Section 28-11-14 Seizure and Forfeiture of Contraband; Destruction of Prohibited Items.
AI-assisted research summary: Certain tobacco and nicotine products, and related items, may be seized as contraband, and some must be forfeited or destroyed.
(a)(1) Any tobacco, tobacco product, alternative nicotine product, e-liquid, electronic nicotine delivery system, or false proof of identification found in the possession of an individual under 21 years of age is contraband and subject to seizure by any law enforcement officer. (2) Prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products kept, stored, or deposited in any place in this state for the purpose of unlawful sale or unlawful disposition or unlawful furnishing or distribution, and the vessels and receptacles in which the products are contained are declared to be contraband and shall be seized and forfeited to the state and may be condemned for destruction pursuant to the procedures set out in Article 11 of Chapter 4 concerning alcoholic beverages. (3) Prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products may be searched for, seized, and ordered to be destroyed pursuant to the procedures set out in Article 11 of Chapter 4 concerning alcoholic beverages. (b) In any criminal prosecutions against a person for a violation of this chapter, on conviction, the court may order the destruction of any prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products which were: (i) sold, offered for sale, possessed, or otherwise disposed of by the defendant; (ii) employed by the defendant for use or disposition at any unlawful establishment by the defendant; (iii) possessed or used in conducting the business of a tobacco dealer; or (iv) used as evidence in the case. (c) All fixtures, equipment, materials, and personal property used in substantial connection with the sale or possession of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products involved in a violation of this chapter shall be subject to the same seizure and forfeiture procedures as provided pursuant to Article 11 of Chapter 4. (d) The board shall dispose of electronic nicotine delivery systems, e-liquids, and alternative nicotine products seized under this chapter by destruction as provided by rule of the board. Any person from whom an electronic nicotine delivery system, e-liquid, or alternative nicotine product is seized and destroyed pursuant to this section shall be subject to a fee, to be determined based on the cost of the destruction and disposal of the electronic nicotine delivery system, e-liquid, or alternative nicotine product as hazardous waste. (e) Nothing in this section shall apply to any manufacturer of alternative nicotine products that were commercially marketed in the United States before February 15, 2007.