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26-57-249

Destruction of tobacco products upon conviction -- Procedure.

(a) Upon conviction of any person charged with a violation of any tobacco, vapor product, alternative nicotine product, or e-liquid product law or rule which resulted in the seizure of tobacco products, vapor products, alternative nicotine products, or e-liquid products, the court shall issue an order to destroy the tobacco products, vapor products, alternative nicotine products, or e-liquid products confiscated by the Director of Arkansas Tobacco Control or by any state, county, or municipal officer in this state.

(b) Upon a finding of guilty of any person charged with a violation of a state tobacco, vapor product, alternative nicotine product, or e-liquid product law or rule in a proceeding before the Arkansas Tobacco Control Board that resulted in the seizure of tobacco products, vapor products, alternative nicotine products, or e-liquid products, the board shall issue an order to destroy the tobacco products, vapor products, alternative nicotine products, or e-liquid products confiscated by the director or by any state, county, or municipal officer in this state.

(c) Every court of record in this state shall notify the director of the disposition made of each case in the court as to whether the defendant was convicted or acquitted.

(d) Upon application of the director, the board or the court issuing a destruction order may instead release the tobacco products, vapor products, alternative nicotine products, or e-liquid products to the use and benefit of Arkansas Tobacco Control for suitable law enforcement or training purposes.

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