MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representatives Mims, Baria, Carpenter
AN ACT TO AMEND SECTION 41-29-113, MISSISSIPPI CODE OF 1972, TO ADD CERTAIN HALLUCINOGENIC SUBSTANCES TO SCHEDULE I OF THE UNIFORM CONTROLLED SUBSTANCES ACT AND TO EXEMPT CERTAIN USES OF CANNABIDIOL; TO AMEND SECTION 41-29-119, MISSISSIPPI CODE OF 1972, TO ADD LORCASERIN TO SCHEDULE IV OF THE UNIFORM CONTROLLED SUBSTANCES ACT; TO AUTHORIZE A PILOT PROGRAM FOR RESEARCH AND DISPENSING OF CANNABIDIOL; TO AMEND SECTION 41-29-176, MISSISSIPPI CODE OF 1972, TO REVISE THE ADMINISTRATIVE FORFEITURE OF PROPERTY UNDER THE UNIFORM CONTROLLED SUBSTANCES LAW; TO AMEND SECTION 2, CHAPTER 484, LAWS OF 2013, TO EXTEND THE REPEAL DATE ON SECTION 41-29-176; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-113, Mississippi Code of 1972, is amended as follows:
41-29-113. The controlled substances listed in this section are included in Schedule I.
SCHEDULE I
(a) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl;
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol, except levo-alphacetylmethadol (levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl;
(8) Alpha-methylthiofentanyl;
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl;
(12) Beta-hydroxy-3-methylfentanyl;
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-methylfentanyl;
(35) 3-methylthiofentanyl;
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl;
(43) PEPAP (1-(-2- * * *phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl;
(54) Tilidine;
(55) Trimeperidine.
(b) Opiate derivatives. Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine; (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Monoacetylmorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
(c) Hallucinogenic substances. Any material, compound, mixture or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric) and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
( * * *1) Alpha-ethyltryptamine;
( * * *2) 4-bromo-2,5-dimethoxy-amphetamine;
( * * *3) 4-bromo-2,5- * * *dimethoxyphenethylamine;
( * * *4) 2,5-dimethoxyamphetamine;
( * * *5) 2,5-dimethoxy-4-ethylamphetamine
(DOET);
( * * *6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine
(2C-T-7);
( * * *7) 4-methoxyamphetamine;
( * * *8) 5-methoxy-3,4-methylenedioxy-amphetamine;
( * * *9) 4-methyl-2,5-dimethoxy-amphetamine;
( * * *10) 3,4-methylenedioxy amphetamine;
( * * *11) 3,4-methylenedioxymethamphetamine
(MDMA);
( * * *12) 3,4-methylenedioxy-N-ethylamphetamine
(also known as N-ethyl-alpha-methyl-3,4(methylenedioxy) * * *phenethylamine, N-ethyl
MDA, MDE, MDEA);
( * * *13) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy MDA, N-OHMDA, and N-hydroxy-alpha-methyl-3,4(methylenedioxy) * * *phenethylamine);
( * * *14) 3,4,5-trimethoxy amphetamine;
( * * *15) 5-methoxy-N,N-dimethyltryptamine
(5-MeO-DMT);
( * * *16) Alpha-methyltryptamine (also known
as AMT);
( * * *17) Bufotenine;
( * * *18) Diethyltryptamine;
( * * *19) Dimethyltryptamine;
( * * *20) 5-methoxy-N,N-diisopropyltryptamine
(5-MeO-DIPT);
( * * *21) Ibogaine;
( * * *22) Lysergic acid diethylamide (LSD);
( * * *23) (A) Marihuana;
(B) Hashish;
( * * *24) Mescaline;
( * * *25) Parahexyl;
( * * *26) Peyote;
( * * *27) N-ethyl-3-piperidyl benzilate;
( * * *28) N-methyl-3-piperidyl benzilate;
( * * *29) Psilocybin;
( * * *30) Psilocyn;
( * * *31) Tetrahydrocannabinols, meaning
tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis
plant), as well as the synthetic equivalents of the substances contained in the
cannabis plant, or in the resinous extractives of such plant, and/or synthetic
substances, derivatives, and their isomers with similar chemical structure and
pharmacological activity to those substances contained in the plant such as the
following:
(A) 1 cis or trans tetrahydrocannabinol;
(B) 6 cis or trans tetrahydrocannabinol;
(C) 3,4 cis or trans tetrahydrocannabinol.
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of atomic positions are covered.)
("Tetrahydrocannabinols" excludes dronabinol and nabilone.)
However, the following products are exempted from control:
(i)
THC-containing industrial products made from cannabis stalks (e.g., * * * paper, rope and clothing * * *);
(ii) Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;
(iii) Animal
feed mixtures that contain sterilized cannabis seeds and other ingredients (not
derived from the cannabis plant) in a formula designed, marketed and distributed
for nonhuman consumption; * * * and
(iv) Personal
care products that contain oil from sterilized cannabis seeds, such as
shampoos, soaps, and body lotions ( * * * if the products do
not cause THC to enter the human body); and
(v) Processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabidiol (CBD) or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (.5%) of tetrahydrocannabinol;
(32) Phencyclidine;
( * * *33) Ethylamine analog of
phencyclidine (PCE);
( * * *34) Pyrrolidine analog of
phencyclidine (PHP, PCPy);
( * * *35) Thiophene analog of
phencyclidine;
( * * *36) 1-[1-(2-thienyl)cyclohexyl]
pyrrolidine (TCPy);
(37) 4-methylmethcathinone (mephedrone);
(38) 3,4-methylenedioxypyrovalerone (MDPV);
( * * *39) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine
(2C-E);
( * * *40) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine
(2C-D);
( * * *41) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine
(2C-C);
( * * *42) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine
(2C-I); or 2,5-dimethoxy-4-iodophenethylamine;
( * * *43) 2-[4-(ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2);
( * * *44) 2-[4-(isopropylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-4);
( * * *45) 2-(2,5-dimethoxyphenyl)ethanamine
(2C-H);
( * * *46) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine
(2C-N);
( * * *47) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine
(2C-P);
(48) 3,4-methylenedioxy-N-methylcathinone(methylone);
( * * *49) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36);
( * * *50) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82);
( * * *51) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
or N-[(2-methoxyphenyl)methyl]ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);
(52) 7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1, 4-benzodiazepin-2-one (also known as Phenazepam);
(53) 7-(2-chlorophenyl)-4-ethyl-13-methyl-3-thia-1,8, 11,12-tetraazatricyclo[8.3.0.0]trideca-2(6),4,7,10,12-pentaene (also known as Etizolam);
( * * *54) Salvia divinorum;
( * * *55) Synthetic cannabinoids.
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of a
synthetic cannabinoid found in any of the following chemical groups, whether or
not substituted to any extent, or any of those groups which contain any
synthetic cannabinoid salts, isomers, or salts of isomers, whenever the
existence of such salts, isomers, or salts of isomers is possible within the
specific chemical designation, including all synthetic cannabinoid chemical
analogues in such groups:
(A) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);
(B) Naphthoylindoles and naphthylmethylindoles, being any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane, whether or not substituted in the indole ring to any extent, or in the naphthyl ring to any extent;
(C) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl)pyrrole, whether or not substituted in the pyrrole ring to any extent, or in the naphthyl ring to any extent;
(D) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl)indene, whether or not substituted in the indene ring to any extent or in the naphthyl ring to any extent;
(E) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;
(F) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol, whether or not substituted in the cyclohexyl ring to any extent or in the phenolic ring to any extent;
(G) Benzoylindoles, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;
(H) Adamantoylindoles, whether or not substituted in the indole ring to any extent or in the adamantoyl ring system to any extent;
(I) Tetrahydro
derivatives of cannabinol and 3-alkyl homologues of cannabiniol or of its
tetrahydro derivatives, except where contained in cannabis or cannabis resin * * *;
(J) 3-Cyclopropylmethanone indole or 3-Cyclobutylmethanone indole or 3-Cyclopentylmethanone indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent;
(K) Quinolinyl ester indoles, being any compound structurally derived from 1H-indole-3carboxylic acid-8-quinolinyl ester, whether or not substituted in the indole ring to any extent or the quinolone ring to any extent;
(L) 3-carbozamide-1H-indazoles, whether or not substituted in the indazole ring to any extent and substituted to any degree on the carboxamide nitrogen and 3-carboxamide-1H-indoles, whether or not substituted in the indole ring to any extent and substituted to any degree on the carboxamide nitrogen;
(M) Cycloalkanemethanone Indoles, whether or not substituted at the nitrogen atom on the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cycloalkane ring to any extent.
(d) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Gamma-hydroxybutyric acid (other names include: GHB, gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
(2) Mecloqualone;
(3) Methaqualone.
(e) Stimulants. Any material, compound, mixture or preparation which contains any quantity of the following central nervous system stimulants including optical salts, isomers and salts of isomers unless specifically excepted or unless listed in another schedule:
(1) Aminorex;
(2) N-benzylpiperazine (also known as BZP; 1-benzylpiperazine);
( * * *3) Cathinone * * *;
( * * *4) Fenethylline;
(5) Methcathinone;
( * * *6) 4-methylaminorex (also known as 2-amino-4-methyl-5-phenyl-2-oxazoline);
( * * *7) N-ethylamphetamine;
( * * *8) Any material, compound, mixture or
preparation which contains any quantity of N,N-dimethylamphetamine. (Other
names include: N,N,-alpha-trimethyl-benzeneethanamine, and N,N-alphatrimethylphenethylamine);
(9) Unless listed in another schedule, any compound other than bupropion that is structurally derived from 2-Amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) By substitution at the 3-position with an alkyl substituent;
(iii) By substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
SECTION 2. Section 41-29-119, Mississippi Code of 1972, is amended as follows:
41-29-119. (A) The controlled substances listed in this section are included in Schedule IV.
SCHEDULE IV
(a) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains limited quantities of the following narcotic drugs, or any salts thereof:
(1) Not more than one (1) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene, including its salts (Darvon, Darvon-N; also found in Darvon compound and Darvocet-N, etc.).
(b) Depressants. Any material, compound, mixture or preparation which contains any quantity of the following substances:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Carisoprodol;
(6) Chloral betaine;
(7) Chloral hydrate;
(8) Chlordiazepoxide and its salts, but does not include chlordiazepoxide hydrochloride and clidinium bromide or chlordiazepoxide and esterified estrogens;
(9) Clobazam;
(10) Clonazepam;
(11) Clorazepate;
(12) Clotiazepam;
(13) Cloxazolam;
(14) Delorazepam;
(15) Diazepam;
(16) Dichloralphenazone;
(17) Estazolam;
(18) Ethchlorvynol;
(19) Ethinamate;
(20) Ethyl loflazepate;
(21) Fludiazepam;
(22) Flunitrazepam;
(23) Flurazepam;
(24) Fospropofol;
(25) Halazepam;
(26) Haloxazolam;
(27) Ketazolam;
(28) Loprazolam;
(29) Lorazepam;
(30) Lormetazepam;
(31) Mazindol;
(32) Mebutamate;
(33) Medazepam;
(34) Meprobamate;
(35) Methohexital;
(36) Methylphenobarbital;
(37) Midazolam;
(38) Nimetazepam;
(39) Nitrazepam;
(40) Nordiazepam;
(41) Oxazepam;
(42) Oxazolam;
(43) Paraldehyde;
(44) Petrichloral;
(45) Phenobarbital;
(46) Pinazepam;
(47) Prazepam;
(48) Quazepam;
(49) Temazepam;
(50) Tetrazepam;
(51) Triazolam;
(52) Zaleplon;
(53) Zolpidem;
(54) Zopiclone.
(c) Fenfluramine.
(d) Lorcaserin. Any material, compound, mixture, or preparation which contains any quantity of Lorcaserin, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible.
( * * *e) Stimulants. Any material,
compound, mixture or preparation which contains any quantity of the following
substances:
(1) Diethylpropion;
(2) Phentermine;
(3) Pemoline (including any organometallic complexes and chelates thereof);
(4) Pipradrol;
(5) Sibutramine;
(6) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(7) Cathine ((+/-) Norpseudoephedrine);
(8) Fencamfamin;
(9) Fenproporex;
(10) Mefenorex;
(11) Modafinil.
( * * *f) Other substances.
(1) Butorphanol (including its optical isomers);
(2) Tramadol.
(B) Any material, compound, mixture or preparation which contains any quantity of a Schedule IV controlled substance and is listed as an exempt substance in 21 CFR, Section 1308.22, 1308.24, 1308.26, 1308.32 or 1308.34, shall be exempted from the provisions of the Uniform Controlled Substances Law.
SECTION 3. (1) "CBD oil" means processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabidiol, or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (0.5%) of tetrahydrocannabinol.
(2) (a) CBD oil may only be obtained on the order of a physician who is licensed to practice in Mississippi and administered to a patient by or under the direction or supervision of the physician.
(b) (i) The CBD oil must be obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.
(ii) The patient or the patient's parent, guardian or custodian must execute a hold-harmless agreement that releases from liability the state and any division, agency, institution or employee thereof involved in the research, cultivation, processing, dispensing, prescribing or administration of CBD oil.
(c) The National Center for Natural Products Research at the University of Mississippi, the Department of Pharmacy Services at the University of Mississippi Medical Center and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce or possess cannabidiol for research.
(3) (a) Research of CBD oil under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable.
(b) The National Center for Natural Products Research at the University of Mississippi, the Department of Pharmacy Services at the University of Mississippi Medical Center and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are authorized to pursue any federal permits or waivers necessary to conduct the programs authorized under this section.
(4) (a) In a prosecution for the unlawful possession of marihuana under the laws of this state, it is an affirmative and complete defense to prosecution that:
(i) The defendant suffered from a debilitating epileptic condition or related illness and the use or possession of CBD oil was pursuant to the order of a physician as authorized under this section; or
(ii) The defendant is the parent, guardian or custodian of an individual who suffered from a debilitating epileptic condition or related illness and the use or possession of CBD oil was pursuant to the order of a physician as authorized under this section.
(b) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home based solely upon the possession or use of CBD oil by the child or parent, guardian or custodian of the child as authorized under this section.
(c) An employee of the state or any division, agency, institution thereof involved in the research, cultivation, processing, dispensing, prescribing or administration of CBD oil shall not be subject to prosecution for unlawful possession, use, distribution or prescription of marihuana under the laws of this state for activities arising from or related to the use of CBD oil in the treatment of individuals diagnosed with a debilitating epileptic condition under this section.
(5) This section shall be known as "Harper Grace's Law."
(6) This section shall stand repealed from and after July 1, 2017.
SECTION 4. Section 41-29-176, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2015, this section shall read as follows:]
41-29-176. (1) When any property other than a controlled substance, raw material or paraphernalia, the value of which does not exceed Twenty Thousand Dollars ($20,000.00), is seized under the Uniform Controlled Substances Law, the property may be forfeited by the administrative forfeiture procedures provided for in this section.
(2) The attorney for or any
representative of the seizing law enforcement agency shall
provide notice of intention to forfeit the seized property administratively,
either by certified mail, return receipt requested, or by personal delivery, to
all persons who are required to be notified pursuant to Section 41-29-177(2) * * *.
(3) * * * If notice of
intention to forfeit the seized property administratively cannot be given as
provided in subsection (2) of this section because of refusal, failure to
claim, insufficient address or any other reason, the attorney for or
representative of the seizing law enforcement agency shall provide notice by
publication in a newspaper of general circulation in the county in which the
seizure occurred for once a week for three (3) consecutive weeks. However, if
the value of the property seized does not exceed Ten Thousand Dollars
($10,000.00), substitute notice under this subsection (3) of intention to
administratively forfeit the property may be made by posting a notice on an
official state government forfeiture site for at least thirty (30) consecutive
days. The site shall be created and maintained by the Mississippi Bureau of
Narcotics. Should other seizing law enforcement agencies choose to utilize the
site for Internet publication, the bureau may charge a reasonable fee for such
usage.
(4) Notice pursuant to subsections (2) and (3) of this section shall include the following information:
(a) A description of the property;
(b) The approximate value of the property;
(c) The date and place of the seizure;
(d) The connection between the property and the violation of the Uniform Controlled Substances Law;
(e) The instructions for filing a request for judicial review; and
(f) A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.
(5) Any person claiming an interest in property which is the subject of a notice under this section may, within thirty (30) days after receipt of the notice or of the date of the first publication of the notice, file a petition to contest forfeiture signed by the claimant in the county court, if a county court exists, or otherwise in the circuit court of the county in which the seizure is made or the county in which the criminal prosecution is brought, in order to claim an interest in the property. Upon the filing of the petition and the payment of the filing fees, service of the petition shall be made on the attorney for or representative of the seizing law enforcement agency, and the proceedings shall thereafter be governed by the rules of civil procedure.
(6) If no petition to
contest forfeiture is timely filed, the attorney for the seizing law
enforcement agency shall prepare a written declaration of forfeiture of the
subject property and the forfeited property shall be used, distributed or
disposed of in accordance with the provisions of Section 41-29-181 * * *.
[From and after July 1, 2015, this section shall read as follows:]
41-29-176. (1) When any property other than a controlled substance, raw material or paraphernalia, the value of which does not exceed Twenty Thousand Dollars ($20,000.00), is seized under the Uniform Controlled Substances Law, the property may be forfeited by the administrative forfeiture procedures provided for in this section.
(2) The attorney for or any
representative of the seizing law enforcement agency shall
provide notice of intention to forfeit the seized property administratively,
either by certified mail, return receipt requested, or by personal delivery, to
all persons who are required to be notified pursuant to Section 41-29-177(2) * * *.
(3) * * * If notice of
intention to forfeit the seized property administratively cannot be given as
provided in subsection (2) of this section because of refusal, failure to
claim, insufficient address or any other reason, the attorney for or
representative of the seizing law enforcement agency shall provide notice by
publication in a newspaper of general circulation in the county in which the
seizure occurred for once a week for three (3) consecutive weeks. * * *
(4) Notice pursuant to subsections (2) and (3) of this section shall include the following information:
(a) A description of the property;
(b) The approximate value of the property;
(c) The date and place of the seizure;
(d) The connection between the property and the violation of the Uniform Controlled Substances Law;
(e) The instructions for filing a request for judicial review; and
(f) A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.
(5) Any person claiming an interest in property which is the subject of a notice under this section may, within thirty (30) days after receipt of the notice or of the date of the first publication of the notice, file a petition to contest forfeiture signed by the claimant in the county court, if a county court exists, or otherwise in the circuit court of the county in which the seizure is made or the county in which the criminal prosecution is brought, in order to claim an interest in the property. Upon the filing of the petition and the payment of the filing fees, service of the petition shall be made on the attorney for or representative of the seizing law enforcement agency, and the proceedings shall thereafter be governed by the rules of civil procedure.
(6) If no petition to
contest forfeiture is timely filed, the attorney for the seizing law
enforcement agency shall prepare a written declaration of forfeiture of the subject
property and the forfeited property shall be used, distributed or disposed of
in accordance with the provisions of Section 41-29-181 * * *.
SECTION 5. Section 2, Chapter 484, Laws of 2013, is amended as follows:
Section 2. This act shall
take effect and be in force from and after July 1, 2013, and shall stand
repealed on July 1, * * * 2015.
SECTION 6. Sections 1 and 3 of this act shall take effect and be in force from and after its passage, and the remainder of this act shall take effect and be in force from and after July 1, 2014.