Section 11485 Of Chapter 8. Seizure And Disposition From California Health And Safety Code >> Division 10. >> Chapter 8.
11485
. Any peace officer of this state who, incident to a search
under a search warrant issued for a violation of Section 11358 with
respect to which no prosecution of a defendant results, seizes
personal property suspected of being used in the planting,
cultivation, harvesting, drying, processing, or transporting of
marijuana, shall, if the seized personal property is not being held
for evidence or destroyed as contraband, and if the owner of the
property is unknown or has not claimed the property, provide notice
regarding the seizure and manner of reclamation of the property to
any owner or tenant of real property on which the property was
seized. In addition, this notice shall be posted at the location of
seizure and shall be published at least once in a newspaper of
general circulation in the county in which the property was seized.
If, after 90 days following the first publication of the notice, no
owner appears and proves his or her ownership, the seized personal
property shall be deemed to be abandoned and may be disposed of by
sale to the public at public auction as set forth in Article 1
(commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of
Division 3 of the Civil Code, or may be disposed of by transfer to a
government agency or community service organization. Any profit from
the sale or transfer of the property shall be expended for
investigative services with respect to crimes involving marijuana.