Counterfeit drugs-penalties.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0702

HOUSE BILL
NO.
HB0347

Counterfeit drugs-penalties.

Sponsored by:
Representative(s) Hinckley

A BILL

for

AN ACT relating to counterfeit drugs; providing for forfeiture as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
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7
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1049(a)(i), (ii), (viii), (e)(vi) and (f) is amended to read:

35
‑
7
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1049.

Forfeitures and seizures generally; property subject to forfeiture.

(a)

The following are subject to forfeiture:

(i)

All controlled substances
, including counterfeit drugs,
which have been manufactured, distributed, dispensed or acquired in violation of this act;

(ii)

All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substances
, including counterfeit drugs,
in violation of this act;

(viii)

Any property or other thing of pecuniary value furnished in exchange for a controlled substance
, including a counterfeit drug,
in violation of this act including any proceeds, assets or other property of any kind traceable to the exchange and any money, securities or other negotiable instruments used to facilitate a violation of this act. Property used or furnished without the consent or knowledge of the owner is not forfeitable under this section to the extent of his interest.

(e)

When property is forfeited under this act, the commissioner may:

(vi)

Authorize any law enforcement officer to apply to the district court with jurisdiction for an order providing for destruction of the contraband controlled substances
, including counterfeit drugs,
or paraphernalia if no longer necessary for evidentiary purposes.

(f)

Any controlled substance listed in Schedules I through V
, including a counterfeit drug,
that is possessed, transferred, sold or offered for sale in violation of this act is contraband and shall be seized and summarily forfeited to the state. Any controlled substance listed in Schedules I through V which
, including a counterfeit drug,
is seized or comes into possession of the state and the owner is unknown, is contraband and shall be summarily forfeited to the state.

Section 2.

This act is effective July 1, 2005.

(END)

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HB0347