Q When do funds and property seized under the state controlled substance laws become available for use by a law enforcement entity?

A When the value is under $10,000.00, a law enforcement entity may use the proceeds related to the seizure only after the attorney for the seizing law enforcement entity has prepared the written declaration of forfeiture as set forth in Section 41-29-176. In all other instances, the proceeds may be used by a law enforcement entity only pursuant to a Court Order. (Attorney General’s Opinion to Morrow dated November 19, 2004 and Attorney General’s Opinion to O’Beirne dated April 11, 1997)