California Health and Safety Code CHAPTER 8 - Seizure and Disposition

• Section 11469.
  In order to ensure the proper utilization of the laws permitting the seizure and forfeiture of property under this chapter, the Legislature hereby establishes the...
• Section 11470.
  The following are subject to forfeiture:(a) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this division.(b) All raw materials, products, and...
• Section 11470.1.
  (a) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to, any controlled substance or its precursors shall be recoverable from:(1) Any person who...
• Section 11470.2.
  (a)  In lieu of a civil action for the recovery of expenses as provided in Section 11470.1, the prosecuting attorney in a criminal proceeding may,...
• Section 11470.3.
  (a)  Section 11470 shall be applicable to property owned by, or in the possession of, minors. (b)  The procedures for the forfeiture of property that...
• Section 11470.4.
  The provisions of this chapter apply to any minor who has been found to be a person described in Section 602 of the Welfare and...
• Section 11471.
  Property subject to forfeiture under this division may be seized by any peace officer upon process issued by any court having jurisdiction over the property....
• Section 11471.2.
  (a) State or local law enforcement authorities shall not refer or otherwise transfer property seized under state law authorizing the seizure of property to a federal...
• Section 11471.5.
  A peace officer making a seizure pursuant to Section 11471 shall notify the Franchise Tax Board where there is reasonable cause to believe that the...
• Section 11472.
  Controlled substances and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance, which are possessed in violation of this...
• Section 11473.
  (a)  All seizures under provisions of this chapter, except seizures of vehicles, boats, or airplanes, as specified in subdivision (e) of Section 11470, or seizures...
• Section 11473.5.
  (a)  All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city,...
• Section 11474.
  A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant to the provisions of Section 11473 or 11473.5 may be carried out...
• Section 11475.
  Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this division are contraband and shall be...
• Section 11476.
  Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this...
• Section 11477.
  The failure, upon demand by a peace officer of the person in occupancy or in control of land or premises upon which the species of...
• Section 11478.
  Cannabis may be provided by the Attorney General to the heads of research projects which have been registered by the Attorney General, and which have...
• Section 11479.
  Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected controlled substance, except in the case of...
• Section 11479.1.
  (a)  Notwithstanding the provisions of Sections 11473, 11473.5, and 11479, at any time after seizure by a law enforcement agency and identification by a forensic...
• Section 11479.2.
  Notwithstanding the provisions of Sections 11473, 11473.5, 11474, 11479, and 11479.1, at any time after seizure by a law enforcement agency of a suspected controlled...
• Section 11479.5.
  (a)  Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected hazardous chemical, the chemical’s container, or...
• Section 11480.
  (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate...
• Section 11481.
  The Research Advisory Panel may hold hearings on, and in other ways study, research projects concerning the treatment of abuse of controlled substances.The panel may...
• Section 11483.
  No provision of this division shall be construed to prohibit the establishment and effective operation of a narcotic treatment program licensed pursuant to Article 4...
• Section 11485.
  Any peace officer of this state who, incident to a search under a search warrant issued for a violation of Section 11358 with respect to...
• Section 11488.
  (a)  Any peace officer of this state, subsequent to making or attempting to make an arrest for a violation of Section 11351, 11351.5, 11352, 11355,...
• Section 11488.1.
  Property seized pursuant to Section 11488 may, where appropriate, be held for evidence. The Attorney General or the district attorney for the jurisdiction involved shall...
• Section 11488.2.
  Within 15 days after the seizure, if the peace officer does not hold the property seized pursuant to Section 11488 for evidence or if the...
• Section 11488.4.
  (a) (1) Except as provided in subdivision (j), if the Department of Justice or the local governmental entity determines that the factual circumstances do warrant that the...
• Section 11488.5.
  (a) (1) Any person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for...
• Section 11488.6.
  (a)  If the court or jury at the forfeiture hearing finds that the property is forfeitable pursuant to Section 11470, but does not find that...
• Section 11489.
  Notwithstanding Section 11502 and except as otherwise provided in Section 11473, in all cases where the property is seized pursuant to this chapter and forfeited...
• Section 11490.
  The provisions of this division relative to forfeiture of vehicles, boats, or airplanes shall not apply to a common carrier, or to an employee acting...
• Section 11491.
  Nothing in this chapter shall be construed to extend or change decisional law as it relates to the topic of search and seizure.(Added by renumbering...
• Section 11492.
  (a)  Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders...
• Section 11493.
  There is hereby created in the General Fund the Narcotics Assistance and Relinquishment by Criminal Offender Fund. The fund shall be administered by an advisory...
• Section 11494.
  In the case of any property seized or forfeiture proceeding initiated before January 1, 1994, the proceeding to forfeit the property and the distribution of...
• Section 11495.
  (a) The funds received by the law enforcement agencies under Section 11489 shall be deposited into an account maintained by the Controller, county auditor, or city...

Last modified: October 22, 2018