Lakewood Police Department Policy and Procedure		Effective Date: 01/31/2024
	Policy Number: PP-4704 Controlled Substances and Drug Paraphernalia

1. This procedure governs controlled substances, counterfeit controlled substances, prescription and over-the counter drugs, marijuana or marijuana products, unknown or suspected drug substances, and drug paraphernalia.

2. All controlled substances and drug paraphernalia found or seized by an employee of this Department shall be submitted to the Property & Evidence Unit as soon as practicable but no later than end of shift.  

3. Each different type and/or dosage of controlled substance shall be documented separately in the property and evidence management tracking system.

4. Each type of controlled substance found or seized, it shall be placed in a drug bag and sealed. Loose quantities of controlled substances and loose pills shall be placed in glassine baggies prior to sealing in a drug bag.

5. Live marijuana plants shall be packaged in brown paper or brown paper bags.

6. The electronic scale, in conjunction with a printer shall be used to obtain the gross weight of controlled substances, suspected controlled substances, counterfeit controlled substances, and prescription over-the-counter drugs, marijuana or marijuana products, or unknown or suspected drug substances.

7. The scale, printer, heat-sealer, and booking supplies shall be maintained in the booking area within the Property & Evidence Unit.

8. Controlled substances shall be left in the container if the weight of the container does not significantly affect the total weight of the drugs or if the controlled substance cannot be easily separated from its container.

a. Examples:  dried marijuana in a plastic baggie, a wrapped kilo, a balloon of heroin, a glassine bag of methamphetamine, a gram vial of cocaine, paper bindles, loaded syringe, marijuana wax, pills in blister packs, foil with LSD. 

9. If the container significantly affects the total weight, the loose drugs shall be transferred to a small glassine baggie, placed into a drug bag, and then weighed and witnessed.  The container shall then be booked separately. Containers with residue do not need to be witnessed or weighed.

a. Drug Paraphernalia shall be heat-sealed in a bag but does not need weighed or witnessed. 

b. Different kinds of drug paraphernalia must be listed as separate items when booked for drug offenses.

c. Different kinds of drug paraphernalia may be booked as bulk “DRUG PARAPHERNALIA” for non-drug offenses.

d. If the booking employee is unsure of the charging offenses or if they may change, the different kinds of drug paraphernalia must be listed as separate items when booked.

10. Gross Weights of suspected drugs to the nearest .1 gram shall be entered in the property and evidence management tracking system in the quantity field.

a. Over-the-counter substances shall be weighed in their container but do not require a witness (i.e. bottle of aspirin, etc.). 

b. Any controlled substance, counterfeit controlled substance, prescription drugs (including Inhaler), marijuana or marijuana products, or unknown or suspected drug, must be weighed and witnessed.  

c. Prescription drugs must be weighed and witnessed but shall remain in their prescription bottle if the contents/pills match the label.

d. If the content/pills do not match the label on the prescription bottle then each different content/pill type shall be packaged separately and witnessed and weighed. Minimizing handling and separation of prescription bottle and content/pills will maintain integrity of property for return to owner.

e. Prescription bottles without an identifying label shall have content/pills removed, weighed and witnessed and the empty bottle booked as drug paraphernalia.

f. When required by this policy, weights shall be verified at the time of booking by a witness. The witness shall be a sworn employee of this department who is off probation and is trained and authorized to book property into the Property & Evidence Unit. All members of the Forensic Analysis Team, Community Service Officers (CSOs) and the Property & Evidence Supervisor are also authorized to be a witness as required by policy and procedure. Employees of the Property & Evidence Unit shall not serve as witnesses for the booking of property or evidence, with the exception of the supervisor.

g. The witness shall sign the drug bag verifying the weight. The booking employee and witness are equally responsible for the accuracy of booked property and evidence.

h. The barcode shall be attached to the package after it has been weighed.

i. The booking employee and witness shall initial and date the seal on the back of the bag.

11. If growing marijuana plants are to be seized:

a. If less than 50 plants are seized, photographs of the plants shall be taken prior to removal from the container. 

b. After photographing, the plants shall be removed from their containers, packaged in paper bags, sealed with evidence tape, weighed and witnessed. 

c. Archive case evidence photographs according to current Department policy.

d. The containers or grow equipment (i.e. lights, pots, piping, fertilizer) do not need to be booked into the Property and Evidence Unit.

e. If more than 50 plants are seized, the drug task force shall be notified prior to taking any action.

12. If not booked as evidence, marijuana or marijuana products, in any amount, shall be booked for destruction. Marijuana booked for destruction shall be weighed and witnessed.

13. If not booked as evidence, any electronic cigarette that contains known or suspected hash oil shall be booked for destruction. Electronic cigarettes (or suspected of) containing hash or unknown oil shall be weighed and witnessed.

14. Drug Paraphernalia:

a. Municipal Cases – If drug paraphernalia is confiscated arising from an incident where only municipal charges result, that drug paraphernalia  can be documented in the incident report in RMS, photographed and uploaded to the Department’s digital imaging repository, then disposed in the GREEN drug paraphernalia receptacle in the main booking area of the Property & Evidence Unit.

(1) EXCEPTION:  Syringes being booked as drug paraphernalia from an incident where only municipal charges result, must first be placed in either a plastic syringe tube or cardboard tube, then disposed of in the RED bio-hazard syringe receptacle in the main booking area of the Property and Evidence Unit. NO SYRINGE IS TO BE DISPOSED OF IN THIS MANNER IF THERE IS ANY TYPE OF DRUG OR FLUID IN IT.

b. Found Property and No New Charges cases – If drug paraphernalia is confiscated as a result of being Found Property or where no charges will be filed currently or in the future (ie. Warrant Arrests) that drug paraphernalia can be documented in the incident in RMS, photographed and uploaded to the Departments digital imaging repository, then disposed in the GREEN drug paraphernalia receptacle in the main booking area of the Property & Evidence Unit.

(1) EXCEPTION:  Syringes being booked as drug paraphernalia from an incident where only municipal charges result, must first be placed in either a plastic syringe tube or cardboard tube, then disposed of in the RED bio-hazard syringe receptacle in the main booking area of the Property and Evidence Unit. NO SYRINGE IS TO BE DISPOSED OF IN THIS MANNER IF THERE IS ANY TYPE OF DRUG OR FLUID IN IT.

c. Drug paraphernalia confiscated arising from an incident where only Municipal Charges, Found Property or No New Charges results will NOT be documented in the Department’s evidence management system. 

d. County Cases – If drug paraphernalia is confiscated arising from an incident where only misdemeanor county charges result (WITH THE EXCEPTION OF DUI’S) that drug paraphernalia can be documented in the incident report in RMS, photographed and uploaded to the Department’s digital imaging repository, then disposed in the GREEN drug paraphernalia receptacle in the main booking area of the Property and Evidence Unit.  

If drug paraphernalia is confiscated arising from an incident where any felony or DUI charges Result, that drug paraphernalia shall be booked into the Property and Evidence Unit per the below policies:

(1) Drug Paraphernalia booked as evidence shall be heat-sealed in a bag but does not need weighed or witnessed.

(2) Different kinds of drug paraphernalia booked as Evidence must be listed as separate items when booked for drug offenses.

(3) Different kinds of drug paraphernalia booked as Evidence may be booked as bulk “DRUG PARAPHERNALIA” for non-drug offenses.

(4) If the booking employee is unsure of the charging offenses or if charges may change, different kinds of paraphernalia must be listed as separate items when booked.

(5) Large bongs and other paraphernalia confiscated arising from an incident where only misdemeanor charges, Found Property, or No New Charges result that does not fit in the receptacle opening shall be documented in the incident report in RMS, photographed and uploaded to the department’s digital imaging repository. The item is then booked into P&E for destruction.

(6) Butane cans, lighters and other flammable items confiscated arising from an incident where only misdemeanor charges, Found Property or No New Charges result shall be documented in the RMS incident report, photographed and uploaded to the department digital imaging repository, The item is then booked for destruction. 

(7) Syringes being booked as drug paraphernalia confiscated from an incident where only misdemeanor charges, Found Property, or No New Charges result must first be placed in either a plastic syringe tube or cardboard tube, then be disposed in the RED bio-hazard syringe receptacle in the main booking area of the Property and Evidence Unit. NO SYRINGE IS TO BE DISPOSED OF IN THIS MANNER IF THERE IS ANY TYPE OF DRUG OR FLUID IN IT.  

(8) Drug paraphernalia may be booked as evidence in ANY case if an agent deems it necessary or relevant.