315.330 Seizure and forfeiture of illegal drug shipments.

251 words·~1 min read·/ky/chapter-315/315-330

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any drug which is ordered or shipped in violation of any provision of this chapter

or KRS Chapter 218A shall be considered as contraband and may be seized by any

peace officer or any employee of the Board of Pharmacy designated to enforce the

provisions of this chapter or KRS Chapter 218A.

(2)The officer, prior to seizing the drug, shall make a reasonable effort to determine:

(a)The person who ordered the drug;

(b)The pharmacy from which the drug was ordered;

(c)The shipper of the drug;

(d)The intended recipient of the drug; and

(e)Whether or not the shipment was legal.

(3)Unless the matter is the subject of a criminal prosecution, if, after thirty

(30)days of

investigation, the officer seizing the drug cannot adequately determine the

information required by subsection

(2)of this section, the drug that has been seized

shall be considered as abandoned and escheat to the Commonwealth.

(4)If a drug seized pursuant to this section is the subject of a criminal investigation, the

drug shall be retained as evidence and, if there is a conviction of any person or

pharmacy relating to the ordering or shipment of the drug, the drug shall be

forfeited to the Commonwealth. If the defendant is found not guilty or the charges

are dismissed with prejudice, the drug shall be returned to the defendant.

(5)Drugs which have been seized and which have been forfeited or abandoned and

escheat to the Commonwealth shall be destroyed.