AB1612 - Disposition of controlled substances.

Amended IN Assembly May 18, 2026 Amended IN Assembly April 07, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1612 Introduced by Assembly Member Alanis January 21, 2026 An act to add Section 11451 to the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGEST AB 1612, as amended, Alanis. Disposition of controlled substances. Existing law, the Uniform Controlled Substances Act, authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law authorizes a police or sheriff’s department, the Department of Justice, or the Department of the California Highway Patrol to, with an order from the court, destroy controlled substances, instruments, or paraphernalia, as specified. This bill would authorize a local police department, sheriff’s office, or state law enforcement agency in possession of a controlled substance to transport a controlled substance that has been held beyond the applicable retention period for an ongoing investigation or related proceedings, and that they are otherwise authorized by law to destroy, to the Department of Justice for disposal. The bill would authorize the Department of Justice, upon an appropriation by the Legislature, to contract with a third party to dispose of all controlled substances received pursuant to these provisions. This bill would require the Department of Justice, upon an appropriation by the Legislature, and in consultation with the Department of Toxic Substances Control and other relevant state and local agencies, to develop and publish guidance, on the Department of Justice’s internet website, for proper management and disposal of controlled substances in the possession of law enforcement, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 11451 is added to the Health and Safety Code, to read: 11451. (a) The Department of Justice may, upon an appropriation by the Legislature, contract with a third party to dispose of all controlled substances received from a local police department, sheriff’s office, or state law enforcement agency, pursuant to subdivision (b). As used in this section, “controlled substances” has the same meaning as defined in the California Uniform Controlled Substances Act, pursuant to Chapter 1 (commencing with Section 11000). shall, upon an appropriation by the Legislature, and in consultation with the Department of Toxic Substances Control and other relevant state and local agencies, develop and publish guidance, on the Department of Justice’s internet website, for proper management and disposal of controlled substances in the possession of a local police department, sheriff’s office, or state law enforcement agency. (b) A local police department, sheriff’s office, or state law enforcement agency in possession of a controlled substance may, if the controlled substance has been held beyond the applicable retention period for an ongoing investigation or related proceedings and they are otherwise authorized by law to destroy the controlled substance, transport the controlled substance to the Department of Justice for disposal. (c) The Department of Justice shall promulgate regulations necessary to implement the provisions of this section.