2006 Code of Virginia § 19.2-386.24 - Destruction of seized controlled substances or marijuana prior to trial

19.2-386.24. Destruction of seized controlled substances or marijuana priorto trial.

Where seizures of controlled substances or marijuana are made in excess of 10pounds in connection with any prosecution or investigation under Chapter 7 (18.2-247 et seq.) of Title 18.2, the appropriate law-enforcement agency mayretain 10 pounds of the substance randomly selected from the seized substancefor representative purposes as evidence and destroy the remainder of theseized substance.

Before any destruction is carried out under this section, the law-enforcementagency shall cause the material seized to be photographed with identificationcase numbers or other means of identification and shall prepare a reportidentifying the seized material. It shall also notify the accused, or otherinterested party, if known, or his attorney, at least five days in advancethat the photography will take place and that they may be present. Prior toany destruction under this section, the law-enforcement agency shall alsonotify the accused or other interested party, if known, and his attorney atleast seven days prior to the destruction of the time and place thedestruction will occur. Any notice required under the provisions of thissection shall be by first-class mail to the last known address of the personrequired to be notified. In addition to the substance retained forrepresentative purposes as evidence, all photographs and records made underthis section and properly identified shall be admissible in any courtproceeding for any purposes for which the seized substance itself would havebeen admissible.

(1979, c. 646, 18.2-253.1; 1980, c. 179; 2004, c. 995.)