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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3439 By: Kerbs
COMMITTEE SUBSTITUTE
An Act relating to industrial hemp; amending 2 O.S.
2021, Sections 3-402, 3-403, and 3-408, which relate
to the Oklahoma Industrial Hemp Program; modifying
definitions; allowing licensee to remediate
noncompliant industrial hemp; providing guidelines
for location of remediation testing and time frame;
providing that licensee may sell industrial hemp
grain and other industrial hemp derivatives;
providing that the Oklahoma Conservation Commission
shall have jurisdiction over the creation and
verification of carbon credits from the Oklahoma
Industrial Hemp Program; providing that the
Commission shall develop rules to implement the pilot
carbon credit verification and trading program
specific to Oklahoma industrial hemp; providing that
for certain delta-9 tetrahydrocannabinol
concentrations testin g levels the licensee shall not
be subject to any penalty if the crop is destroyed or
remediated; amending 63 O.S. 2021, Section 2-101,
which relates to the Uniform Controlled Dangerous
Substances Act; modifying the definition of
tetrahydrocannabinols to i nclude industrial hemp; and
declaring an emergenc y.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 3 -402, is
amended to read as follows:
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Section 3-402. As used in the Oklahom a Industrial Hemp Program:
1. "Department" means the Oklahoma Department of Agriculture,
Food, and Forestry;
2. "Fiber" means the stalk of the industrial hemp plant and
does not include the flower or seeds of the plant;
3. "Flower" means the part of the industrial hemp plant that
contains the majority of the industrial hemp plant's
tetrahydrocannabinol and other cannabinoids ;
4. "Grain" means all of the parts of an industrial hemp plant
except the stalk or the flower of the industrial hemp plant;
5. "Handling" means possessing or storing indus trial hemp for
any period of time on premises owned, operated or controlled by a
person licensed to cultivate or process industrial hemp and al so
includes possessing or storing industrial hemp in a vehicle for any
period of time other than during its actua l transport from the
premises of a licensed person to cultivat e or process industrial
hemp to the premises of another licensed person;
3. 6. "Industrial hemp" means the plant Cannabis sativa L. and
any part of the plant, including the seeds thereof, and a ll
derivatives, extracts, cannabinoids, isomers, acids, salts and salts
of isomers, whether growing or not, with a delta -9
tetrahydrocannabinol concentration of not more than three -tenths of
one percent (0.3%) on a dry-weight basis;
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4. 7. "Licensee" means a person who holds a valid Industrial
Hemp License to grow industrial hemp under the Oklahoma Industrial
Hemp Program. A licensee shall have the ability to remediate
noncompliant industrial hemp with a delta-9 tetrahydrocannabinol
concentration of not mo re than one percent (1.0%) on a dry-weight
basis for retesting as set forth by the Department as long as the
noncompliant industrial hemp has a delta-9 tetrahydrocannabinol
concentration of not more than thre e-tenths of one percent (0.3%) on
a dry-weight basis after retesting, and the option to remediate the
industrial hemp through the reasonable destruction of the flower or
shredding of the entire lot into a homogeneous biomass results in
the remediation of any par t of the industrial hemp plant that is
above three-tenths of one percent (0.3%) on a dry-weight basis. All
noncompliant hemp must be tracked and documented. The State Board
of Agriculture shall have jurisdiction over said remediation, which
includes, but is not limited to, destruction through comp osting,
burning, or other regulated disposal methods if the industrial hemp
is not remediated into a final product before processing below
three-tenths of one percent (0.3%) on a dry -weight basis;
5. 8. "License" means authorization by the Department for any
person to grow and cultivate industrial hemp on a registered la nd
area as part of the Oklahoma Industrial Hemp Program; and
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6. 9. "Processing" means converting industrial hemp into a
marketable form, includi ng the production of all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of isomers.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 3 -403, is
amended to read as follows:
Section 3-403. A. 1. A licensee is authorized to engage in
the growth, cultivation , handling or processing of industrial hemp
and may remediate noncompliant industrial hemp with a delta-9
tetrahydrocannabinol concentration of not mo re than one percent
(1.0%) on a dry-weight basis and prepare for retesting as set forth
by the Department as long as the noncompliant industrial hemp has a
delta-9 tetrahydrocannabinol concentration of not more than three -
tenths of one percent (0.3%) on a dry-weight basis after re testing,
or all or part of the product is disposed of in the process of
remediation so that only a compliant product (with a delta-9
tetrahydrocannabinol concentration of not more than three -tenths of
one percent (0.3%) on a dry -weight basis) is left, or all disposable
waste is destroyed follow ing a remediation process.
2. A remediation facility shall be an option of the remediation
process. The licensee may remediate any non compliant industrial
hemp at its own facilities, affiliated facilities, or third -party
facilities as long as these facil ities are licensed and approved by
the State Board of Agriculture as a remediation facility. The State
Board of Agriculture shall be notified before any non compliant
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industrial hemp is transported to a remediation facility. Retesting
of any noncompliant industrial hemp shall be done within sixty (60)
days post-harvest. Within seven (7) days of receiving notice of a
measured tetrahydrocannabinol concentration that exceeds the
acceptable hemp tetrahydrocannabinol level but is less than one
percent (1.0%), the licensed grower shall consent to the destruction
of all cannabis from that lot, or he or she may request remediation
and a post-harvest retest in a homogenized form in accordance with
the procedures established by the State Board of Agriculture. A
measured tetrahydrocannabinol concentration that exceeds one percent
(1.0%) shall require the licensed grower to properly dispose of al l
cannabis from that lot. The retest fee shall be paid in an amount
established by the State Board of Agriculture. Samples with a
measured tetrahydrocannabinol concentration of one percent (1.0%) or
greater shall not be eligible for a post -harvest retest or
remediation and shall be destroye d.
3. Licensees are allowed to sell industrial hemp grain and
other industrial hemp derivatives that are either g rown or processed
in the State of Oklahoma, that do not include the flower, for the
purpose of livestock feed and other animal consumption in the State
of Oklahoma.
4. The Oklahoma Conservation Commission shall have jurisdiction
over the creation and verif ication of carbon credits from the
Oklahoma Industrial Hemp Program. The Oklahoma Conservation
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Commission shall develop rules to implement a pilot carbon credit
verification and trading program specific to Oklahoma industrial
hemp, and the Oklahoma Conser vation Commission shall have the
authority and jurisdiction to approve and recognize o ther voluntary
programs for verification of carbon credits. These rules shall be
in place within sixty (60) days of the effective date of thi s act.
B. The activities pe rformed under the Oklahoma Industrial Hemp
Program shall not subject the persons part icipating in the program
to criminal liability under the Uniform Controlled Dangerous
Substances Act. The exemption from criminal liability pr ovided for
in this subsection is a limited exemption that shall be strictly
construed and shall not apply to an a ctivity that is not expressly
permitted under the Okl ahoma Industrial Hemp Program.
SECTION 3. AMENDATORY 2 O.S. 2021 , Section 3-408, is
amended to read as follows:
Section 3-408. A. The Department may deny, revoke or suspend a
license if the licensee:
1. Violates any provision of the Oklahoma Industrial Hemp
Program or rules adopted pursuant to the program;
2. Engages in fraud or deception in the procurement of or
attempt to procure a license under this the Oklahoma Industrial Hem p
Program or provides false information on a license a pplication;
3. Refuses or fails to cooperate and assist the Department with
the inspection process;
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4. Refuses or fails to provide any information required or
requested by the Department for purposes of the Oklahoma Industrial
Hemp Program;
5. Knowingly provides false, misleading or incorrect
information pertaining to the licensee's cul tivation, handling or
processing of industrial hemp to the Department by any means,
including information provided in any application form, report,
record or inspection re quired or maintained for purposes of the
Oklahoma Industrial Hemp Program;
6. Fails to submit any report require d by the Oklahoma
Industrial Hemp Program; or
7. Fails to pay fees required by the Oklah oma Industrial Hemp
Program.
B. 1. A licensee that negligently violates the provisions of
the Oklahoma Industrial Hemp Program shall not be subject to a
criminal enforcement action If a sample of a licensee's industrial
hemp tests higher than three -tenths of one percent (0.3%) but less
than one percent (1.0%) on a dry-weight basis for delta-9
tetrahydrocannabinol concentration, the licensee shall not be
subject to any penalty under the Oklahoma Industrial Hemp Program if
the crop is destroyed or remediated.
2. A licensee that neg ligently violates the provisions of the
Oklahoma Industrial Hemp Program three times in any five -year period
shall be ineligible to obtain a license pursuant to the Oklahoma
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Industrial Hemp Program for a period of five (5) years beginning on
the date of the third violation.
C. Any person convicted of a felon y relating to a controlled
substance under state or federal law shall be ineligible dur ing the
ten-year period following the date of conviction to participate in
this program.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 2 -101, is
amended to read as follows:
Section 2-101. As used in the Uniform Controlled Dangerous
Substances Act:
1. "Administer" means the direct application of a controlled
dangerous substance, whether by inje ction, inhalation, ingestion or
any other means, to the body of a patient, animal or research
subject by:
a. a practitioner (or, in the prese nce 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 o n
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, distrib utes,
dispenses, prescribes, administers or uses for scien tific purposes
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controlled dangerous substances but does not include a common or
contract carrier, public warehouser or employee thereof, or a p erson
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 Na rcotics and
Dangerous Drugs Control;
5. "Coca leaves" includes cocaine and any compound,
manufacture, salt, deri vative, mixture or preparati on of coca
leaves, except derivatives of coca leaves which do not contain
cocaine or ecgonine;
6. "Commissioner" o r "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 or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedu le in which a
substance is listed shall be resolved in favor of state law;
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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 mar ks, 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 or drug paraphernalia, whether or not there is
an agency relationshi p;
11. "Dispense" means to deliver a controlled danger ous
substance to an ultimate user or human research subjec t by or
pursuant to the lawf ul 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 dangerou s
substance to an ultimate u ser or human research subject;
12. "Distribute" means to deliver other than by administering
or dispensing a contr olled dangerous substance;
13. "Distributor" means a c ommercial entity engaged in the
distribution or reverse di stribution of narcotics and dangerous
drugs and who complies with all regulations promulgated by the
federal Drug Enforcement Administration an d the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control;
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14. "Drug" means articles:
a. recognized in the official United States Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any
supplement to any of them,
b. intended for use in the diagn osis, 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 n ot include devices or their
components, parts or accessories;
15. "Drug-dependent person" means a person who is using a
controlled dangerous s ubstance 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 th e
discomfort of its absence;
16. "Home care agency" means any sole proprietorship,
partnership, association, corporation, or other organizatio n which
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administers, offers, or provides home care serv ices, for a fee or
pursuant to a contract for such service s, 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 central ly administered, nonprofit or for -
profit, medically direct ed, nurse-coordinated program which provides
a continuum of home and inpatient care for the terminally ill
patient and the patient's family. S uch term shall also include a
centrally administered, n onprofit or for-profit, medically directed,
nurse-coordinated program if such program is licensed pursuant to
the provisions of the Uniform Controlled Dangerous Substances Act.
A hospice program offer s palliative and supportive care to meet the
special needs arising out of the physical, emotional and spiritual
stresses which are experience d 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" H ospice
refers to Medicare-certified hospices. "Class B" refers to all
other providers of hospice services;
19. "Imitation controlled substanc e" means a substance that is
not a controlled dangerous substance, which by dosage unit
appearance, color, shape, size, markings or by repres entations made,
would lead a reasonable person to believe that the substance is a
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controlled dangerous substance. In the event the appearance of the
dosage unit is not r easonably sufficient to establish that the
substance is an "imitation controlled subst ance", the court or
authority concerned should consider, in addition to all other
factors, the following factors as related to "representations made"
in determining wheth er the substance is an "imitation controlled
substance":
a. statements made by an owne r 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 ow ner, 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;
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20. "Immediate precursor" means a substance which the Direc tor
has found to be and by r egulation 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 us ed, 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 Directo r as
proper to be entrusted with the custody of control led dangerous
substances and the use of controlled dangero us substances for
scientific and medical purposes and for purposes of instruction;
22. "Manufacture" means the production, preparation,
propagation, compounding or processing of a controlled danger ous
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 pac kages,
repackages or labels any container of any controlle d dangerous
substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate consumer;
23. "Marijuana" 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:
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a. the mature stalks of such plant o r fiber produced from
such stalks,
b. oil or cake made fro m the seeds of such plant,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, deriv ative,
mixture or preparation of such mature stalks (ex cept
the resin extracted therefrom), including cannabidiol
derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a clinical trial to
administer cannabidiol for the treatment of severe
forms of epilepsy pursuant to Section 2-802 of this
title, a drug or substance approved by the federal
Food and Drug Administration for use by those
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in t his state
that the person has been diagnosed by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, als o
known as severe myoclonic epilepsy of infancy, or any
other severe form of epilepsy that is not adequately
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treated by traditional medical t herapies, spasticity
due to multiple sclerosis or due to paraplegia,
intractable nausea and vomiting, appetite stim ulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
of not more than three -tenths of one percent (0.3%)
and that is delivered to the patient in the form of a
liquid,
g. any federal Food-and-Drug-Administration-approved drug
or substance, or
h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, wi th a
delta-9 tetrahydrocannabinol concentration of not more
than three-tenths of one percent (0.3%) on a dr y-
weight basis which shall only be grown pursuant to the
Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate;
24. "Medical purpose" means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
diagnosis, or for the preventi on 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;
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25. "Mid-level practitioner" means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
animal euthanasia technician as defined in Section 698.2 of Title 59
of the Oklahoma Statutes, or an animal control officer regis tered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2 -301 of this title within the
parameters of such officer's duties under Sections 501 throug h 508
of Title 4 of the Oklahoma Statutes;
26. "Narcotic drug" means any of the follo wing, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently b y means of chemical synthesis,
or by a combination of e xtraction and chemical synthesis:
a. opium, coca leaves an d opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geo metric isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, an d
e. a substance, and any co mpound, manufacture, salt,
derivative or preparation thereof, which is chemically
identical with any of the substan ces referred to in
subparagraphs a through d of this pa ragraph, except
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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 cocain e or ecgonine;
27. "Opiate" or "opioid" means any Sche dule II, III, IV or V
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. The terms do not include, unless specifically designated
as controlled under the Uniform Co ntrolled Dangerous Substance s Act,
the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
salts (dextromethorphan). The terms do in clude the 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, investigato r 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;
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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 physicia n,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under the supervision of a
licensed medical doctor or osteopathic physician,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise perm itted to
prescribe, distribute, dispense, conduct research with
respect to, use for sc ientific 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 per mitted 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 thi s state;
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33. "Production" includes the manufacture, plant ing,
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 t he person's own use or for t he
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" me ans all equipment, products and
materials of any kind whic h are used, intended for use , or fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, comp ounding, 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 o f the Uniform Controlled Dangerous
Substances Act inclu ding, but not limited to:
a. kits used, intended for use, or fashioned specifically
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,
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b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing or preparing controlled
dangerous substances ,
c. isomerization devices used, intended for use, or
fashioned specifically for use in increasing the
potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying, or in analyzing
the strength, effectiv eness or purity of controlled
dangerous substances,
e. scales and balances used, inten ded for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine
hydrochloride, manni tol, mannite, dextrose and
lactose, used, intended for use , or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
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h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashioned specifically for
use in compounding controlled dange rous substances,
i. capsules, balloons, envelopes and o ther containers
used, intended for use, or fashioned speci fically for
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles a nd other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dan gerous substances
into the human body,
l. objects used, intended for use, or fashioned
specifically for use in in gesting, inhaling or
otherwise introducing marijuana, 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 me tal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
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(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana 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,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term "dr ug paraphernalia" shall not include
separation gins intended for use in preparing tea or spice, clamps
used for constructing electrical equipme nt, water pipes designed for
ornamentation in which no detectable amount of an illegal substance
is found or pipes designed and used solely f or smoking tobacco,
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traditional pipes of an American Indian tribal religious ceremony,
or antique pipes that are th irty (30) years of age or older;
37. a. "Synthetic controlled substance" means a substance:
(1) the chemical structure of which is substantia lly
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the cent ral nervous
system that is substantially similar to or
greater than the stimulant, dep ressant or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic e ffect on the
central nervous system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
b. The designation of gamma buty rolactone or any other
chemical as a precursor, pursuant to Section 2-322 of
this title, does not preclude a findin g pursuant to
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subparagraph a of this paragraph that the chemical is
a synthetic controlled substance.
c. "Synthetic controlled substance" doe s not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that person under t he
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
with respect to such subst ance is pursuant to
such exemption, or
(4) any substance to the extent not intended fo r
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence t hat a substance containing
salvia divinorum has been en hanced, concentrated or
chemically or physically altered s hall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
38. "Tetrahydrocannabinols" means all subst ances that have been
chemically synthesized to emulate the tetrahydrocannabinols of
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marijuana, specifically including any tetrahydrocannabinols derived
from industrial hemp;
39. "Isomer" means the optical isomer, except as used in
subsections C and F of S ection 2-204 of this title and paragraph 4
of subsection A of Section 2-206 of this title. As used in
subsections C and F 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;
40. "Hazardous materials " means materials, whether s olid,
liquid or gas, which are toxic to human, animal, aquatic or plant
life, and the disposal of which materials i s controlled by state or
federal guidelines;
41. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and te sts positive for ammonia;
42. "Acute pain" means pain, whether resulting from disease,
accidental or intentional t rauma or other cause, that the
practitioner reasonably expects to last only a short period of time.
"Acute pain" does not include chronic pa in, pain being treated as
part of cancer care, hospice or other end-of-life care, or pain
being treated as part of palliative care;
43. "Chronic pain" means pain that pe rsists beyond the usual
course of an acute disease or heal ing of an injury. "Chronic pain"
may or may not be associated with an acute or chronic pathologic
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process that causes continuous or intermitte nt pain over months or
years;
44. "Initial prescriptio n" means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent in the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgica l procedure
or new acute event and has previously had a
prescription for the drug or i ts pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, th e
practitioner shall consult with the patient and review t he medical
record and prescription monitoring information of the patient;
45. "Patient-provider agreement" means a written contract or
agreement that is executed between a practitioner and a patien t,
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physical
or psychological dependence in the patient and pre vent
the possible development of addiction,
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b. document the understanding of both the practitioner
and the patient regarding the patient-provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the obligat ions of the patient in
relation to the responsible use, discontinuation of
use, and storage of opioid drugs, incl uding any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
d. identify the specific me dications and other modes of
treatment, including physi cal therapy or exercise,
relaxation or psychological couns eling, that are
included as a part of the patient-provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient including, but
not limited to, rand om specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
reason to believe that the patient is not complying
with the terms of the agreement. Compliance with the
"consent items" shall constitute a valid, informed
consent for opioid therapy. The prac titioner shall be
held harmless from civil litigation for failure to
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treat pain if the event occurs because of nona dherence
by the patient with any of the provisions of t he
patient-provider agreement;
46. "Serious illness" mean s a medical illness or physi cal
injury or condition that substantially affects quality of life for
more than a short period of time. "Serious illness" includes, but
is not limited to, Alzheimer's d isease or related dementias, lung
disease, cancer, heart f ailure, renal failure, liver failure or
chronic, unremitting or intractable pain such as neuropathic pain;
and
47. "Surgical procedure" means a procedure that is performed
for the purpose of struct urally altering the human body by incision
or destruction of tissues as part of the pr actice of medicine. This
term includes the diagnostic or therapeutic treatment of conditions
or disease processes by use of instruments such as lasers,
ultrasound, ionizing, radiation, scalpels, probes or needles that
cause localized alteration or transpo rtation of live human tissue by
cutting, burning, vaporizing, freezing, suturing, probing or
manipulating by closed reduction for major dislocations or
fractures, or otherwise altering by any mechanical, thermal, light -
based, electromagnetic or chemical me ans.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by r eason whereof this act shall take effect and
be in full force from and after its passa ge and approval.
58-2-10880 JL 03/02/22