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Cal. Health & Safety Code § 11473.5

Seizure and Disposition

Known as the California Uniform Controlled Substances Act

The act spans §§ 11000–11651 (376 sections).

Applied in 3 court decisions — leading case 157 Cal. App. 4th 355 - City of Garden Grove v. Superior Court (2007)

Most recently applied in Smith v. Superior Court of City & Cnty. of S.F. (August 2018)

Amended by Stats. 1994, Ch. 979, Sec. 3

How often courts cite this section

20072010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in possession of any city, county, or state official as found property, or as the result of a case in which no trial was had or which has been disposed of by way of dismissal or otherwise than by way of conviction, shall be destroyed by order of the court, unless the court finds that the controlled substances, instruments, or paraphernalia were lawfully possessed by the defendant.

(b) If the court finds that the property was not lawfully possessed by the defendant, law enforcement may request of the court that certain uncontaminated instruments or paraphernalia be relinquished to a school or school district for science classroom education in lieu of destruction.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.