Seizure, Summary Forfeiture, and Summary Destruction of Controlled Substance Plants
Controlled substance plants are subject to seizure and summary forfeiture to the state if:
the plants have been planted, cultivated, or harvested in violation of this chapter;
the plants are wild growths; or
the owners or cultivators of the plants are unknown.
Subsection (a) does not apply to unharvested peyote growing in its natural state.
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.
If a controlled substance plant is seized and forfeited under this section, a court may order the disposition of the plant under Section 481.159 (Disposition of Controlled Substance Property or Plant), or the department or a peace officer may summarily destroy the property under the rules of the department.Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.Amended by:Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 2, eff. May 21, 2007.Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 3, eff. May 21, 2007.