Okla. Stat. tit. 63, § 63-2-508

A. Except as otherwise provided, all property described in

paragraphs 1 and 2 of subsection A of Section 2-503 of this title

which is seized or surrendered pursuant to the provisions of the

Uniform Controlled Dangerous Substances Act shall be destroyed. The

destruction shall be done by or at the direction of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control (OSBNDD), who

shall have the discretion prior to destruction to preserve samples

of the substance for testing. In any county with a population of

four hundred thousand (400,000) or more according to the latest

Federal Decennial Census, there shall be a located site, approved by

the OSBNDD, for the destruction of the property. Any such property

submitted to the OSBNDD which it deems to be of use for

investigative training, educational, or analytical purposes may be

retained by the OSBNDD in lieu of destruction.

B. 1. With respect to controlled dangerous substances seized

or surrendered pursuant to the provisions of the Uniform Controlled

Dangerous Substances Act, municipal police departments, sheriffs,

the Oklahoma Bureau of Narcotics and Dangerous Drugs Control

Commission, the Oklahoma Highway Patrol, and the Oklahoma State

Bureau of Investigation shall have the authority to destroy seized

controlled dangerous substances when the amount seized in a single

incident exceeds ten (10) pounds. The destroying agency shall:

a. photograph the seized substance with identifying case

numbers or other means of identification,

b. prepare a report describing the seized substance prior

to the destruction,

c. retain at least one (1) pound of the substance

randomly selected from the seized substance for the

purpose of evidence, and

d. obtain and retain samples of the substance from enough

containers, bales, bricks, or other units of substance

seized to establish the presence of a weight of the

substance necessary to establish a violation of the

Trafficking in Illegal Drugs Act pursuant to

subsection C of Section 2-415 of this title, if such a

weight is present. If such weight is not present,

samples of the substance from each container, bale,

brick or other unit of substance seized shall be

taken. Each sample taken pursuant to this section

shall be large enough for the destroying agency and

the defendant or suspect to have an independent test

performed on the substance for purposes of

identification.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1037

2. If a defendant or suspect is known to the destroying agency,

the destroying agency shall give at least seven (7) days' written

notice to the defendant, suspect or counsel for the defendant or

suspect of:

a. the date, the time, and the place where the

photographing will take place and notice of the right

to attend the photographing, and

b. the right to obtain samples of the controlled

dangerous substance for independent testing and use as

evidence.

3. The written notice shall also inform the defendant, suspect

or counsel for the defendant or suspect that the destroying agency

must be notified in writing within seven (7) days from receipt of

the notice of the intent of the suspect or defendant to obtain

random samples and make arrangements for the taking of samples. The

samples for the defendant or suspect must be taken by a person

licensed by the Drug Enforcement Administration. If the defendant

or counsel for the defendant fails to notify the destroying agency

in writing of an intent to obtain samples and fails to make

arrangements for the taking of samples, a sample taken pursuant to

subparagraph d of paragraph 1 of this subsection shall be made

available upon request of the defendant or suspect.

The representative samples, the photographs, the reports, and

the records made under this section and properly identified shall be

admissible in any court or administrative proceeding for any
es and fails to make

arrangements for the taking of samples, a sample taken pursuant to

subparagraph d of paragraph 1 of this subsection shall be made

available upon request of the defendant or suspect.

The representative samples, the photographs, the reports, and

the records made under this section and properly identified shall be

admissible in any court or administrative proceeding for any

purposes for which the seized substance itself would have been

admissible.

C. All other property not otherwise provided for in the Uniform

Controlled Dangerous Substances Act which has come into the

possession of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections, the Office of the

Attorney General, or a district attorney may be disposed of by order

of the district court when no longer needed in connection with any

litigation. If the owner of the property is unknown to the agency

or district attorney, the agency or district attorney shall hold the

property for at least six (6) months prior to filing a petition for

disposal with the district court except for laboratory equipment

which may be forfeited when no longer needed in connection with

litigation, unless the property is perishable. The Director or

Commissioner of the agency, the Attorney General, or district

attorney shall file a petition in the district court of Oklahoma

County or in the case of a district attorney, the petition shall be

filed in a county within the jurisdiction of the district attorney

requesting the authority to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1038

1. Conduct a sale of the property at a public auction or use an

Internet auction, which may include online bidding; or

2. Convert title of the property to the Oklahoma State Bureau

of Narcotics and Dangerous Drugs Control, the Department of Public

Safety, the Oklahoma State Bureau of Investigation, the Alcoholic

Beverage Laws Enforcement Commission, the Department of Corrections,

the Office of the Attorney General, or to the district attorney's

office for the purposes provided for in subsection J, K or L of this

section.

The Director, Commissioner, Attorney General or district

attorney shall attach to the petition:

a. a list describing the property, including all

identifying numbers and marks, if any,

b. the date the property came into the possession of the

agency or district attorney, and

c. the name and address of the owner, if known.

For any item having an apparent value in excess of One Hundred

Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the

notice of the hearing of the petition for the sale of the property,

except laboratory equipment used in the processing, manufacturing or

compounding of controlled dangerous substances in violation of the

provisions of the Uniform Controlled Dangerous Substances Act, shall

be given to every known owner, as set forth in the petition, by

first-class mail to the last-known address of the owner at least ten
the hearing of the petition for the sale of the property,

except laboratory equipment used in the processing, manufacturing or

compounding of controlled dangerous substances in violation of the

provisions of the Uniform Controlled Dangerous Substances Act, shall

be given to every known owner, as set forth in the petition, by

first-class mail to the last-known address of the owner at least ten

(10) days prior to the date of the hearing. An affidavit of notice

being sent shall be filed with the court by a representative of the

agency, the Director or Commissioner of the agency, the Attorney

General or district attorney. For items in excess of Five Hundred

Dollars ($500.00), a notice of the hearing of the petition for the

sale of said property shall be delivered to every known owner as set

forth in the petition by certified mail. Notice of a hearing on a

petition for forfeiture or sale of laboratory equipment used in the

processing, manufacturing or compounding of controlled dangerous

substances in violation of the Uniform Controlled Dangerous

Substances Act shall not be required.

The notice shall contain a brief description of the property,

and the location and date of the hearing. In addition, notice of

the hearing shall be posted in three public places in the county,

one such place being the county courthouse at the regular place

assigned for the posting of legal notices. At the hearing, if no

owner appears and establishes ownership of the property, the court

may enter an order authorizing the Director, Commissioner, Attorney

General, or district attorney to donate the property pursuant to

subsection J, K or L of this section, to sell the property at a

public auction, including an Internet auction, which may include

online bidding, to the highest bidder, or to convert title of the

property to the Oklahoma State Bureau of Narcotics and Dangerous

Oklahoma Statutes - Title 63. Public Health and Safety Page 1039

Drugs Control, the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections, or the Office of the

Attorney General for the purposes provided for in subsection J, K or

L of this section after at least ten (10) days of notice has been

given by publication in one issue of a legal newspaper of the

county. If the property is offered for sale at public auction,

including an Internet auction, and no bid is received that exceeds

fifty percent (50%) of the value of the property, such value to be

announced prior to the sale, the Director, Commissioner, Attorney

General, or district attorney may refuse to sell the item pursuant

to any bid received. The Director, Commissioner, Attorney General,

or district attorney shall make a return of the sale and, when

confirmed by the court, the order confirming the sale shall vest in

the purchaser title to the property so purchased.

D. The money received from the sale of property by the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control shall be used

for general drug enforcement purposes. These funds shall be

transferred to the Bureau of Narcotics Revolving Fund established

pursuant to Section 2-107 of this title or in the case of a district

attorney, the revolving fund provided for in paragraph 3 of

subsection L of Section 2-506 of this title.

E. At the request of the Department of Public Safety, the

district attorney or a designee of the district attorney may conduct

any forfeiture proceedings as described in Section 2-503 of this

title on any property subject to forfeiture as described in

subsection A, B or C of Section 2-503 of this title. The money

received from the sale of property by the Department of Public

Safety shall be deposited in the Department of Public Safety

Restricted Revolving Fund and shall be expended for law enforcement

purposes.

F. The money received from the sale of property by the
2-503 of this

title on any property subject to forfeiture as described in

subsection A, B or C of Section 2-503 of this title. The money

received from the sale of property by the Department of Public

Safety shall be deposited in the Department of Public Safety

Restricted Revolving Fund and shall be expended for law enforcement

purposes.

F. The money received from the sale of property by the

Alcoholic Beverage Laws Enforcement Commission shall be deposited in

the General Revenue Fund of the state.

G. The money received from the sale of property from the

Oklahoma State Bureau of Investigation shall be deposited in the

OSBI Revolving Fund and shall be expended for law enforcement

purposes.

H. The Director of the Department of Corrections shall make a

return of the sale and when confirmed by the court, the order

confirming the sale shall vest in the purchaser title to the

property so purchased. Twenty-five percent (25%) of the money

received from the sale shall be disbursed to a revolving fund in the

office of the county treasurer of the county wherein the property

was seized, said fund to be used as a revolving fund solely for

enforcement of controlled dangerous substances laws, drug abuse

prevention and drug abuse education. The remaining seventy-five

Oklahoma Statutes - Title 63. Public Health and Safety Page 1040

percent (75%) shall be deposited in the Department of Corrections

Revolving Fund to be expended for equipment for probation and parole

officers and correctional officers.

I. The money received from the sale of property from the Office

of the Attorney General shall be deposited in the Attorney General

Law Enforcement Revolving Fund and shall be expended for law

enforcement purposes. The Office of the Attorney General may enter

into agreements with municipal, county or state agencies to return

to such an agency a percentage of proceeds of the sale of any

property seized by the agency and forfeited under the provisions of

this section.

J. Any property, including but not limited to uncontaminated

laboratory equipment used in the processing, manufacturing or

compounding of controlled dangerous substances in violation of the

provisions of the Uniform Controlled Dangerous Substances Act, upon

a court order, may be donated for classroom or laboratory use by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

Department of Public Safety, district attorney, the Alcoholic

Beverage Laws Enforcement Commission, the Department of Corrections,

or the Office of the Attorney General to any public secondary school

or technology center school in this state or any institution of

higher education within The Oklahoma State System of Higher

Education.

K. Any vehicle or firearm which has come into the possession

and title vested in the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, the Department of Public Safety, the

Oklahoma State Bureau of Investigation, the Office of the Attorney

General or a district attorney, may be transferred, donated or

offered for lease to any sheriff's office, tribal law enforcement

agency, campus police department pursuant to the provisions of the

Oklahoma Campus Security Act, or police department in this state on

an annual basis to assist with the enforcement of the provisions of

the Uniform Controlled Dangerous Substances Act. Each agency shall

promulgate rules, regulations and procedures for leasing vehicles

and firearms. No fully automatic weapons will be subject to the

leasing agreement. All firearms leased may be utilized only by

C.L.E.E.T.-certified officers who have received training in the type

and class of weapon leased. Every lessee shall be required to

submit an annual report to the leasing agency stating the condition

of all leased property. A lease agreement may be renewed annually

at the option of the leasing agency. Upon termination of a lease
e

leasing agreement. All firearms leased may be utilized only by

C.L.E.E.T.-certified officers who have received training in the type

and class of weapon leased. Every lessee shall be required to

submit an annual report to the leasing agency stating the condition

of all leased property. A lease agreement may be renewed annually

at the option of the leasing agency. Upon termination of a lease

agreement, the property shall be returned to the leasing agency for

sale or other disposition. All funds derived from lease agreements

or other disposition of property no longer useful to law enforcement

shall be deposited in the agency's revolving fund, or in the case of

the Department of Public Safety, the Department of Public Safety

Oklahoma Statutes - Title 63. Public Health and Safety Page 1041

Restricted Revolving Fund, and shall be expended for law enforcement

purposes.

L. Before disposing of any property pursuant to subsections C

through I of this section, the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control, the Department of Public Safety, the

Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State

Bureau of Investigation, the Department of Corrections, the Office

of the Attorney General, or a district attorney may transfer or

donate the property to another state agency, tribal law enforcement

agency, or school district for use upon request. In addition to the

provisions of this section, the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control may transfer or donate property for any

purpose pursuant to Section 2-106.2 of this title. The agencies and

any district attorney that are parties to any transfer of property

pursuant to this subsection shall enter into written agreements to

carry out any such transfer of property. Any such agreement may

also provide for the granting of title to any property being

transferred as the parties deem appropriate. If the transfer of

property is to a school district, a written agreement shall be

entered into with the superintendent of the school district. No

weapons may be transferred to a school district except as provided

for in subsection K of this section.