2023 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.