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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES |
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Subtitle C. SUBSTANCE ABUSE REGULATION AND CRIMES |
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Chapter 481. TEXAS CONTROLLED SUBSTANCES ACT |
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Subchapter E. FORFEITURE |
Sec. 481.152. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION 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.
(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 Section 481.159, or the department or a peace officer may summarily destroy the property under the rules of the department.