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63-2-101.


63-2-101.
   
   As used in the Uniform Controlled Dangerous Substances Act, Section
   2-101 et seq. of this title:
   
   1. "Administer" means the direct application of a controlled dangerous
   substance, whether by injection, inhalation, ingestion or any other
   means, to the body of a patient, animal or research subject by:
   
   a. a practitioner (or, in the presence of the practitioner, by the
   authorized agent of the practitioner), or
   
   b. the patient or research subject at the direction and in the
   presence of the practitioner;
   
   2. "Agent" means a peace officer appointed by and who acts in behalf
   of the Director of the Oklahoma State Bureau of Narcotics and
   Dangerous Drugs Control or an authorized person who acts on behalf of
   or at the direction of a person who manufactures, distributes,
   dispenses, prescribes, administers or uses for scientific purposes
   controlled dangerous substances but does not include a common or
   contract carrier, public warehouser or employee thereof, or a person
   required to register under the Uniform Controlled Dangerous Substances
   Act;
   
   3. "Board" means the Advisory Board to the Director of the Oklahoma
   State Bureau of Narcotics and Dangerous Drugs Control;
   
   4. "Bureau" means the Oklahoma State Bureau of Narcotics and Dangerous
   Drugs Control;
   
   5. "Coca leaves" includes cocaine and any compound, manufacture, salt,
   derivative, mixture or preparation of coca leaves, except derivatives
   of coca leaves which do not contain cocaine or ecgonine;
   
   6. "Commissioner" or "Director" means the Director of the Oklahoma
   State Bureau of Narcotics and Dangerous Drugs Control;
   
   7. "Control" means to add, remove or change the placement of a drug,
   substance or immediate precursor under the Uniform Controlled
   Dangerous Substances Act;
   
   8. "Controlled dangerous substance" means a drug, substance or
   immediate precursor in Schedules I through V of the Uniform Controlled
   Dangerous Substances Act, Section 2-101 et seq. of this title;
   
   9. "Counterfeit substance" means a controlled substance which, or the
   container or labeling of which without authorization, bears the
   trademark, trade name or other identifying marks, imprint, number or
   device or any likeness thereof of a manufacturer, distributor or
   dispenser other than the person who in fact manufactured, distributed
   or dispensed the substance;
   
   10. "Deliver" or "delivery" means the actual, constructive or
   attempted transfer from one person to another of a controlled
   dangerous substance, whether or not there is an agency relationship;
   
   11. "Dispense" means to deliver a controlled dangerous substance to an
   ultimate user or human research subject by or pursuant to the lawful
   order of a practitioner, including the prescribing, administering,
   packaging, labeling or compounding necessary to prepare the substance
   for such distribution. "Dispenser" is a practitioner who delivers a
   controlled dangerous substance to an ultimate user or human research
   subject;
   
   12. "Distribute" means to deliver other than by administering or
   dispensing a controlled dangerous substance;
   
   13. "Distributor" means a commercial entity engaged in the
   distribution or reverse distribution of narcotics and dangerous drugs
   and who complies with all regulations promulgated by the federal Drug
   Enforcement Administration and the Oklahoma State Bureau of Narcotics
   and Dangerous Drugs Control;
   
   14. "Drug" means articles:
   
   a. recognized in the official United States Pharmacopoeia, official
   Homeopathic Pharmacopoeia of the United States, or official National
   Formulary, or any supplement to any of them,
   
   b. intended for use in the diagnosis, cure, mitigation, treatment or
   prevention of disease in man or other animals,
   
   c. other than food, intended to affect the structure or any function
   of the body of man or other animals, and
   
   d. intended for use as a component of any article specified in this
   paragraph;
   
   provided, however, the term "drug" does not include devices or their
   components, parts or accessories;
   
   15. "Drug-dependent person" means a person who is using a controlled
   dangerous substance and who is in a state of psychic or physical
   dependence, or both, arising from administration of that controlled
   dangerous substance on a continuous basis. Drug dependence is
   characterized by behavioral and other responses which include a strong
   compulsion to take the substance on a continuous basis in order to
   experience its psychic effects, or to avoid the discomfort of its
   absence;
   
   16. "Home care agency" means any sole proprietorship, partnership,
   association, corporation, or other organization which administers,
   offers, or provides home care services, for a fee or pursuant to a
   contract for such services, to clients in their place of residence;
   
   17. "Home care services" means skilled or personal care services
   provided to clients in their place of residence for a fee;
   
   18. "Hospice" means a centrally administered, nonprofit or profit,
   medically directed, nurse-coordinated program which provides a
   continuum of home and inpatient care for the terminally ill patient
   and the patient's family. Such term shall also include a centrally
   administered, nonprofit or profit, medically directed,
   nurse-coordinated program if such program is licensed pursuant to the
   provisions of this act. A hospice program offers palliative and
   supportive care to meet the special needs arising out of the physical,
   emotional and spiritual stresses which are experienced during the
   final stages of illness and during dying and bereavement. This care is
   available twenty-four (24) hours a day, seven (7) days a week, and is
   provided on the basis of need, regardless of ability to pay. "Class A"
   Hospice refers to Medicare certified hospices. "Class B" refers to all
   other providers of hospice services;
   
   19. "Imitation controlled substance" means a substance that is not a
   controlled dangerous substance, which by dosage unit appearance,
   color, shape, size, markings or by representations made, would lead a
   reasonable person to believe that the substance is a controlled
   dangerous substance. In the event the appearance of the dosage unit is
   not reasonably sufficient to establish that the substance is an
   "imitation controlled substance", the court or authority concerned
   should consider, in addition to all other factors, the following
   factors as related to "representations made" in determining whether
   the substance is an "imitation controlled substance":
   
   a. statements made by an owner or by any other person in control of
   the substance concerning the nature of the substance, or its use or
   effect,
   
   b. statements made to the recipient that the substance may be resold
   for inordinate profit,
   
   c. whether the substance is packaged in a manner normally used for
   illicit controlled substances,
   
   d. evasive tactics or actions utilized by the owner or person in
   control of the substance to avoid detection by law enforcement
   authorities,
   
   e. prior convictions, if any, of an owner, or any other person in
   control of the object, under state or federal law related to
   controlled substances or fraud, and
   
   f. the proximity of the substances to controlled dangerous substances;
   
   20. "Immediate precursor" means a substance which the Director has
   found to be and by regulation designates as being the principal
   compound commonly used or produced primarily for use, and which is an
   immediate chemical intermediary used, or likely to be used, in the
   manufacture of a controlled dangerous substance, the control of which
   is necessary to prevent, curtail or limit such manufacture;
   
   21. "Laboratory" means a laboratory approved by the Director as proper
   to be entrusted with the custody of controlled dangerous substances
   and the use of controlled dangerous substances for scientific and
   medical purposes and for purposes of instruction;
   
   22. "Manufacture" means the production, preparation, propagation,
   compounding or processing of a controlled dangerous substance, either
   directly or indirectly by extraction from substances of natural or
   synthetic origin, or independently by means of chemical synthesis or
   by a combination of extraction and chemical synthesis. "Manufacturer"
   includes any person who packages, repackages or labels any container
   of any controlled dangerous substance, except practitioners who
   dispense or compound prescription orders for delivery to the ultimate
   consumer;
   
   23. "Marihuana" means all parts of the plant Cannabis sativa L.,
   whether growing or not; the seeds thereof; the resin extracted from
   any part of such plant; and every compound, manufacture, salt,
   derivative, mixture or preparation of such plant, its seeds or resin,
   but shall not include the mature stalks of such plant, fiber produced
   from such stalks, oil or cake made from the seeds of such plant, any
   other compound, manufacture, salt, derivative, mixture or preparation
   of such mature stalks (except the resin extracted therefrom), fiber,
   oil or cake, or the sterilized seed of such plant which is incapable
   of germination;
   
   24. "Medical purpose" means an intention to utilize a controlled
   dangerous substance for physical or mental treatment, for diagnosis,
   or for the prevention of a disease condition not in violation of any
   state or federal law and not for the purpose of satisfying
   physiological or psychological dependence or other abuse;
   
   25. "Mid-level practitioner" means an advanced practice nurse as
   defined and within parameters specified in Section 567.3a of Title 59
   of the Oklahoma Statutes;
   
   26. "Narcotic drug" means any of the following, whether produced
   directly or indirectly by extraction from substances of vegetable
   origin, or independently by means of chemical synthesis, or by a
   combination of extraction and chemical synthesis:
   
   a. opium, coca leaves and opiates,
   
   b. a compound, manufacture, salt, derivative or preparation of opium,
   coca leaves or opiates,
   
   c. cocaine, its salts, optical and geometric isomers, and salts of
   isomers,
   
   d. ecgonine, its derivatives, their salts, isomers and salts of
   isomers, and
   
   e. a substance, and any compound, manufacture, salt, derivative or
   preparation thereof, which is chemically identical with any of the
   substances referred to in subparagraphs a through d of this paragraph,
   except that the words "narcotic drug" as used in Section 2-101 et seq.
   of this title shall not include decocainized coca leaves or extracts
   of coca leaves, which extracts do not contain cocaine or ecgonine;
   
   27. "Opiate" means any substance having an addiction-forming or
   addiction-sustaining liability similar to morphine or being capable of
   conversion into a drug having such addiction-forming or
   addiction-sustaining liability. It does not include, unless
   specifically designated as controlled under the Uniform Controlled
   Dangerous Substances Act, the dextrorotatory isomer of
   3-methoxy-n-methyl-morphinan and its salts (dextromethorphan). It does
   include its racemic and levorotatory forms;
   
   28. "Opium poppy" means the plant of the species Papaver somniferum
   L., except the seeds thereof;
   
   29. "Peace officer" means a police officer, sheriff, deputy sheriff,
   district attorney's investigator, investigator from the Office of the
   Attorney General, or any other person elected or appointed by law to
   enforce any of the criminal laws of this state or of the United
   States;
   
   30. "Person" means an individual, corporation, government or
   governmental subdivision or agency, business trust, estate, trust,
   partnership or association, or any other legal entity;
   
   31. "Poppy straw" means all parts, except the seeds, of the opium
   poppy, after mowing;
   
   32. "Practitioner" means:
   
   a. (1) a medical doctor or osteopathic physician,
   
   (2) a dentist,
   
   (3) a podiatrist,
   
   (4) an optometrist,
   
   (5) a veterinarian,
   
   (6) a physician assistant under the supervision of a licensed medical
   doctor or osteopathic physician,
   
   (7) a scientific investigator, or
   
   (8) any other person,
   
   licensed, registered or otherwise permitted to prescribe, distribute,
   dispense, conduct research with respect to, use for scientific
   purposes or administer a controlled dangerous substance in the course
   of professional practice or research in this state, or
   
   b. a pharmacy, hospital, laboratory or other institution licensed,
   registered or otherwise permitted to distribute, dispense, conduct
   research with respect to, use for scientific purposes or administer a
   controlled dangerous substance in the course of professional practice
   or research in this state;
   
   33. "Production" includes the manufacture, planting, cultivation,
   growing or harvesting of a controlled dangerous substance;
   
   34. "State" means the State of Oklahoma or any other state of the
   United States;
   
   35. "Ultimate user" means a person who lawfully possesses a controlled
   dangerous substance for the person's own use or for the use of a
   member of the person's household or for administration to an animal
   owned by the person or by a member of the person's household;
   
   36. "Drug paraphernalia" means all equipment, products and materials
   of any kind which are used or intended for use in planting,
   propagating, cultivating, growing, harvesting, manufacturing,
   compounding, converting, producing, processing, preparing, testing,
   analyzing, packaging, repackaging, storing, containing, concealing,
   injecting, ingesting, inhaling or otherwise introducing into the human
   body, a controlled dangerous substance in violation of the Uniform
   Controlled Dangerous Substances Act including, but not limited to:
   
   a. kits used or intended for use in planting, propagating,
   cultivating, growing or harvesting of any species of plant which is a
   controlled dangerous substance or from which a controlled dangerous
   substance can be derived,
   
   b. kits used or intended for use in manufacturing, compounding,
   converting, producing, processing or preparing controlled dangerous
   substances,
   
   c. isomerization devices used or intended for use in increasing the
   potency of any species of plant which is a controlled dangerous
   substance,
   
   d. testing equipment used or intended for use in identifying, or in
   analyzing the strength, effectiveness or purity of controlled
   dangerous substances,
   
   e. scales and balances used or intended for use in weighing or
   measuring controlled dangerous substances,
   
   f. diluents and adulterants, such as quinine hydrochloride, mannitol,
   mannite, dextrose and lactose, used or intended for use in cutting
   controlled dangerous substances,
   
   g. separation gins and sifters used or intended for use in removing
   twigs and seeds from, or in otherwise cleaning or refining, marihuana,
   
   h. blenders, bowls, containers, spoons and mixing devices used or
   intended for use in compounding controlled dangerous substances,
   
   i. capsules, balloons, envelopes and other containers used or intended
   for use in packaging small quantities of controlled dangerous
   substances,
   
   j. containers and other objects used or intended for use in
   parenterally injecting controlled dangerous substances into the human
   body,
   
   k. hypodermic syringes, needles and other objects used or intended for
   use in parenterally injecting controlled dangerous substances into the
   human body, and
   
   l. objects used or intended for use in ingesting, inhaling or
   otherwise introducing marihuana, cocaine, hashish or hashish oil into
   the human body, such as:
   
   (1) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
   with or without screens, permanent screens, hashish heads or punctured
   metal bowls,
   
   (2) water pipes,
   
   (3) carburetion tubes and devices,
   
   (4) smoking and carburetion masks,
   
   (5) roach clips, meaning objects used to hold burning material, such
   as a marihuana cigarette, that has become too small or too short to be
   held in the hand,
   
   (6) miniature cocaine spoons and cocaine vials,
   
   (7) chamber pipes,
   
   (8) carburetor pipes,
   
   (9) electric pipes,
   
   (10) air-driven pipes,
   
   (11) chillums,
   
   (12) bongs, or
   
   (13) ice pipes or chillers;
   
   provided, however, the term "drug paraphernalia" shall not include
   separation gins intended for use in preparing tea or spice, clamps
   used for constructing electrical equipment, water pipes designed for
   ornamentation or pipes designed for smoking tobacco;
   
   37. "Synthetic controlled substance" means a substance that is not a
   controlled dangerous substance, but is a substance that produces a
   like or similar physiological or psychological effect on the human
   central nervous system that currently has no accepted medical use in
   treatment in the United States and has a potential for abuse. The
   court or authority concerned with establishing that the substance is a
   synthetic controlled substance should consider, in addition to all
   other factors, the following factors as related to "representations
   made" in determining whether the substance is a synthetic controlled
   substance:
   
   a. statements made by an owner or by any other person in control of
   the substance concerning the nature of the substance, its use or
   effect,
   
   b. statements made to the recipient that the substance may be resold
   for an inordinate profit,
   
   c. prior convictions, if any, of an owner or any person in control of
   the substance, under state or federal law related to controlled
   dangerous substances, and
   
   d. the proximity of the substance to any controlled dangerous
   substance;
   
   38. "Tetrahydrocannabinols" means all substances that have been
   chemically synthesized to emulate the tetrahydrocannabinols of
   marihuana;
   
   39. "Isomer" means the optical isomer, except as used in subsection C
   of Section 2-204 of this title and paragraph 4 of subsection A of
   Section 2-206 of this title. As used in subsection C of Section 2-204
   of this title, "isomer" means the optical, positional or geometric
   isomer. As used in paragraph 4 of subsection A of Section 2-206 of
   this title, the term "isomer" means the optical or geometric isomer;
   and
   
   40. "Hazardous materials" means materials, whether solid, liquid or
   gas, which are toxic to human, animal, aquatic or plant life, and the
   disposal of which materials is controlled by state or federal
   guidelines.
   

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