DRUG OFFENSES - MARIJUANA DEFINED
The controlled dangerous substance of marijuana includes 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.
The substance "Cannabis Sativa L." includes all forms, varieties, and species of the plant genus "cannabis".
Statutory Authority: 63 O.S. Supp. 2000, § 2-101(23).
This instruction conforms to the suggestions articulated by the Court of Criminal Appeals in several cases. Goodner v. State, 1976 OK CR 29, 546 P.2d 653; Winters v. State, 1976 OK CR 4, 545 P.2d 786. In both cases, the defendants argued that the State had failed to sustain its burden of proof in charging offenses concerning marijuana, because the expert witnesses at trial established only that tetrahydrocannibinol (THC) was identified in the substance within the defendant's possession, and that the substance was cannabis, without specifically identifying the substance in the statutory terms of "cannabis sativa." The court rejected this argument, and declared that, so long as the State establishes that the substance in question is a proscribed portion of the plant cannabis, and further establishes that the substance tests positive for the presence of THC, the State's evidence is sufficient to sustain its burden of proof.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
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