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§63-2-505.
§63-2-505.
A. All controlled substances in Schedule I of Section 2-101 et seq. of
this title and all controlled substances in Schedules II, III, IV, and
V that are not in properly labeled containers in accordance with this
act that are possessed, transferred, sold, or offered for sale in
violation of this act are deemed contraband and shall be seized and
summarily forfeited.
B. All hazardous materials and all property contaminated with
hazardous materials described in paragraph 2 of subsection A of
Section 2-503 of this title, used or intended to be used by persons to
unlawfully manufacture or attempt to manufacture any controlled
dangerous substance, shall be summarily forfeited to the state and
submitted to the Oklahoma State Bureau of Investigation for prompt
destruction in accordance with state and federal laws.
C. Species of plants from which controlled substances in Schedules I
or II of the Uniform Controlled Dangerous Substances Act, Section
2-101 et seq. of this title, may be derived which have been planted or
cultivated in violation of the Uniform Controlled Dangerous Substances
Act, or of which the owners or cultivators are unknown, or which are
wild growths, may be seized by peace officers, summarily forfeited,
and, in lieu of the eradication procedures contained in Section 2-509
of this title, promptly cut and burned where seized or destroyed by
applications of herbicides approved for such purpose by the Department
of Agriculture. Spraying shall be limited to the chemical glyphosate
and shall be applied directly to the plants by hand spraying from
portable ground-based spray units or by using equipment affixed to
rotary-wing aircraft. Any application of glyphosate using rotary-wing
aircraft shall employ equipment and methods capable of spot spraying
and under no circumstances shall broadcast or other mass spraying
methods be employed. The Oklahoma Bureau of Narcotics shall cooperate
with the Oklahoma Department of Agriculture to ensure that persons
spraying the plants are trained in its appropriate use and any safety
and protection issues.
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