An unknown trespasser was growing a bunch of marijuana in the woods. When the out of county landowner was notified they did not know anything about the growing equipment or marijuana, and made no claim to the equipment. The Sheriff's department took the equipment and has it in storage. Some of the equipment like a compressor might be of some value. What should the Sheriff's department do with the growing equipment? Would a notice in the paper of abandoned property work?

Look at HSC 481.151 - 481.160.

These sections seem to pertain to the plants themselves rather than to the equipment used to grow them. I believe the plants were taken by the DEA.

PROPERTY is covered

481.151. DEFINITIONS. In this subchapter:
(1) "Controlled substance PROPERTY" means a controlled substance, mixture containing a controlled substance, controlled substance analogue, counterfeit controlled substance, drug paraphernalia, chemical precursor, chemical laboratory apparatus, or raw material.

481.002 (17)"Drug paraphernalia" means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
The term includes: (A) a kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived;

481.153. SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OF CONTROLLED SUBSTANCE PROPERTY.
(a) Controlled substance PROPERTY that is manufactured, delivered, or possessed in violation of this chapter is subject to seizure and summary forfeiture to the state.
(b) If an item of controlled substance PROPERTY is seized and forfeited under this section, a court may order the disposition of the property under Section 481.159, or the department or a peace officer may summarily destroy the PROPERTY under the rules of the department.

[This message was edited by John Greenwood on 09-05-08 at .]

This equipment would seem to fit under the definition of drug paraphernalia. Thank you for your help.