Texas Health and Safety Code 481.152 – Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Plants
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(a) Controlled substance plants are subject to seizure and summary forfeiture to the state if:
(1) the plants have been planted, cultivated, or harvested in violation of this chapter;
(2) the plants are wild growths; or
(3) the owners or cultivators of the plants are unknown.
(b) Subsection (a) does not apply to unharvested peyote growing in its natural state.
Terms Used In Texas Health and Safety Code 481.152
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) If a person who occupies or controls land or premises on which the plants are growing fails on the demand of a peace officer to produce an appropriate registration or proof that the person is the holder of the registration, the officer may seize and summarily forfeit the plants.
(d) If a controlled substance plant is seized and forfeited under this section, a court may order the disposition of the plant under § 481.159, or the department, a criminal justice agency, or a peace officer may summarily destroy the property under the rules of the department or dispose of the property in lieu of destruction as provided by § 481.161.