2C:35-21. Seizure in violation of chapter; pretrial destruction of bulk seizures of controlled dangerous substances
2C:35-21. Seizure in Violation of Chapter; Pretrial
Destruction of Bulk Seizures of Controlled Dangerous Substances. Any
controlled dangerous substance or controlled substance analog seized in
violation of this chapter shall be subject to the forfeiture provisions
of chapter 64 of this title. In any case involving a bulk seizure of a
controlled dangerous substance or a controlled substance analog, a
prosecuting authority, upon notice to defense counsel, may apply to the
trial court for an order to destroy all or some portion of the seized
substance. The State, county or municipal forensic laboratory that
analyzes the substance shall make a photographic record thereof.
In the event that the defendant objects to the application to destroy
all or some portion of the controlled dangerous substance or controlled
substance analog, defense counsel shall within 20 days of receiving
notice from the prosecuting authority serve notice of objection upon the
trial judge and the prosecuting authority. The notice of objection
shall include the reasons therefor. Failure to comply with the time
limitations regarding the notice of objection required by this section
shall constitute a waiver of any objections to the destruction of all or
some portion of the substance.
The decision to order the destruction of the substance shall be vested
in the sound discretion of the trial court. Prior to the issuance of any
order authorizing the destruction of all or some portion of the
controlled dangerous substance or controlled substance analog, and
subject to reasonable supervision by laboratory or agency personnel,
defense counsel shall be afforded an opportunity to inspect or test the
substance.
The State, county or municipal forensic laboratory authorized to destroy
all or some portion of the controlled dangerous substance or controlled
substance analog shall file with the court a certificate under oath
attesting to the date on which the substance was destroyed, the quantity
of the substance destroyed, and the method used to destroy the
substance.
Notwithstanding any other provision of law, the photographic record made
in accordance with the provisions of this section, upon proper
authentication, may be introduced as evidence in any court.
