DRUG OFFENSES - DEFINITIONS
Cultivating - Note: See Committee Comments at OUJI-CR 6-9.
Dispensing - Delivering a controlled dangerous substance to an ultimate user or human research subject by or pursuant to the lawful order of a practitioner.
Reference: 63 O.S. 2001, § 2-101(11).
Distribute - "Distribute" means to deliver other than by administering or dispensing a controlled dangerous substance.
Reference: 63 O.S. 2001, § 2-101(12).
Drug Paraphernalia - Any kind of equipment, products, or materials that are used/(intended for use) in planting/propagating/cultivating/growing/harve sting/ manufacturing/compounding/converting/producing/ processing/preparing/testing/ analyzing/packaging/repackaging/storing/contain ing/concealing/injecting/ ingesting/inhaling/(introducing into the body) a controlled dangerous substance. It includes, but is not limited to [Specify Applicable Item Listed in 63 O.S. 2001, § 2-101(36)]. [However, drug paraphernialia does not include (Specify Applicable Item Listed at the End of 63 O.S. 2001, § 2-101(36)).]
Reference: 63 O.S. 2001, § 2-101(36). Note -- The last bracketed sentence should be given only when applicable.
Endeavoring - Endeavoring means any effort to do or accomplish the evil purpose that the law was enacted to prevent.
References: United States v. Russell, 255 U.S. 138, 143 (1921); United States v. Ogle, 613 F.2d 233, 241-42 (10th Cir. 1979).
Knowing - Being aware of the existence of facts that cause the act or omission to be criminal in nature. A person need not be aware of the applicable law to do an act "knowingly," but only needs to be aware of the applicable facts.
Reference: 21 O.S. 2001, § 96.
Manufacturing - Production, preparation, propagation, compounding, or processing a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis; or a combination of extraction and chemical synthesis.
Reference: 63 O.S. 2001, § 2-101(19).
Possession - Actual physical custody, or knowledge of the substance's presence, as well as power and intent to control its use or disposition.
References: Miller v. State, 579 P.2d 200 (Okl. Cr. 1978); Staples v. State, 528 P.2d 1131 (Okl. Cr. 1974). See also OUJI-CR 6-11, supra.
Willfully - Purposefully. Willfully does not require any intent to violate the law, or to injure another or to acquire any advantage.
Reference: 21 O.S. 2001, § 92.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
Email our webmaster with any of your comments or suggestions.