015-1 Wyo. Code R. § 1-10

Current through April 27, 2019

Section 1-10 - Destruction of Bulk Amounts of Controlled Substances

(a) After the sampling and testing process is complete, the Attorney General acting in his capacity as the Commissioner of Drugs and Substances Control, or the Attorney General's Chief Deputy, may order the destruction of that bulk amount of seized controlled substance in excess of the representative samples.

(b) The retained sample will be stored at the Division's evidence facility or other suitable evidence facility until it no longer possesses any evidentiary value, criminal or civil. At such time, the Commissioner may authorize any law enforcement officer to apply to the appropriate district court of jurisdiction for an order providing for the destruction of the representative samples.

(c) Destruction of controlled substances pursuant to these rules shall be accomplished by burning in a suitable incinerator or by another method as long as the destruction is accomplished in:

(i) A safe and responsible manner;

(ii) Compliance with all relevant federal, state, local laws, and administrative rules;

(iii) Compliance with any requirements of the Wyoming Department of Environmental Quality and the Environmental Protection Agency.

(d) Destruction of controlled substances pursuant to these rules shall be witnessed by at least two Division employees, at least one of whom shall be a peace officer as defined in Wyo. ' Stat. Ann. 7-2-101(a) (iv). Each witness must:

(i) Examine each item in a manner sufficient to complete the destruction inventory required by this section; and

(ii) Examine each package for the integrity or breach of chain of custody.

(e) The controlled substances shall be weighed immediately prior to departure for the destruction site to certify that the weight is substantially similar as originally weighed, less amounts utilized in the sampling and testing procedures.

(f) The controlled substances shall then be documented for the chain of custody. Certain information must be included in the documentation:

(i) Nature, kind, and quantity of the controlled substance to be destroyed; and

(ii) The names and signatures of witness.

(g) Following destruction as set forth in subsection (c), the process must be documented by a statement created immediately after the time of destruction by a witness to the destruction. The statement may incorporate video tape or other documents to verify, and must contain:

(i.) The manner of transportation to the destruction site, including the names of each individual transporting an item;

(ii.) An inventory of the items destroyed, including the nature, kind, and quantity of the item;

(iii.) The witnesses, including the name, title, agency, and signature of each witness;

(iv.) The date and location of destruction;

(v.) The manner of destruction, and any unusual or suspicion events that occurred during the destruction incident.

015-1 Wyo. Code R. § 1-10