Rule *785 - Rule Governing Analysis and Destruction of Narcotic and Dangerous DrugsI.Analysis of Drugs. A. On and after March 1, 1977, in every instance of a seizure of any drug which appears on the Schedules of Controlled Substances of the Uniform Controlled Substance, Drug, Device and Cosmetic Act, the Act of April 14, 1972, P.L. 233, 35 Purdon's §780-101- 780-144, the Police Commissioner or the Police Commissioner's designee shall, within 15 days after receipt thereof, perform or cause to be performed an analysis of such drugs, such analysis to include qualitative identification; weight and quantity where appropriate.B. Within five days after the report of such analysis is received, the Commissioner or the Police Commissioner's designee shall forward a copy thereof to the appropriate District Attorney and inform the District Attorney of the location where the subject drafts are being held.C. The failure to have an analysis made or to forward a copy thereof within the time specified in subdivisions A and B of this section shall not be deemed or construed to bar the making or granting of a motion pursuant to this Rule or the prosecution of a case involving such drugs.II.Pretrial Motion to Destroy Dangerous Drugs.A. Subject to the exception in subdivision B, and the limitations in paragraph (2) of subdivision C hereof, the District Attorney shall, within twenty (20) days after receipt of the report of analysis, move in a Court of Common Pleas for an order of destruction of any drug which appears in the Schedules of Controlled Substances of the Uniform Controlled Substance, Drug, Device and Cosmetic Act in felony or misdemeanor cases involving the possession or sale of such drugs.B. Exception: If special circumstances exist, making the destruction of any drug not feasible in a particular case, the District Attorney shall move the Court of Common Pleas for permission to retain the drugs pretrial and shall set forth in the petition the nature of the special circumstances and the proposed place and manner of keeping the drugs pending trial.C. A motion for an order of destruction of such drugs shall be in writing, have attached thereto a copy of the report of analysis, and shall be made in the following manner: (1) Ex parte: Where no defendants have been arrested in connection with the seizure of such drugs and a showing is made upon affidavit that the likelihood of any future arrest in connection therewith is non-existent; or
(2) Upon notice: When a defendant has been arraigned upon an information charging him with a felony or misdemeanor involving the possession or sale of such drugs and the drugs sought to be destroyed are material to the prosecution of said information.
D. When such motion is ex parte, the Court may order the destruction of all or part of the subject drugs.E. When such motion is upon notice, further proceedings shall be as provided in Section III hereof.III.Proceedings of Motion Upon Notice.A. When such motion is on notice, a hearing thereon shall be held by the Court before which it is returnable not later than thirty (30) days after the return date and the defendant shall be present at such hearing.B. A hearing held pursuant to this section shall be conducted and recorded in the same manner as would be required were the witnesses testifying at trial. The District Attorney shall establish by competent evidence the nature and quantity of the drugs which are the subject of the motion. Each party shall have the right to call and cross-examine witnesses and to register objections and to receive rulings of the Court thereon. Participation by the defendant in such hearing is in no way an acknowledgment of ownership or possession of the material which is the subject of the hearing.C. If the Court finds upon the conclusion of the hearing that neither the prosecution nor the defendant will be prejudiced thereby it may grant the motion and may make such order as it may deem appropriate for the destruction of part or all of such drugs.D. A defendant may waive such hearing and consent to the granting of the motion and entry of an order of destruction either by sworn affidavit or by personal appearance in Court and declaration on the record of such waiver and consent. Such waiver is in no way an acknowledgment of ownership or possession of the material which is the subject of the motion and order.IV.Orders of the Court. A. In any proceeding brought pursuant to this Rule, the Court may grant or deny any motion made hereunder or the relief requested therein in whole or in part and issue any order thereon as it may deem proper and as the interests of justice may require in order to effectuate the provisions of this Rule.B. An order of destruction of any drug which appears in the Schedules of Controlled Substances of the Uniform Controlled Substance, Drug, Device and Cosmetic Act issued by the Court pursuant to this Rule shall state the time within which the provisions of such orders are to be complied with. It shall direct the person having custody of the drug to make provision for the destruction thereof in the presence of four witnesses one of whom shall be designated by each of the following: the Police Commissioner, the Sheriff, the District Attorney and the Office of Judicial Records.V.Affidavit of Destruction. An affidavit attesting to the date, time, place and manner of destruction of any drug pursuant to an order therefor and identifying the same by reference to the report of analysis or by other identifying number or system and the order of the Court issued thereon shall be filed with the Court by the person who destroyed the drugs and by each of the witnesses required to be present by Section IV(B) of this Rule.
VI.Rules of Evidence-Drugs Destroyed Pursuant to Court Order. The destruction of drugs pursuant to the provisions of this Rule shall not preclude the admission at trial or in a proceeding in connection therewith of testimony, the chemist's report, photographs of the drugs or other evidence where such testimony or evidence would otherwise have been admissible if such drugs had not been destroyed.
Star Rule *329, February 17, 1977. Former rule *705 was amended September 20, 2019, effective 12/2/2019