The amount of any specific controlled substance, or imitation controlled substance, retained by any law-enforcement agency pursuant to a court order issued under this section shall not exceed five pounds, or 25 pounds in the case of marijuana. Any written application to the court for controlled substances, imitation controlled substances, or marijuana, shall certify that the amount requested shall not result in the requesting agency’s exceeding the limits allowed by this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":248579,"text":"A law-enforcement agency that retains any controlled substance, imitation controlled substance, or marijuana, pursuant to a court order issued under this section shall (i) be required to conduct an inventory of such substance on a monthly basis, which shall include a description and weight of the substance, and (ii) destroy such substance pursuant to subdivision A 1 when no longer needed for research and training purposes. A written report outlining the details of the inventory shall be made to the chief law-enforcement officer of the agency within 10 days of the completion of the inventory, and the agency shall detail the substances that were used for research and training pursuant to a court order in the immediately preceding fiscal year. Destruction of such substance shall be certified to the court along with a statement prepared under oath, reporting a description of the substance destroyed, and the time, place, and manner of destruction.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15532,"edition_id":1,"name":"Miscellaneous Forfeiture Provisions","identifier":"22.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:56:02","date_modified":"2026-06-26 03:56:02","permalink":{"id":170315,"object_type":"structure","relational_id":15532,"identifier":"22.2","token":"19.2\/22.2","url":"\/19.2\/22.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76677,"structure_id":15532,"section_number":"19.2-386.15","catch_line":"Seizure of property used in connection with or derived from terrorism","url":"\/19.2-386.15\/","token":"19.2\/22.2\/19.2-386.15","metadata":false},{"id":60983,"structure_id":15532,"section_number":"19.2-386.16","catch_line":"Forfeiture of motor vehicles used in commission of certain crimes","url":"\/19.2-386.16\/","token":"19.2\/22.2\/19.2-386.16","metadata":false},{"id":59670,"structure_id":15532,"section_number":"19.2-386.17","catch_line":"Forfeitures for computer crimes","url":"\/19.2-386.17\/","token":"19.2\/22.2\/19.2-386.17","metadata":false},{"id":73735,"structure_id":15532,"section_number":"19.2-386.18","catch_line":"Forfeiture of unlawful electronic communication devices","url":"\/19.2-386.18\/","token":"19.2\/22.2\/19.2-386.18","metadata":false},{"id":84430,"structure_id":15532,"section_number":"19.2-386.19","catch_line":"Seizure of property used in connection with money laundering","url":"\/19.2-386.19\/","token":"19.2\/22.2\/19.2-386.19","metadata":false},{"id":59919,"structure_id":15532,"section_number":"19.2-386.20","catch_line":"Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale","url":"\/19.2-386.20\/","token":"19.2\/22.2\/19.2-386.20","metadata":false},{"id":76319,"structure_id":15532,"section_number":"19.2-386.21","catch_line":"Forfeiture of counterfeit and contraband cigarettes","url":"\/19.2-386.21\/","token":"19.2\/22.2\/19.2-386.21","metadata":false},{"id":79626,"structure_id":15532,"section_number":"19.2-386.22","catch_line":"Seizure of property used in connection with or derived from illegal drug transactions","url":"\/19.2-386.22\/","token":"19.2\/22.2\/19.2-386.22","metadata":false},{"id":68664,"structure_id":15532,"section_number":"19.2-386.23","catch_line":"Disposal of seized controlled substances, marijuana, and paraphernalia","url":"\/19.2-386.23\/","token":"19.2\/22.2\/19.2-386.23","metadata":false},{"id":67824,"structure_id":15532,"section_number":"19.2-386.24","catch_line":"Destruction of seized controlled substances or marijuana prior to trial","url":"\/19.2-386.24\/","token":"19.2\/22.2\/19.2-386.24","metadata":false},{"id":61520,"structure_id":15532,"section_number":"19.2-386.25","catch_line":"Judge may order law-enforcement agency to maintain custody of controlled substances, etc","url":"\/19.2-386.25\/","token":"19.2\/22.2\/19.2-386.25","metadata":false},{"id":77904,"structure_id":15532,"section_number":"19.2-386.26","catch_line":"Seizure and forfeiture of drug paraphernalia","url":"\/19.2-386.26\/","token":"19.2\/22.2\/19.2-386.26","metadata":false},{"id":84672,"structure_id":15532,"section_number":"19.2-386.27","catch_line":"Forfeiture of firearms carried in violation of Article 6.1 (\u00a7 18.2-307.1 et seq.)","url":"\/19.2-386.27\/","token":"19.2\/22.2\/19.2-386.27","metadata":false},{"id":75668,"structure_id":15532,"section_number":"19.2-386.28","catch_line":"Forfeiture of weapons, etc., that are concealed, possessed, transported, or carried in violation of law","url":"\/19.2-386.28\/","token":"19.2\/22.2\/19.2-386.28","metadata":false},{"id":60469,"structure_id":15532,"section_number":"19.2-386.29","catch_line":"Forfeiture of certain weapons used in commission of criminal offense","url":"\/19.2-386.29\/","token":"19.2\/22.2\/19.2-386.29","metadata":false},{"id":85951,"structure_id":15532,"section_number":"19.2-386.30","catch_line":"Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise; innocent owners or lienors","url":"\/19.2-386.30\/","token":"19.2\/22.2\/19.2-386.30","metadata":false},{"id":66548,"structure_id":15532,"section_number":"19.2-386.31","catch_line":"Seizure and forfeiture of property used in connection with the exploitation and solicitation of children","url":"\/19.2-386.31\/","token":"19.2\/22.2\/19.2-386.31","metadata":false},{"id":76499,"structure_id":15532,"section_number":"19.2-386.32","catch_line":"Seizure and forfeiture of property used in connection with the abduction of children","url":"\/19.2-386.32\/","token":"19.2\/22.2\/19.2-386.32","metadata":false},{"id":85837,"structure_id":15532,"section_number":"19.2-386.33","catch_line":"Forfeiture of money, etc., derived from violation of \u00a7\u00a7 2.2-3103 through 2.2-3112","url":"\/19.2-386.33\/","token":"19.2\/22.2\/19.2-386.33","metadata":false},{"id":86284,"structure_id":15532,"section_number":"19.2-386.34","catch_line":"Forfeiture of vehicle used in a felony violation of \u00a7 18.2-266","url":"\/19.2-386.34\/","token":"19.2\/22.2\/19.2-386.34","metadata":false},{"id":79782,"structure_id":15532,"section_number":"19.2-386.35","catch_line":"Seizure of property used in connection with certain offenses","url":"\/19.2-386.35\/","token":"19.2\/22.2\/19.2-386.35","metadata":false},{"id":59228,"structure_id":15532,"section_number":"19.2-386.36","catch_line":"Seizure of moneys or other assets of value in connection with or derived from financial exploitation of vulnerable adults","url":"\/19.2-386.36\/","token":"19.2\/22.2\/19.2-386.36","metadata":false}],"previous_section":{"id":79626,"structure_id":15532,"section_number":"19.2-386.22","catch_line":"Seizure of property used in connection with or derived from illegal drug transactions","url":"\/19.2-386.22\/","token":"19.2\/22.2\/19.2-386.22","metadata":false},"next_section":{"id":67824,"structure_id":15532,"section_number":"19.2-386.24","catch_line":"Destruction of seized controlled substances or marijuana prior to trial","url":"\/19.2-386.24\/","token":"19.2\/22.2\/19.2-386.24","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.23\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 470; in 1974, chapter 113; in 1975, chapters 14, 15, and 607; in 1979, chapters 435 and 646; in 1982, chapter 462; in 1990, chapter 825; in 1995, chapter 578<\/a>; in 2001, chapter 195<\/a>; in 2004, chapter 995<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2006, chapter 107<\/a>; in 2011, chapters 384<\/a> and 410<\/a>; in 2014, chapters 99<\/a>, 254<\/a>, 674<\/a>, 686<\/a>, and 719<\/a>; in 2015, chapter 429<\/a>.<\/p>","references":[{"id":59185,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","order_by":null,"url":"\/19.2-270.4\/"},{"id":77904,"section_number":"19.2-386.26","catch_line":"Seizure and forfeiture of drug paraphernalia","order_by":null,"url":"\/19.2-386.26\/"}],"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":54839,"section_number":"18.2-265.1","catch_line":"Definition","order_by":null,"url":"\/18.2-265.1\/"}],"permalink":{"id":170349,"object_type":"law","relational_id":68664,"identifier":"19.2-386.23","token":"19.2\/22.2\/19.2-386.23","url":"\/19.2-386.23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.23\/","token":"19.2\/22.2\/19.2-386.23","dublin_core":{"Title":"Disposal of seized controlled substances, marijuana, and paraphernalia","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All controlled substances, imitation controlled substances, marijuana, or paraphernalia, the lawful possession<\/span> of which is not established or the title to which cannot be ascertained, which have come into the custody<\/span> of a peace officer<\/span> or have been seized in connection with violations of Chapter 7 (\u00a7 18.2-247<\/a> et seq.) of Title 18.2, shall be forfeited and disposed of as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Upon written application by (i) the Department of Forensic Science, (ii) the Department of State Police, or (iii) any police department or sheriff’s office in a locality, the court<\/span> may order<\/span> the forfeiture of any such substance or paraphernalia to the Department of Forensic Science, the Department of State Police, or to such police department or sheriff’s office for research and training purposes and for destruction pursuant to regulations of the United States Department of Justice Drug Enforcement Administration and of the Board of Pharmacy once these purposes have been fulfilled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the event no application is made under subdivision 1, the court<\/span> shall order<\/span> the destruction of all such substances or paraphernalia, which order<\/span> shall state the existence and nature of the substance or paraphernalia, the quantity thereof, the location where seized, the person or persons from whom the substance or paraphernalia was seized, if known, and the manner whereby such item shall be destroyed. However, the court<\/span> may order<\/span> that paraphernalia identified in subdivision 5 of § 18.2-265.1<\/a> not be destroyed and that it be given to a person or entity that makes a showing to the court<\/span> of sufficient need for the property and an ability to put the property to a lawful and publicly beneficial use. A return under oath<\/span>, reporting the time, place and manner of destruction shall be made to the court<\/span> by the officer to whom the order<\/span> is directed. A copy of the order<\/span> and affidavit<\/span> shall be made a part of the record of any criminal prosecution<\/span> in which the substance or paraphernalia was used as evidence<\/span> and shall, thereafter, be prima facie evidence<\/span> of its contents. In the event a law<\/span>-enforcement agency recovers, seizes, finds, is given or otherwise comes into possession<\/span> of any such substances or paraphernalia that are not evidence<\/span> in a trial<\/span> in the Commonwealth, the chief law<\/span>-enforcement officer of the agency or his designee may, with the written consent of the appropriate attorney for the Commonwealth, order<\/span> destruction of same; provided that a statement under oath<\/span>, reporting a description of the substances and paraphernalia destroyed and the time, place and manner of destruction, is made to the chief law<\/span>-enforcement officer by the officer to whom the order<\/span> is directed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No such substance or paraphernalia used or to be used in a criminal prosecution<\/span> under Chapter 7 (§ 18.2-247<\/a> et seq.) of Title 18.2 shall be disposed of as provided by this section until all rights of appeal<\/span> have been exhausted, except as provided in § 19.2-386.24<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The amount of any specific controlled substance, or imitation controlled substance, retained by any law<\/span>-enforcement agency pursuant to a court order<\/span> issued under this section shall not exceed five pounds, or 25 pounds in the case of marijuana. Any written application to the court for controlled substances, imitation controlled substances, or marijuana, shall certify that the amount requested shall not result in the requesting agency’s exceeding the limits allowed by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A law<\/span>-enforcement agency that retains any controlled substance, imitation controlled substance, or marijuana, pursuant to a court order<\/span> issued under this section shall (i) be required to conduct an inventory of such substance on a monthly basis, which shall include a description and weight of the substance, and (ii) destroy such substance pursuant to subdivision A 1 when no longer needed for research and training purposes. A written report outlining the details of the inventory shall be made to the chief law<\/span>-enforcement officer of the agency within 10 days of the completion of the inventory, and the agency shall detail the substances that were used for research and training pursuant to a court order<\/span> in the immediately preceding fiscal year. Destruction of such substance shall be certified to the court along with a statement prepared under oath<\/span>, reporting a description of the substance destroyed, and the time, place, and manner of destruction. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSAL OF SEIZED CONTROLLED SUBSTANCES, MARIJUANA, AND PARAPHERNALIA (\u00a7\n19.2-386.23)\n\nA. All controlled substances, imitation controlled substances, marijuana, or\nparaphernalia, the lawful possession of which is not established or the title to\nwhich cannot be ascertained, which have come into the custody of a peace officer\nor have been seized in connection with violations of Chapter 7 (\u00a7 18.2-247 et\nseq.) of Title 18.2, shall be forfeited and disposed of as follows:\n\n 1. Upon written application by (i) the Department of Forensic Science, (ii)\n the Department of State Police, or (iii) any police department or\n sheriff’s office in a locality, the court may order the forfeiture of\n any such substance or paraphernalia to the Department of Forensic Science, the\n Department of State Police, or to such police department or sheriff’s\n office for research and training purposes and for destruction pursuant to\n regulations of the United States Department of Justice Drug Enforcement\n Administration and of the Board of Pharmacy once these purposes have been\n fulfilled.\n\n 2. In the event no application is made under subdivision 1, the court shall\n order the destruction of all such substances or paraphernalia, which order\n shall state the existence and nature of the substance or paraphernalia, the\n quantity thereof, the location where seized, the person or persons from whom\n the substance or paraphernalia was seized, if known, and the manner whereby\n such item shall be destroyed. However, the court may order that paraphernalia\n identified in subdivision 5 of § 18.2-265.1 not be destroyed and that it\n be given to a person or entity that makes a showing to the court of sufficient\n need for the property and an ability to put the property to a lawful and\n publicly beneficial use. A return under oath, reporting the time, place and\n manner of destruction shall be made to the court by the officer to whom the\n order is directed. A copy of the order and affidavit shall be made a part of\n the record of any criminal prosecution in which the substance or paraphernalia\n was used as evidence and shall, thereafter, be prima facie evidence of its\n contents. In the event a law-enforcement agency recovers, seizes, finds, is\n given or otherwise comes into possession of any such substances or\n paraphernalia that are not evidence in a trial in the Commonwealth, the chief\n law-enforcement officer of the agency or his designee may, with the written\n consent of the appropriate attorney for the Commonwealth, order destruction of\n same; provided that a statement under oath, reporting a description of the\n substances and paraphernalia destroyed and the time, place and manner of\n destruction, is made to the chief law-enforcement officer by the officer to\n whom the order is directed.\n\nB. No such substance or paraphernalia used or to be used in a criminal\nprosecution under Chapter 7 (§ 18.2-247 et seq.) of Title 18.2 shall be\ndisposed of as provided by this section until all rights of appeal have been\nexhausted, except as provided in § 19.2-386.24.\n\nC. The amount of any specific controlled substance, or imitation controlled\nsubstance, retained by any law-enforcement agency pursuant to a court order\nissued under this section shall not exceed five pounds, or 25 pounds in the case\nof marijuana. Any written application to the court for controlled substances,\nimitation controlled substances, or marijuana, shall certify that the amount\nrequested shall not result in the requesting agency’s exceeding the limits\nallowed by this subsection.\n\nD. A law-enforcement agency that retains any controlled substance, imitation\ncontrolled substance, or marijuana, pursuant to a court order issued under this\nsection shall (i) be required to conduct an inventory of such substance on a\nmonthly basis, which shall include a description and weight of the substance,\nand (ii) destroy such substance pursuant to subdivision A 1 when no longer\nneeded for research and training purposes. A written report outlining the\ndetails of the inventory shall be made to the chief law-enforcement officer of\nthe agency within 10 days of the completion of the inventory, and the agency\nshall detail the substances that were used for research and training pursuant to\na court order in the immediately preceding fiscal year. Destruction of such\nsubstance shall be certified to the court along with a statement prepared under\noath, reporting a description of the substance destroyed, and the time, place,\nand manner of destruction.\n\nHISTORY: Code 1950, \u00a7 54-524.101:5; 1973, c. 470; 1974, c. 113; 1975, cc. 14,\n15, 607, \u00a7 18.2-253; 1979, cc. 435, 646; 1982, c. 462; 1990, c. 825; 1995, c.\n578; 2001, c. 195; 2004, c. 995; 2005, cc. 868, 881; 2006, c. 107; 2011, cc.\n384, 410; 2014, cc. 99, 254, 674, 686, 719; 2015, c. 429.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}