Nevada § 52.400 - Marijuana: Procedure for destruction of unnecessary quantity seized as evidence

§ 52.400. Marijuana: Procedure for destruction of unnecessary quantity seized as evidence

Except as otherwise provided in NRS 678C.800 : 1. At any time after a substance which is alleged to be marijuana is seized from a

defendant by a peace officer, the law enforcement agency of which the officer is a

member may, without the prior approval of the district court in the county in which

the defendant is charged, destroy any amount of the substance that exceeds 10 pounds. 2. The law enforcement agency must, before destroying the substance pursuant to this

section: (a) Accurately weigh and record the weight of the substance. (b) Take and retain, for evidentiary purposes, at least five random and representative

samples of the substance in addition to the amount which is not authorized to be destroyed

pursuant to subsection 1. If the substance is alleged to consist of growing or harvested marijuana plants,

the 10 pounds retained pursuant to subsection 1 may include stalks, branches, leaves

and buds, but the five representative samples must consist of only leaves or buds. (c) Take photographs that reasonably demonstrate the total amount of the substance. A sign which clearly and conspicuously shows the title or the case number of the

matter, proceeding or action to which the substance relates must appear next to the

substance in any photograph taken. 3. A law enforcement agency that destroys a substance pursuant to this section shall,

not later than 30 days after the destruction of the substance, file an affidavit in

the court which has jurisdiction over the pending criminal proceedings, if any, pertaining

to that substance. The affidavit must establish that the law enforcement agency has complied with the

requirements of subsection 2, specify the date and time of the destruction of the

substance and provide the publicly known address of the agency. If there are no criminal proceedings pending which pertain to the substance, the

affidavit may be filed in any court within the county which would have jurisdiction

over a person against whom such criminal charges might be filed. 4. If the substance is finally determined not to be marijuana, the owner may file

a claim against the county to recover the reasonable value of the property destroyed

pursuant to this section. 5. The law enforcement agency's finding as to the weight of any substance alleged

to be marijuana and destroyed pursuant to this section is admissible in any subsequent

proceeding arising out of the same transaction.