NY Pub Health L § 3387 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 7 - Offenses, Violations and Enforcement 3387 - Seizure and Forfeiture of Controlled Substances, Imitation Controlled Substances and Official New York State Prescription Forms; Disposition.

§  3387.  Seizure  and  forfeiture of controlled substances, imitation controlled substances and official New York  state  prescription  forms; disposition.   1.  Any  controlled  substance  or  imitation  controlled substance  which  has  been  manufactured,  distributed,  dispensed   or acquired in violation of this article, or the lawful possession of which cannot  be  immediately  ascertained,  and  any  official New York state prescription form which has been printed,  distributed  or  acquired  in violation  of  this  article or the lawful possession of which cannot be immediately ascertained are hereby declared to be public  nuisances  and may be seized by a peace officer, acting pursuant to his special duties, or a police officer and shall be forfeited, and disposed of as follows:  (a)  except  as  in this section otherwise provided, the commissioner, the court or magistrate having jurisdiction shall order such  controlled substance  or  imitation  controlled substance forfeited or destroyed. A record of the quantity and nature of the substance, of the  place  where said  substance  was  seized,  and  of  the  time,  place  and manner of destruction, shall be kept, and a  return  under  oath,  reporting  said destruction,  shall  be  made to the person ordering such destruction by the officer who destroys them;  (b) upon  written  application  by  the  commissioner,  the  court  or magistrate  by whom the forfeiture of controlled substances or imitation controlled substances has been decreed may order the delivery of any  of them,  except  substances  listed  in schedule I of section thirty-three hundred six, to such commissioner for distribution  or  destruction,  as hereinafter provided;  (c)  upon  application by any hospital within this state, not operated for private gain, the commissioner may in  his  discretion  deliver  any controlled  substance  or  imitation  controlled substance that has come into his custody by authority of this  section  to  the  applicants  for medicinal use;  (d)  the  commissioner  may from time to time deliver excess stocks of controlled substances or imitation controlled substances to  the  Bureau or shall destroy the same;  (e) controlled substances or imitation controlled substances which are excess  or  undesired  by  persons  lawfully  possessing the same may be disposed of in such manner  as  the  commissioner  shall  by  regulation require;  (f)  official New York state prescription forms which have been seized as provided by this section shall be  disposed  of  by  express  prepaid shipment  to  the  "State  Department  of Health, Bureau of Prescription Analysis, Albany, New York," or by delivery to  an  authorized  narcotic control representative of the department.   2.  The  commissioner  shall  keep  a  full and complete record of all controlled substances or imitation controlled substances received and of all controlled substances or imitation  controlled  substances  disposed of,  showing  the  exact kinds, quantities and forms of such substances; the persons from whom received and to whom delivered; by whose authority received, delivered  and  destroyed;  and  the  dates  of  the  receipt, disposal  or destruction. This record shall be open to inspection by all federal or state officers charged with the enforcement  of  federal  and state  laws  relating  to  controlled substances or imitation controlled substances.   3. Any raw material product, container or equipment of any kind  which is used, or intended for use, in manufacturing, distributing, dispensing or   administering   a  controlled  substance  or  imitation  controlled substance in violation of this article shall  be  seized  by  any  peace officer,  acting  pursuant  to his special duties, or police officer and forfeited in  the  same  manner  as  property  subject  to  seizure  and  forfeiture pursuant to section thirty-three hundred eighty-eight of this article,  except that such property shall not be retained for use by any official.