{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-101","heading":"Definitions","body":"As used in the Uniform Controlled Dangerous Substances Act:\n\n1. “Acute pain” means pain, whether resulting from disease,\n\naccidental trauma, intentional trauma, or other cause that the\n\npractitioner reasonably expects to last only a short period of time.\n\nAcute pain does not include chronic pain, pain being treated as part\n\nof cancer care, hospice or other end-of-life care, or pain being\n\ntreated as part of palliative care;\n\n2. “Administer” means the direct application of a controlled\n\ndangerous substance, whether by injection, inhalation, ingestion or\n\nany other means, to the body of a patient, animal or research\n\nsubject by:\n\na. a practitioner (or, in the presence of the\n\npractitioner, by the authorized agent of the\n\npractitioner), or\n\nb. the patient or research subject at the direction and\n\nin the presence of the practitioner;\n\n3. “Agent” means a peace officer appointed by and who acts on\n\nbehalf of the Director of the Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control or an authorized person who acts on behalf\n\nof or at the direction of a person who manufactures, distributes,\n\ndispenses, prescribes, administers or uses for scientific purposes\n\ncontrolled dangerous substances but does not include a common or\n\ncontract carrier, public warehouser or employee thereof, or a person\n\nrequired to register under the Uniform Controlled Dangerous\n\nSubstances Act;\n\n4. “Anhydrous ammonia” means any substance that exhibits\n\ncryogenic evaporative behavior and tests positive for ammonia;\n\n5. “Board” means the Advisory Board to the Director of the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control;\n\n6. “Bureau” means the Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control;\n\n7. “Chronic pain” means pain that persists beyond the usual\n\ncourse of an acute disease or healing of an injury. Chronic pain\n\nmay or may not be associated with an acute or chronic pathologic\n\nprocess that causes continuous or intermittent pain over months or\n\nyears;\n\n8. “Coca leaves” includes cocaine and any compound,\n\nmanufacture, salt, derivative, mixture or preparation of coca\n\nleaves, except derivatives of coca leaves which do not contain\n\ncocaine or ecgonine;\n\n9. “Commissioner” or “Director” means the Director of the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control;\n\n10. “Control” means to add, remove or change the placement of a\n\ndrug, substance or immediate precursor under the Uniform Controlled\n\nDangerous Substances Act;\n\n11. “Controlled dangerous substance” means a drug, substance or\n\nimmediate precursor in Schedules I through V of the Uniform\n\nControlled Dangerous Substances Act or any drug, substance or\n\nimmediate precursor listed either temporarily or permanently as a\n\nfederally controlled substance. Any conflict between state and\n\nfederal law with regard to the particular schedule in which a\n\nsubstance is listed shall be resolved in favor of state law;\n\n12. “Counterfeit substance” means a controlled substance which,\n\nor the container or labeling of which without authorization, bears\n\nthe trademark, trade name or other identifying marks, imprint,\n\nnumber or device or any likeness thereof of a manufacturer,\n\ndistributor or dispenser other than the person who in fact\n\nmanufactured, distributed or dispensed the substance;\n\n13. “Deliver” or “delivery” means the actual, constructive or\n\nattempted transfer from one person to another of a controlled\n\ndangerous substance or drug paraphernalia, whether or not there is\n\nan agency relationship;\n\n14. “Dispense” means to deliver a controlled dangerous\n\nsubstance to an ultimate user or human research subject by or\n\npursuant to the lawful order of a practitioner, including the\n\nprescribing, administering, packaging, labeling or compounding\n\nnecessary to prepare the substance for such distribution.\n\n“Dispenser” is a practitioner who delivers a controlled dangerous\nis\n\nan agency relationship;\n\n14. “Dispense” means to deliver a controlled dangerous\n\nsubstance to an ultimate user or human research subject by or\n\npursuant to the lawful order of a practitioner, including the\n\nprescribing, administering, packaging, labeling or compounding\n\nnecessary to prepare the substance for such distribution.\n\n“Dispenser” is a practitioner who delivers a controlled dangerous\n\nsubstance to an ultimate user or human research subject;\n\n15. “Distribute” means to deliver other than by administering\n\nor dispensing a controlled dangerous substance;\n\n16. “Distributor” means a commercial entity engaged in the\n\ndistribution or reverse distribution of narcotics and dangerous\n\ndrugs and who complies with all regulations promulgated by the\n\nfederal Drug Enforcement Administration and the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control;\n\n17. “Drug” means articles:\n\na. recognized in the official United States Pharmacopeia,\n\nofficial Homeopathic Pharmacopoeia of the United\n\nStates, or official National Formulary, or any\n\nsupplement to any of them,\n\nb. intended for use in the diagnosis, cure, mitigation,\n\ntreatment or prevention of disease in man or other\n\nanimals,\n\nc. other than food, intended to affect the structure or\n\nany function of the body of man or other animals, and\n\nd. intended for use as a component of any article\n\nspecified in this paragraph;\n\nprovided, however, the term drug does not include devices or their\n\ncomponents, parts or accessories;\n\n18. “Drug paraphernalia” means all equipment, products, and\n\nmaterials of any kind which are used, intended for use, or fashioned\n\nspecifically for use in planting, propagating, cultivating, growing,\n\nharvesting, manufacturing, compounding, converting, producing,\n\nprocessing, preparing, testing, analyzing, packaging, repackaging,\n\nstoring, containing, concealing, injecting, ingesting, inhaling, or\n\notherwise introducing into the human body, a controlled dangerous\n\nsubstance in violation of the Uniform Controlled Dangerous\n\nSubstances Act including, but not limited to:\n\na. kits used, intended for use, or fashioned specifically\n\nfor use in planting, propagating, cultivating,\n\ngrowing, or harvesting of any species of plant which\n\nis a controlled dangerous substance or from which a\n\ncontrolled dangerous substance can be derived,\n\nb. kits used, intended for use, or fashioned specifically\n\nfor use in manufacturing, compounding, converting,\n\nproducing, processing, or preparing controlled\n\ndangerous substances,\n\nc. isomerization devices used, intended for use, or\n\nfashioned specifically for use in increasing the\n\npotency of any species of plant which is a controlled\n\ndangerous substance,\n\nd. testing equipment used, intended for use, or fashioned\n\nspecifically for use in identifying or in analyzing\n\nthe strength, effectiveness, or purity of controlled\n\ndangerous substances,\n\ne. scales and balances used, intended for use, or\n\nfashioned specifically for use in weighing or\n\nmeasuring controlled dangerous substances,\n\nf. diluents and adulterants, such as quinine\n\nhydrochloride, mannitol, mannite, dextrose, and\n\nlactose used, intended for use, or fashioned\n\nspecifically for use in cutting controlled dangerous\n\nsubstances,\n\ng. separation gins and sifters used, intended for use, or\n\nfashioned specifically for use in removing twigs and\n\nseeds from, or in otherwise cleaning or refining,\n\nmarijuana,\n\nh. blenders, bowls, containers, spoons, and mixing\n\ndevices used, intended for use, or fashioned\n\nspecifically for use in compounding controlled\n\ndangerous substances,\n\ni. capsules, balloons, envelopes, and other containers\n\nused, intended for use, or fashioned specifically for\n\nuse in packaging small quantities of controlled\n\ndangerous substances,\n\nj. containers and other objects used, intended for use,\nders, bowls, containers, spoons, and mixing\n\ndevices used, intended for use, or fashioned\n\nspecifically for use in compounding controlled\n\ndangerous substances,\n\ni. capsules, balloons, envelopes, and other containers\n\nused, intended for use, or fashioned specifically for\n\nuse in packaging small quantities of controlled\n\ndangerous substances,\n\nj. containers and other objects used, intended for use,\n\nor fashioned specifically for use in parenterally\n\ninjecting controlled dangerous substances into the\n\nhuman body,\n\nk. hypodermic syringes, needles, and other objects used,\n\nintended for use, or fashioned specifically for use in\n\nparenterally injecting controlled dangerous substances\n\ninto the human body, except as authorized by Section\n\n2-1101 of this title,\n\nl. objects used, intended for use, or fashioned\n\nspecifically for use in ingesting, inhaling, or\n\notherwise introducing marijuana, cocaine, hashish, or\n\nhashish oil into the human body, such as:\n\n(1) metal, wooden, acrylic, glass, stone, plastic, or\n\nceramic pipes with or without screens, permanent\n\nscreens, hashish heads, or punctured metal bowls,\n\n(2) water pipes,\n\n(3) carburetion tubes and devices,\n\n(4) smoking and carburetion masks,\n\n(5) roach clips, meaning objects used to hold burning\n\nmaterial, such as a marijuana cigarette, that has\n\nbecome too small or too short to be held in the\n\nhand,\n\n(6) miniature cocaine spoons and cocaine vials,\n\n(7) chamber pipes,\n\n(8) carburetor pipes,\n\n(9) electric pipes,\n\n(10) air-driven pipes,\n\n(11) chillums,\n\n(12) bongs, or\n\n(13) ice pipes or chillers,\n\nm. all hidden or novelty pipes, and\n\nn. any pipe that has a tobacco bowl or chamber of less\n\nthan one-half (1/2) inch in diameter in which there is\n\nany detectable residue of any controlled dangerous\n\nsubstance as defined in this section or any other\n\nsubstances not legal for possession or use;\n\nprovided, however, the term drug paraphernalia shall not include\n\nseparation gins intended for use in preparing tea or spice, clamps\n\nused for constructing electrical equipment, water pipes designed for\n\nornamentation in which no detectable amount of an illegal substance\n\nis found or pipes designed and used solely for smoking tobacco,\n\ntraditional pipes of an American Indian tribal religious ceremony,\n\nantique pipes that are thirty (30) years of age or older, or drug\n\ntesting strips possessed by a person for purposes of determining the\n\npresence of fentanyl or a fentanyl-related compound;\n\n19. “Drug-dependent person” means a person who is using a\n\ncontrolled dangerous substance and who is in a state of psychic or\n\nphysical dependence, or both, arising from administration of that\n\ncontrolled dangerous substance on a continuous basis. Drug\n\ndependence is characterized by behavioral and other responses which\n\ninclude a strong compulsion to take the substance on a continuous\n\nbasis in order to experience its psychic effects, or to avoid the\n\ndiscomfort of its absence;\n\n20. “Harm-reduction services” means programs established to:\n\na. reduce the spread of infectious diseases related to\n\ninjection drug use,\n\nb. reduce drug dependency, overdose deaths, and\n\nassociated complications, and\n\nc. increase safe recovery and disposal of used syringes\n\nand sharp waste;\n\n21. “Hazardous materials” means materials, whether solid,\n\nliquid, or gas, which are toxic to human, animal, aquatic, or plant\n\nlife, and the disposal of such materials is controlled by state or\n\nfederal guidelines;\n\n22. “Home care agency” means any sole proprietorship,\n\npartnership, association, corporation, or other organization which\n\nadministers, offers, or provides home care services, for a fee or\n\npursuant to a contract for such services, to clients in their place\n\nof residence;\n\n23. “Home care services” means skilled or personal care\n\nservices provided to clients in their place of residence for a fee;\n\n24. “Hospice” means a centrally administered, nonprofit or for-\nhip, association, corporation, or other organization which\n\nadministers, offers, or provides home care services, for a fee or\n\npursuant to a contract for such services, to clients in their place\n\nof residence;\n\n23. “Home care services” means skilled or personal care\n\nservices provided to clients in their place of residence for a fee;\n\n24. “Hospice” means a centrally administered, nonprofit or for-\n\nprofit, medically directed, nurse-coordinated program which provides\n\na continuum of home and inpatient care for the terminally ill\n\npatient and the patient’s family. Such term shall also include a\n\ncentrally administered, nonprofit or for-profit, medically directed,\n\nnurse-coordinated program if such program is licensed pursuant to\n\nthe provisions of the Uniform Controlled Dangerous Substances Act.\n\nA hospice program offers palliative and supportive care to meet the\n\nspecial needs arising out of the physical, emotional and spiritual\n\nstresses which are experienced during the final stages of illness\n\nand during dying and bereavement. This care is available twenty-\n\nfour (24) hours a day, seven (7) days a week, and is provided on the\n\nbasis of need, regardless of ability to pay. “Class A” Hospice\n\nrefers to Medicare-certified hospices. “Class B” refers to all\n\nother providers of hospice services;\n\n25. “Imitation controlled substance” means a substance that is\n\nnot a controlled dangerous substance, which by dosage unit\n\nappearance, color, shape, size, markings or by representations made,\n\nwould lead a reasonable person to believe that the substance is a\n\ncontrolled dangerous substance, or is a drug intended solely for\n\nveterinary purposes that is not a controlled dangerous substance and\n\nis being used outside of the scope of practice or normal course of\n\nbusiness, as defined by the State Board of Veterinary Medical\n\nExaminers, or is a federal Food and Drug Administration-approved\n\ndrug that is not a controlled dangerous substance and is being used\n\noutside the scope of approval for illicit purposes such as\n\nadulterating or lacing other controlled dangerous substances. In\n\nthe event the appearance of the dosage unit or use is not reasonably\n\nsufficient to establish that the substance is an imitation\n\ncontrolled substance, the court or authority concerned should\n\nconsider, in addition to all other factors, the following factors:\n\na. statements made by an owner or by any other person in\n\ncontrol of the substance concerning the nature of the\n\nsubstance, or its use or effect,\n\nb. statements made to the recipient that the substance\n\nmay be resold for inordinate profit,\n\nc. whether the substance is packaged in a manner normally\n\nused for illicit controlled substances,\n\nd. evasive tactics or actions utilized by the owner or\n\nperson in control of the substance to avoid detection\n\nby law enforcement authorities,\n\ne. prior convictions, if any, of an owner, or any other\n\nperson in control of the object, under state or\n\nfederal law related to controlled substances or fraud,\n\nand\n\nf. the proximity of the substances to controlled\n\ndangerous substances;\n\n26. “Immediate precursor” means a substance which the Director\n\nhas found to be and by regulation designates as being the principal\n\ncompound commonly used or produced primarily for use, and which is\n\nan immediate chemical intermediary used, or likely to be used, in\n\nthe manufacture of a controlled dangerous substance, the control of\n\nwhich is necessary to prevent, curtail or limit such manufacture;\n\n27. “Initial prescription” means a prescription issued to a\n\npatient who:\n\na. has never previously been issued a prescription for\n\nthe drug or its pharmaceutical equivalent in the past\n\nyear, or\n\nb. requires a prescription for the drug or its\n\npharmaceutical equivalent due to a surgical procedure\n\nor new acute event and has previously had a\nitial prescription” means a prescription issued to a\n\npatient who:\n\na. has never previously been issued a prescription for\n\nthe drug or its pharmaceutical equivalent in the past\n\nyear, or\n\nb. requires a prescription for the drug or its\n\npharmaceutical equivalent due to a surgical procedure\n\nor new acute event and has previously had a\n\nprescription for the drug or its pharmaceutical\n\nequivalent within the past year.\n\nWhen determining whether a patient was previously issued a\n\nprescription for a drug or its pharmaceutical equivalent, the\n\npractitioner shall consult with the patient and review the medical\n\nrecord and prescription monitoring information of the patient;\n\n28. “Isomer” means the optical isomer, except as used in\n\nsubsections C and F of Section 2-204 of this title and paragraph 4\n\nof subsection A of Section 2-206 of this title. As used in\n\nsubsections C and F of Section 2-204 of this title, isomer means the\n\noptical, positional, or geometric isomer. As used in paragraph 4 of\n\nsubsection A of Section 2-206 of this title, the term isomer means\n\nthe optical or geometric isomer;\n\n29. “Laboratory” means a laboratory approved by the Director as\n\nproper to be entrusted with the custody of controlled dangerous\n\nsubstances and the use of controlled dangerous substances for\n\nscientific and medical purposes and for purposes of instruction;\n\n30. “Manufacture” means the production, preparation,\n\npropagation, compounding or processing of a controlled dangerous\n\nsubstance, either directly or indirectly by extraction from\n\nsubstances of natural or synthetic origin, or independently by means\n\nof chemical synthesis or by a combination of extraction and chemical\n\nsynthesis. “Manufacturer” includes any person who packages,\n\nrepackages or labels any container of any controlled dangerous\n\nsubstance, except practitioners who dispense or compound\n\nprescription orders for delivery to the ultimate consumer;\n\n31. “Marijuana” means all parts of the plant Cannabis sativa\n\nL., whether growing or not; the seeds thereof; the resin extracted\n\nfrom any part of such plant; and every compound, manufacture, salt,\n\nderivative, mixture or preparation of such plant, its seeds or\n\nresin, but shall not include:\n\na. the mature stalks of such plant or fiber produced from\n\nsuch stalks,\n\nb. oil or cake made from the seeds of such plant,\n\nincluding cannabidiol derived from the seeds of the\n\nmarijuana plant,\n\nc. any other compound, manufacture, salt, derivative,\n\nmixture or preparation of such mature stalks (except\n\nthe resin extracted therefrom), including cannabidiol\n\nderived from mature stalks, fiber, oil or cake,\n\nd. the sterilized seed of such plant which is incapable\n\nof germination,\n\ne. for any person participating in a clinical trial to\n\nadminister cannabidiol for the treatment of severe\n\nforms of epilepsy pursuant to Section 2-802 of this\n\ntitle, a drug or substance approved by the federal\n\nFood and Drug Administration for use by those\n\nparticipants,\n\nf. for any person or the parents, legal guardians or\n\ncaretakers of the person who have received a written\n\ncertification from a physician licensed in this state\n\nthat the person has been diagnosed by a physician as\n\nhaving Lennox-Gastaut syndrome, Dravet syndrome, also\n\nknown as severe myoclonic epilepsy of infancy, or any\n\nother severe form of epilepsy that is not adequately\n\ntreated by traditional medical therapies, spasticity\n\ndue to multiple sclerosis or due to paraplegia,\n\nintractable nausea and vomiting, appetite stimulation\n\nwith chronic wasting diseases, the substance\n\ncannabidiol, a nonpsychoactive cannabinoid, found in\n\nthe plant Cannabis sativa L. or any other preparation\n\nthereof, that has a tetrahydrocannabinol concentration\n\nnot more than three-tenths of one percent (0.3%) and\n\nthat is delivered to the patient in the form of a\n\nliquid,\nr due to paraplegia,\n\nintractable nausea and vomiting, appetite stimulation\n\nwith chronic wasting diseases, the substance\n\ncannabidiol, a nonpsychoactive cannabinoid, found in\n\nthe plant Cannabis sativa L. or any other preparation\n\nthereof, that has a tetrahydrocannabinol concentration\n\nnot more than three-tenths of one percent (0.3%) and\n\nthat is delivered to the patient in the form of a\n\nliquid,\n\ng. any federal Food and Drug Administration-approved drug\n\nor substance, or\n\nh. industrial hemp, from the plant Cannabis sativa L. and\n\nany part of such plant, whether growing or not, with a\n\ndelta-9 tetrahydrocannabinol concentration not more\n\nthan three-tenths of one percent (0.3%) on a dry-\n\nweight basis which shall only be grown pursuant to the\n\nOklahoma Industrial Hemp Program and may be shipped\n\nintrastate and interstate;\n\n32. “Medical purpose” means an intention to utilize a\n\ncontrolled dangerous substance for physical or mental treatment, for\n\ndiagnosis, or for the prevention of a disease condition not in\n\nviolation of any state or federal law and not for the purpose of\n\nsatisfying physiological or psychological dependence or other abuse;\n\n33. “Mid-level practitioner” means an Advanced Practice\n\nRegistered Nurse as defined and within parameters specified in\n\nSection 567.3a of Title 59 of the Oklahoma Statutes, or a certified\n\nanimal euthanasia technician as defined in Section 698.2 of Title 59\n\nof the Oklahoma Statutes, or an animal control officer registered by\n\nthe Oklahoma State Bureau of Narcotics and Dangerous Drugs Control\n\nunder subsection B of Section 2-301 of this title within the\n\nparameters of such officer’s duties under Sections 501 through 508\n\nof Title 4 of the Oklahoma Statutes;\n\n34. “Narcotic drug” means any of the following, whether\n\nproduced directly or indirectly by extraction from substances of\n\nvegetable origin, or independently by means of chemical synthesis,\n\nor by a combination of extraction and chemical synthesis:\n\na. opium, coca leaves and opiates,\n\nb. a compound, manufacture, salt, derivative or\n\npreparation of opium, coca leaves or opiates,\n\nc. cocaine, its salts, optical and geometric isomers, and\n\nsalts of isomers,\n\nd. ecgonine, its derivatives, their salts, isomers and\n\nsalts of isomers, and\n\ne. a substance, and any compound, manufacture, salt,\n\nderivative or preparation thereof, which is chemically\n\nidentical with any of the substances referred to in\n\nsubparagraphs a through d of this paragraph, except\n\nthat the words narcotic drug as used in Section 2-101\n\net seq. of this title shall not include decocainized\n\ncoca leaves or extracts of coca leaves, which extracts\n\ndo not contain cocaine or ecgonine;\n\n35. “Opiate” or “opioid” means any Schedule II, III, IV or V\n\nsubstance having an addiction-forming or addiction-sustaining\n\nliability similar to morphine or being capable of conversion into a\n\ndrug having such addiction-forming or addiction-sustaining\n\nliability. The terms do not include, unless specifically designated\n\nas controlled under the Uniform Controlled Dangerous Substances Act,\n\nthe dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its\n\nsalts (dextromethorphan). The terms do include the racemic and\n\nlevorotatory forms;\n\n36. “Opium poppy” means the plant of the species Papaver\n\nsomniferum L., except the seeds thereof;\n\n37. “Palliative care” means a specialized medical service for\n\npeople of any age and at any stage of a serious illness or life-\n\naltering medical event that focuses on navigating complex medical\n\ndecisions while providing patient autonomy and access to\n\ninformation. Utilizing a holistic and interdisciplinary team\n\napproach, palliative care addresses physical, intellectual,\n\nemotional, social, and spiritual needs. Palliative care may be\n\nprovided in the inpatient, outpatient, or home care setting and\n\nstrives to improve quality of life for both the patient and the\n\nfamily;\ncomplex medical\n\ndecisions while providing patient autonomy and access to\n\ninformation. Utilizing a holistic and interdisciplinary team\n\napproach, palliative care addresses physical, intellectual,\n\nemotional, social, and spiritual needs. Palliative care may be\n\nprovided in the inpatient, outpatient, or home care setting and\n\nstrives to improve quality of life for both the patient and the\n\nfamily;\n\n38. “Patient-provider agreement” means a written contract or\n\nagreement that is executed between a practitioner and a patient\n\nprior to the commencement of treatment for chronic pain using an\n\nopioid drug as a means to:\n\na. explain the possible risk of development of physical\n\nor psychological dependence in the patient and prevent\n\nthe possible development of addiction,\n\nb. document the understanding of both the practitioner\n\nand the patient regarding the patient-provider\n\nagreement of the patient,\n\nc. establish the rights of the patient in association\n\nwith treatment and the obligations of the patient in\n\nrelation to the responsible use, discontinuation of\n\nuse, and storage of opioid drugs, including any\n\nrestrictions on the refill of prescriptions or the\n\nacceptance of opioid prescriptions from practitioners,\n\nd. identify the specific medications and other modes of\n\ntreatment, including physical therapy or exercise,\n\nrelaxation, or psychological counseling, that are\n\nincluded as a part of the patient-provider agreement,\n\ne. specify the measures the practitioner may employ to\n\nmonitor the compliance of the patient including, but\n\nnot limited to, random specimen screens and pill\n\ncounts, and\n\nf. delineate the process for terminating the agreement,\n\nincluding the consequences if the practitioner has\n\nreason to believe that the patient is not complying\n\nwith the terms of the agreement. Compliance with the\n\nconsent items described in this paragraph shall\n\nconstitute a valid, informed consent for opioid\n\ntherapy. The practitioner shall be held harmless from\n\ncivil litigation for failure to treat pain if the\n\nevent occurs because of nonadherence by the patient\n\nwith any of the provisions of the patient-provider\n\nagreement;\n\n39. “Peace officer” means a police officer, sheriff, deputy\n\nsheriff, district attorney’s investigator, investigator from the\n\nOffice of the Attorney General, or any other person elected or\n\nappointed by law to enforce any of the criminal laws of this state\n\nor of the United States;\n\n40. “Person” means an individual, corporation, government or\n\ngovernmental subdivision or agency, business trust, estate, trust,\n\npartnership or association, or any other legal entity;\n\n41. “Poppy straw” means all parts, except the seeds, of the\n\nopium poppy, after mowing;\n\n42. “Practitioner” means:\n\na. (1) a medical doctor or osteopathic physician,\n\n(2) a dentist,\n\n(3) a podiatrist,\n\n(4) an optometrist,\n\n(5) a veterinarian,\n\n(6) an Advanced Practice Registered Nurse under the\n\nsupervision of a licensed medical doctor or\n\nosteopathic physician, or a physician assistant,\n\n(7) a scientific investigator, or\nll parts, except the seeds, of the\n\nopium poppy, after mowing;\n\n42. “Practitioner” means:\n\na. (1) a medical doctor or osteopathic physician,\n\n(2) a dentist,\n\n(3) a podiatrist,\n\n(4) an optometrist,\n\n(5) a veterinarian,\n\n(6) an Advanced Practice Registered Nurse under the\n\nsupervision of a licensed medical doctor or\n\nosteopathic physician, or a physician assistant,\n\n(7) a scientific investigator, or\n\n(8) any other person,\n\nlicensed, registered or otherwise permitted to\n\nprescribe, distribute, dispense, conduct research with\n\nrespect to, use for scientific purposes or administer\n\na controlled dangerous substance in the course of\n\nprofessional practice or research in this state, or\n\nb. a pharmacy, hospital, laboratory or other institution\n\nlicensed, registered or otherwise permitted to\n\ndistribute, dispense, conduct research with respect\n\nto, use for scientific purposes or administer a\n\ncontrolled dangerous substance in the course of\n\nprofessional practice or research in this state;\n\n43. “Production” includes the manufacture, planting,\n\ncultivation, growing or harvesting of a controlled dangerous\n\nsubstance;\n\n44. “Serious illness” means a medical illness or physical\n\ninjury or condition that substantially affects quality of life for\n\nmore than a short period of time. Serious illness includes, but is\n\nnot limited to, Alzheimer’s disease or related dementias, lung\n\ndisease, cancer, heart failure, renal failure, liver failure, or\n\nchronic, unremitting, or intractable pain such as neuropathic pain;\n\n45. “State” means the State of Oklahoma or any other state of\n\nthe United States;\n\n46. “Straw person” or “straw party”, also known as a “front”,\n\nmeans a third party who:\n\na. is put up in name only to take part in a transaction\n\nor otherwise is a nominal party to a transaction with\n\nno actual control,\n\nb. acts on behalf of another person to obtain title to\n\nproperty and executes documents and instruments the\n\nprincipal may direct respecting property, or\n\nc. purchases property for another for the purpose of\n\nconcealing the identity of the real purchaser or to\n\naccomplish some purpose otherwise in violation of the\n\nOklahoma Statutes;\n\n47. “Surgical procedure” means a procedure that is performed\n\nfor the purpose of structurally altering the human body by incision\n\nor destruction of tissues as part of the practice of medicine. This\n\nterm includes the diagnostic or therapeutic treatment of conditions\n\nor disease processes by use of instruments such as lasers,\n\nultrasound, ionizing, radiation, scalpels, probes, or needles that\n\ncause localized alteration or transportation of live human tissue by\n\ncutting, burning, vaporizing, freezing, suturing, probing, or\n\nmanipulating by closed reduction for major dislocations or\n\nfractures, or otherwise altering by any mechanical, thermal, light-\n\nbased, electromagnetic, or chemical means;\n\n48. a. “Synthetic controlled substance” means a substance:\n\n(1) the chemical structure of which is substantially\n\nsimilar to the chemical structure of a controlled\n\ndangerous substance in Schedule I or II,\n\n(2) which has a stimulant, depressant, or\n\nhallucinogenic effect on the central nervous\n\nsystem that is substantially similar to or\n\ngreater than the stimulant, depressant, or\n\nhallucinogenic effect on the central nervous\n\nsystem of a controlled dangerous substance in\n\nSchedule I or II, or\nd\n\ndangerous substance in Schedule I or II,\n\n(2) which has a stimulant, depressant, or\n\nhallucinogenic effect on the central nervous\n\nsystem that is substantially similar to or\n\ngreater than the stimulant, depressant, or\n\nhallucinogenic effect on the central nervous\n\nsystem of a controlled dangerous substance in\n\nSchedule I or II, or\n\n(3) with respect to a particular person, which such\n\nperson represents or intends to have a stimulant,\n\ndepressant, or hallucinogenic effect on the\n\ncentral nervous system that is substantially\n\nsimilar to or greater than the stimulant,\n\ndepressant, or hallucinogenic effect on the\n\ncentral nervous system of a controlled dangerous\n\nsubstance in Schedule I or II.\n\nb. The designation of gamma-butyrolactone or any other\n\nchemical as a precursor, pursuant to Section 2-322 of\n\nthis title, does not preclude a finding pursuant to\n\nsubparagraph a of this paragraph that the chemical is\n\na synthetic controlled substance.\n\nc. Synthetic controlled substance does not include:\n\n(1) a controlled dangerous substance,\n\n(2) any substance for which there is an approved new\n\ndrug application,\n\n(3) with respect to a particular person any\n\nsubstance, if an exemption is in effect for\n\ninvestigational use, for that person under the\n\nprovisions of Section 505 of the Federal Food,\n\nDrug, and Cosmetic Act, 21 U.S.C., Section 355,\n\nto the extent conduct with respect to such\n\nsubstance is pursuant to such exemption, or\n\n(4) any substance to the extent not intended for\n\nhuman consumption before such an exemption takes\n\neffect with respect to that substance.\n\nd. Prima facie evidence that a substance containing\n\nsalvia divinorum has been enhanced, concentrated, or\n\nchemically or physically altered shall give rise to a\n\nrebuttable presumption that the substance is a\n\nsynthetic controlled substance;\n\n49. “Tetrahydrocannabinols” means all substances that have been\n\nchemically synthesized to emulate the tetrahydrocannabinols of\n\nmarijuana, specifically including any tetrahydrocannabinols derived\n\nfrom industrial hemp; and\n\n50. “Ultimate user” means a person who lawfully possesses a\n\ncontrolled dangerous substance for the person’s own use or for the\n\nuse of a member of the person’s household or for administration to\n\nan animal owned by the person or by a member of the person’s\n\nhousehold.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"72e568d245858bc8d97a91d2cb347333f514985ae6a0994002aad2bd85f6d378","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-1003","next":"us-ok/okla.-stat.-tit.-63-63-2-101.1"},"notice":"GroundRules: Original legal text. Not legal advice."}