Hawaii § 329-55 - Forfeitures.

§ 329-55. Forfeitures.

(a) The following are subject to forfeiture according to the procedures set forth in the Penal Code: (1) All controlled substances and anabolic steroids which have been manufactured, cultivated, grown, distributed, dispensed, or acquired in violation of this chapter; (2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, cultivating, growing, compounding, processing, delivering, importing, or exporting any controlled substance or anabolic steroid in violation of this chapter; (3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2); (4) All conveyances, including aircraft, vehicles, or vessels which are used or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale, delivery or receipt of property described in paragraph (1) or (2), subject to the provisions of chapter 712A; (5) All books, records, and research products and materials, including formulas, microfilms, tapes, and data which are used, or intended for use, in violation of this chapter; (6) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance or anabolic steroid in violation of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter, subject to the provisions of chapter 712A; (7) All firearms which are visible, carried during, or used in furtherance of a violation of this chapter or chapter 712, part IV; and (8) All drug paraphernalia as defined by section 329-1. (b) Property subject to forfeiture under this chapter may be seized in accordance with the provisions of chapter 712A. (c) Controlled substances listed in schedule I that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the State. Controlled substances listed in schedule I, which are seized or come into the possession of the State, the owners of which are unknown, are contraband and shall be summarily forfeited to the State. (d) Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State. (e) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The failure, upon demand by the department of public safety, or its authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. (e) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The failure, upon demand by the department of law enforcement, or its authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. [L 1972, c 10, pt of §1; am L 1977, c 120, §1; am L 1980, c 216, §1; am L 1983, c 90, §1; am L 1985, c 150, §5; gen ch 1985; am L 1986, c 214, §8; am L 1988, c 259, §3 and c 260, §§3, 7; am L 1990, c 168, §3, c 197, §1 and c 281, §10; am L 1993, c 196, §1; am L 1996, c 104, §6 ; am L 2022, c 278, §17] Previous Vol06_Ch0321-0344 Next