§ 3387. Seizure and forfeiture of controlled substances, imitation
controlled substances and official New York state prescription forms;
disposition. 1. Any controlled substance or imitation controlled
substance which has been manufactured, distributed, dispensed or
acquired in violation of this article, or the lawful possession of which
cannot be immediately ascertained, and any official New York state
prescription form which has been printed, distributed or acquired in
violation of this article or the lawful possession of which cannot be
immediately ascertained are hereby declared to be public nuisances and
may be seized by a peace officer, acting pursuant to his special duties,
or a police officer and shall be forfeited, and disposed of as follows:

(a) except as in this section otherwise provided, the commissioner,
the court or magistrate having jurisdiction shall order such controlled
substance or imitation controlled substance forfeited or destroyed. A
record of the quantity and nature of the substance, of the place where
said substance was seized, and of the time, place and manner of
destruction, shall be kept, and a return under oath, reporting said
destruction, shall be made to the person ordering such destruction by
the officer who destroys them;

(b) upon written application by the commissioner, the court or
magistrate by whom the forfeiture of controlled substances or imitation
controlled substances has been decreed may order the delivery of any of
them, except substances listed in schedule I of section thirty-three
hundred six, to such commissioner for distribution or destruction, as
hereinafter provided;

(c) upon application by any hospital within this state, not operated
for private gain, the commissioner may in his discretion deliver any
controlled substance or imitation controlled substance that has come
into his custody by authority of this section to the applicants for
medicinal use;

(d) the commissioner may from time to time deliver excess stocks of
controlled substances or imitation controlled substances to the Bureau
or shall destroy the same;

(e) controlled substances or imitation controlled substances which are
excess or undesired by persons lawfully possessing the same may be
disposed of in such manner as the commissioner shall by regulation
require;

(f) official New York state prescription forms which have been seized
as provided by this section shall be disposed of by express prepaid
shipment to the "State Department of Health, Bureau of Prescription
Analysis, Albany, New York," or by delivery to an authorized narcotic
control representative of the department.

2. The commissioner shall keep a full and complete record of all
controlled substances or imitation controlled substances received and of
all controlled substances or imitation controlled substances disposed
of, showing the exact kinds, quantities and forms of such substances;
the persons from whom received and to whom delivered; by whose authority
received, delivered and destroyed; and the dates of the receipt,
disposal or destruction. This record shall be open to inspection by all
federal or state officers charged with the enforcement of federal and
state laws relating to controlled substances or imitation controlled
substances.

3. Any raw material product, container or equipment of any kind which
is used, or intended for use, in manufacturing, distributing, dispensing
or administering a controlled substance or imitation controlled
substance in violation of this article shall be seized by any peace
officer, acting pursuant to his special duties, or police officer and
forfeited in the same manner as property subject to seizure and
forfeiture pursuant to section thirty-three hundred eighty-eight of this
article, except that such property shall not be retained for use by any
official.