Forfeiture of controlled substances and drug paraphernalia, when
When police find illegal drugs, fake drugs, or drug paraphernalia, those items can be taken away and destroyed by a court. Any money or valuables connected to drug deals can also be taken. If cash is found near illegal drugs or drug items, the law assumes that money is connected to drug activity — the person who claims the money has to prove otherwise. Records of what was seized and destroyed must be kept on file.
195.140. of and , when — disposal — money, s in close proximity also , — procedure. — 1. All controlled substances, or drug paraphernalia for the , use or of controlled substances or imitation controlled substances and which have come into the of a or officer or of the as provided by this chapter or chapter 579, the of which is not established or the to which cannot be after a as prescribed in 34 of Rules of Criminal Procedure for the courts of Missouri or some other hearing, shall be forfeited, and as follows:
(1) Except as in this section otherwise provided, the court or having shall such controlled substances, imitation controlled substances, or drug paraphernalia forfeited and destroyed. A record of the place where said controlled substances, imitation controlled substances, or drug paraphernalia were seized, of the kinds and quantities of controlled substances, imitation controlled substances, or drug paraphernalia so destroyed, and of the time, place and manner of destructions, shall be kept, and a , reporting the destruction of the controlled substances, imitation controlled substances, or drug paraphernalia shall be made to the court or associate circuit judge;
(2) The department of health and senior services shall keep a complete record of all controlled substances, imitation controlled substances, or drug paraphernalia received and disposed of, together with the dates of such receipt and disposal, showing the exact kinds, quantities, and forms of such controlled substances, imitation controlled substances, or drug paraphernalia; the persons from whom received and to whom delivered; and by whose they were received, delivered or destroyed; which record shall be open to inspection by all federal or state officers charged with the of federal and state or controlled substances laws.
2. (1) Everything of value furnished, or intended to be furnished, in exchange for a , or drug paraphernalia in violation of this chapter or chapter 579, all traceable to such an exchange, and all moneys, , or used, or intended to be used, to facilitate any violation of this chapter or chapter 579, shall be forfeited, except that no property shall be forfeited under this to the extent of the interest of an owner by reason of any act or established by him to have been committed without his or her knowledge or .
(2) Any moneys, coin, or currency found in close proximity to controlled substances, imitation controlled substances, or drug paraphernalia, or forfeitable records of the importation, manufacture, or distribution of controlled substances, imitation controlled substances or drug paraphernalia are to be forfeitable under this subsection. The shall be upon of the property to this .
(3) All forfeiture proceedings shall be conducted the of sections 513.600 to 513.653.
(RSMo 1939 § 9845, A.L. 1953 p. 628, A.L. 1971 H.B. 69, A.L. 1982 S.B. 522, A.L. 1993 S.B. 180, A.L. 2004 H.B. 1427, A.L. 2014 S.B. 491)
Effective 1-01-17
(1986) This section is neither unconstitutionally broad nor unconstitutionally vague, nor does rebuttable presumption in favor of forfeiture violate . State ex rel. Cook v. Saynes, 713 S.W.2d 258 (Mo. banc).
(1993) Where currency found in close proximity to marijuana created rebuttable presumption that money was acquired from an illegal activity and did not meet burden of proof to rebut presumption, forfeiture of money under section is not punitive because one who commits crime has no greater interest in fruits of crime than state. Eighth Amendment of United States prohibiting excessive fines is not applicable. State v. Meister, 866 S.W.2d 485 (Mo. App. W.D.).
(2014) To rebut presumption of forfeitability, defendant must allege facts supporting conclusion that seized property found in close proximity to controlled substance was not furnished, nor intended to be furnished, in exchange for the controlled substance and also was not used, nor intended to be used, to facilitate the criminal activity. State ex rel. Wegge v. Schrameyer, 448 S.W.3d 301 (Mo.App.E.D.).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.