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DRUG-RELATED OFFENSES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED DANGEROUS SUBSTANCE. Any drug, substance, or immediate precursor, other than marijuana, included in Schedule I, II, III, IV or V of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-101, et seq.), including, but not limited to:
(1) Hallucinogenic substances, including mescaline, psilocybin, and various types of methoxyamphetamines.
(2) Stimulants such as amphetamines and methamphetamines.
(3) Barbiturates and other depressants such as amobarbital, secobarbital, pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
DRUG PARAPHERNALIA. Any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this chapter. It includes, but is not limited to, items intended or designed for use in ingesting, inhaling, or otherwise introducing cocaine, PCP, methamphetamine, or amphetamines 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;
(6) Miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(11) Chillums;
(12) Bongs;
(13) Ice pipes or chillers;
(14) Wired cigarette papers; or
(15) Cocaine freebase kits.
MARIJUANA. 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. This definition shall not include the mature stalks of such plant; fiber produced from such stalks; oil, cake made from the seeds of such plant, any other compound, manufacture, sale, 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.
PRACTITIONER:
(1) A physician, dentist, podiatrist, veterinarian, scientific investigator, or other person who is authorized by state or federal law 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; or
(2) A pharmacy, hospital, laboratory, or other institution authorized by state or federal law to distribute, dispense, or conduct research with respect to use for scientific purposes or administer marijuana or a controlled dangerous substance in the course of a registered professional practice or research in this state.
SIMULATED CONTROLLED DANGEROUS SUBSTANCE. Any substance which is not a controlled substance nor marijuana, but which
identifies itself by using a common name or slang term associated with marijuana or with substances identified as a controlled dangerous substance, or which indicates on its label or accompanying promotional material or concerning which it is represented that the product simulates the effect of a substance, or which by appearance, making or packaging would lead a reasonable person to believe the substance was marijuana or a controlled substance.
(Prior Code, § 11-423) (Am. Ord. 1977, passed 9-3-2019)
Statutory reference:
Controlled dangerous substances, see 63 O.S. § 2-101
(A) It shall be unlawful for any person to knowingly or intentionally possess any controlled dangerous substance or simulated controlled dangerous substance, other than marijuana, unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $750, plus costs, or by imprisonment of not more than 60 days, or by both such fine and imprisonment.
(B) It shall be unlawful for any person to knowingly or intentionally possess marijuana without an Oklahoma state issued medical marijuana license. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400, plus costs.
(Prior Code, § 11-424) (Am. Ord. 1977, passed 9-3-2019)
(A) No person shall use or possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101, et seq. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400.
(B) No person shall deliver, sell, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101, et seq. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400.
(C) Divisions (A) and (B) shall not be applicable to practitioners to the extent such paraphernalia is used as a part of their lawful practice of the profession.
(D) Divisions (A) and (B) shall not be applicable to the possession of paraphernalia by persons involved in the medical or veterinary equipment supply business, where such possession is a necessary and appropriate part of servicing lawful medical or veterinary practitioners.
(E) In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) Instructions, oral or written, provided with the item concerning its use;
(2) Descriptive materials accompanying the item which explain or depict its use;
(3) National and local advertising concerning its use;
(4) The manner in which the item is displayed for sale;
(5) Whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) The existence and scope of legitimate uses of the item in the community; and
(8) Expert testimony concerning its use.
(F) Any device used for the consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed, and possessed.
(Prior Code, § 11-425) (Am. Ord. 1822, passed 5-19-2009; Am. Ord. 1977, passed 9-3-2019)
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