Arizona Revised Statutes

Ariz. Rev. Stat. § 32-1993 (2026)

Authorization to seize certain drugs, counterfeit drugs and equipment; disposition of seized equipment

✓ current as of May 2026
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A. The following may be seized by the division of narcotics enforcement and criminal intelligence within the department of public safety and its designated agents and all officers exercising police powers when they have reasonable grounds to believe it is:

1. A drug that is a counterfeit.

2. A container of such counterfeit drug.

3. Equipment used in manufacturing, compounding, or processing a drug with respect to which drug a prohibited act within the meaning of section 32-1965 has occurred.

4. Any punch, die, plate, stone, labeling, container or other thing used or designed for use in making a counterfeit drug.

5. Any conveyance being used to transport, carry or hold a counterfeit drug in violation of section 32-1965, paragraph 4.

B. When any article, equipment, conveyance, or other thing is seized pursuant to this chapter the peace officer shall, within five days thereafter, cause to be filed in the proper court in whose jurisdiction the merchandise is seized or detained a complaint for condemnation of such merchandise as provided in this chapter.

C. Any person, firm, or corporation having an interest in the alleged article, equipment, or other thing proceeded against, or any person, firm or corporation against whom a civil or criminal liability would exist if the merchandise is in violation of section 32-1965, paragraph 4 may, within twenty days following the seizure, serve and file an answer or responsive pleading to the complaint which shall allege the interest or liability of the party filing it.

D. Any article, equipment, conveyance or other thing condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds thereof, if sold, less the legal costs and other charges shall be deposited, pursuant to sections 35-146 and 35-147, with the state treasurer.

 

Notes of Decisions
Cited in 6 cases, 1976–2005 · leading case: State Ex Rel. Berger v. McCarthy, 548 P.2d 1158 (Ariz. 1976).
State Ex Rel. Berger v. McCarthy, 548 P.2d 1158 (Ariz. 1976). · cites it 8× “rather than under A.R.S. § 32-1993, which is applicable to a related field — dangerous drugs.”
Matter of One 1969 Chev. 2-Door, Etc., 591 P.2d 1309 (Ariz. Ct. App. 1979). · cites it 6× “§ 36-1041 to § 36-1048 or A.R.S. § 32-1993, if applicable." This agreement was entered into on November 9, 1976.”
Matter of One 1965 Ford Econoline Van, Etc., 591 P.2d 569 (Ariz. Ct. App. 1979). · cites it 4× “§ 36-1041 through 36-1048 or A.R.S. § 32-1993, if applicable." The estimates of the value of the van involved range from $300 to $3,000, with a probable realistic value in the $1,000 range.”
State Ex Rel. Goddard v. Gravano, 108 P.3d 251 (Ariz. Ct. App. 2005). “, § 13-2314, or § 32-1993.” 14 . We also reject Appellant’s argument that the trial court improperly awarded costs against Appellant that were unrelated to her.”
Parker v. State, 591 P.2d 569 (Ariz. Ct. App. 1979). · cites it 4× “§ 36-1041 through 36-1048 or A.R.S. § 32-1993, if applicable.” The estimates of the value of the van involved range from $300 to $3,000, with a probable realistic value in the $1,000 range.”
State v. Campbell, 606 P.2d 11 (Ariz. 1980). · cites it 2× “The action was originally brought pursuant to both A.R.S. §§ 32-1993 and 36-1041 et seq., but in its brief the state treats the action as brought under only § 36-1041 et seq.”
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