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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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