(A) Cannabis, Controlled Substance. Except as allowed by and in compliance with the Compassionate Use Act and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act, any cannabis, substance containing cannabis, cannabis sativa plants, and controlled substance shall be seized and forfeited to the City as contraband, whereupon such items shall be destroyed.
(B) Funds. Any money or other thing of value furnished or intended to be furnished by any person in exchange for an item which would be a violation of this chapter, all proceeds traceable to such an exchange, and any moneys or things of value used, or intended to be used, to commit or in any manner to facilitate or be held in conjunction with any violation of this chapter shall be seized and forfeited to the City as contraband.
(C) Presumptions. The following circumstances shall give rise to a presumption that the funds or other things of value were furnished or intended to be furnished or were otherwise provided in conjunction with or facilitation of a violation of this chapter, such presumptions being rebuttable by a preponderance of the evidence:
(1) All moneys or other things of value were found in close proximity to substances or items forfeitable under this chapter; and
(2) There was no reasonable source for the money or things of value other than a violation of this chapter.
(D) Hearing upon Seizure. If the owner of the moneys or things of value seized pursuant to this chapter desires to appeal the seizure, said owner must make a request for a hearing on the seizure no later than the next business day after the seizure. Said request shall be in writing, specifying the basis upon which the seizure is being appealed, and shall be filed with the Corporation Counsel’s office. If the request is timely filed, an Administrative Adjudication Hearing Officer shall conduct such hearing within 72 hours, or as soon thereafter as is practicable excluding Saturdays, Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer determines there is probable cause to believe that the moneys or things of value are subject to seizure and forfeiture pursuant to this chapter, the Hearing Officer shall order the continued seizure of the moneys or things of value until the full evidentiary hearing. If, after the hearing, the Hearing Officer determines that probable cause does not exist for the seizure, the moneys or things of value shall be returned to the owner.
(Ord. 8804, passed 5-1-12; Am. Ord. 8873, passed 4-2-13; Am. Ord. 9072, passed 11-1-16; Am. Ord. 9234, passed 12-17-19)