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RSA 318-B:17 · Disposal of Controlled Drugs in Possession of Law Enforcement Officer

Title
XXX: OCCUPATIONS AND PROFESSIONS
Chapter
318-B · CONTROLLED DRUG ACT
Status
current
Official source linked
Yes
Official source Copy section link

318-B:17 Disposal of Controlled Drugs in Possession of Law Enforcement Officer. – All controlled drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a law enforcement officer shall be forfeited and disposed of as follows:

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I.

The superior court shall order such controlled drugs forfeited and destroyed. A record of the place where the drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place and manner of destruction shall be kept, and return under oath, reporting said destruction, shall be made to the superior court and to the Drug Enforcement Administration, if controlled drugs are involved, by the officer who destroys them. I-a. The circuit court having jurisdiction over a misdemeanor or violation controlled drug offense may order such controlled drugs forfeited and destroyed upon written motion. Such order shall not be entered until after the period for appeal of the offense has expired. I-b. The circuit court shall require the same record and reporting of the officer who is destroying the controlled drugs as is required under paragraph I for the superior court, with the exception of notification to the Drug Enforcement Administration. I-c. All unwanted or unused controlled drugs which have come into the custody of a law enforcement officer, pursuant to a pharmaceutical drug take-back program, shall be disposed of in accordance with the disposal requirements for controlled drugs set forth under RSA 318-E. II, III. [Repealed.] Source. 1969, 421:1. 1983, 292:13. 1995, 310:181. 1998, 362:1, 2. 2003, 80:1. 2011, 63:7, 8. 2013, 222:1, eff. Jan. 1, 2014.

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Source note

Source. 1969, 421:1. 1983, 292:13. 1995, 310:181. 1998, 362:1, 2. 2003, 80:1. 2011, 63:7, 8. 2013, 222:1, eff. Jan. 1, 2014.

Source history

  • 1969, 421:1
  • 1983, 292:13
  • 1995, 310:181
  • 1998, 362:1, 2
  • 2003, 80:1
  • 2011, 63:7, 8
  • 2013, 222:1, eff. Jan. 1, 2014

Related materials

Bill relationships

  • 2026 HB1235 reference

    es on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section s

  • 2026 HB1235-FN reference

    es on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This section s

  • 2026 HB1237 reference

    owledging the receipt and understanding of the policy. XXII. Excluding the drugs described in 49 C.F.R. section 392.4 of the federal Motor Carrier regulations and outlined under RSA 318-B, the only drugs that may be transported are those legally prescribed by a licensed physician, in their original container, and in the possession of the person who is prescribed them. XXIII. A tow business whose driver

  • 2026 HB1423 amend · effective 2027-01-01

    ffect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 3 New Subdivision; Synthetic Kratom Policy. Amend RSA 318-B by inserting after section 50 the following new subdivision: Synthetic Kratom Policy 318-B:51 Definitions. In this subdivision, "synthetic kratom" or "semisynthetic kratom" means: I. An alkaloid or alkaloid de

  • 2026 HB1423-FN amend · effective 2027-01-01

    ffect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 3 New Subdivision; Synthetic Kratom Policy. Amend RSA 318-B by inserting after section 50 the following new subdivision: Synthetic Kratom Policy 318-B:51 Definitions. In this subdivision, "synthetic kratom" or "semisynthetic kratom" means: I. An alkaloid or alkaloid de

  • 2026 HB1796 reference · effective 2027-01-01

    arch, or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture pursuant to RSA 318-B: (a) A cultivator or provider possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and (b) A provider administering or a qualified patient t

  • 2026 HB1796-FN reference · effective 2027-01-01

    arch, or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture pursuant to RSA 318-B: (a) A cultivator or provider possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and (b) A provider administering or a qualified patient t

  • 2026 HB1801 amend · effective 2027-01-01

    e $100 per hour, and shall be adjusted annually to account for cost of living increases. 3 Controlled Drug Act; Forfeiture of Items Used in Connection With Drug Offenses. Amend RSA 318-B:17-b to read as follows: 318-B:17-b Forfeiture of Items Used in Connection With Drug Offense. I. Interests in the following property, upon petition of the [attorney general] state, shall be subject to forfeiture to

  • 2026 HB1801 add · effective 2027-01-01

    ered by a court in a specific case, interest on all moneys deposited in the seized asset escrow account shall be deposited annually into the drug forfeiture fund established under RSA 318-B:17-c. III. The court may order civil forfeiture of all items or property interests subject to the provisions of paragraph I[, except as follows: (a) No item or property interest shall be subject to forfeiture unless the o

  • 2026 HB1801-FN add · effective 2027-01-01

    ered by a court in a specific case, interest on all moneys deposited in the seized asset escrow account shall be deposited annually into the drug forfeiture fund established under RSA 318-B:17-c. III. The court may order civil forfeiture of all items or property interests subject to the provisions of paragraph I[, except as follows: (a) No item or property interest shall be subject to forfeiture unless the o

  • 2026 HB1801-FN amend · effective 2027-01-01

    e $100 per hour, and shall be adjusted annually to account for cost of living increases. 3 Controlled Drug Act; Forfeiture of Items Used in Connection With Drug Offenses. Amend RSA 318-B:17-b to read as follows: 318-B:17-b Forfeiture of Items Used in Connection With Drug Offense. I. Interests in the following property, upon petition of the [attorney general] state, shall be subject to forfeiture to

  • 2026 HB186 reference

    of Drugs. Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318-B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years. This

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