                                 CODE OF VIRGINIA

DISPOSAL OF SEIZED CONTROLLED SUBSTANCES, MARIJUANA, AND PARAPHERNALIA (§
19.2-386.23)

A. 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 (§ 18.2-247 et
seq.) of Title 18.2, shall be forfeited and disposed of as follows:

   1. Upon written application by (i) the Department of Forensic Science, (ii)
   the Department of State Police, or (iii) any police department or
   sheriff&#8217;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&#8217;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. 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 &#xA7; 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. No such substance or paraphernalia used or to be used in a criminal
prosecution under Chapter 7 (&#xA7; 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 &#xA7; 19.2-386.24.

C. 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&#8217;s exceeding the limits
allowed by this subsection.

D. 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.

HISTORY: Code 1950, § 54-524.101:5; 1973, c. 470; 1974, c. 113; 1975, cc. 14,
15, 607, § 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.