1.
It shall be unlawful for any person to possess 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.
2.
As used in this section the term "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.
1.
It shall be unlawful for any person to possess, sell, distribute
or for any person to inhale or ingest, any compound, liquid, or chemical
commonly known as "locker room" or "rush" which contains alkyl nitrites
(isopropyl) nitrite, Butyl nitrites (consisting mainly of isobutyl
nitrites and/or any of its isomer or analog,) or any similar compound,
liquid or chemical for the purpose of inducing condition of intoxication
or of distortion or disturbance of the auditory, visual, or mental
processes.
2.
Exceptions.
a.
The provisions of paragraph 1 shall not apply to the possession and
use of the substances listed as part of the care or treatment of a
disease, condition, or injury by a licensed physician or pursuant
to a prescription of a licensed physician.
b.
The provisions of paragraph 1 shall not apply to the possession as
part of a known manufacturing process or industrial operation.
1.
DRUG PARAPHERNALIA – Shall mean all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, 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 of the Oklahoma Uniform Controlled Dangerous Substance Act, Title 63, Oklahoma Statutes 1991, Section 2-101 et seq. It includes but is not limited to:
a.
Kits used or intended 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.
b.
Kits used or intended for use in manufacturing, compounding, converting,
producing, processing or preparing controlled dangerous substances;
isomerization devices used or intended for use in increasing the potency
of any species of plant which is a controlled dangerous substance.
c.
Testing equipment used or intended for use in identifying, or in
analyzing the strength, effectiveness or purity of controlled dangerous
substances; scales and balances used or intended for use in weighing
or measuring controlled dangerous substances.
d.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used or intended for use in cutting
controlled dangerous substances.
e.
Separation gins and sifters used or intended for use in removing
twigs and seeds from, or in otherwise cleaning or refining, marijuana.
f.
Blenders, bowls, containers, spoons and mixing devices used or intended
for use in compounding controlled dangerous substances.
g.
Capsules, balloons, envelopes and other containers used or intended
for use in packaging small quantities of controlled dangerous substances.
h.
Containers and other objects used or intended for use in parenterally
injecting controlled dangerous substances into the human body.
i.
Hypodermic syringes, needles and other objects used or intended for
use in parenterally injecting controlled dangerous substances into
the human body.
j.
Objects used or intended for use in ingesting, 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
metal bowls.
(2)
Water pipes.
(3)
Carburetion tubes and devices.
(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.
(13)
Ice pipes or chillers.
2.
Drug paraphernalia - factors used in determination:
In determining whether an object is "drug paraphernalia," consider,
in addition to all other logically relevant factors, the following:
a.
Statements by an owner or by anyone in control of the object concerning
its use.
b.
The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act. (Title 63, O.S., Section 2-101 et seq.)
c.
The proximity of the object to controlled dangerous substances.
d.
The existence of any residue of controlled dangerous substances on
the object.
e.
Instruction, oral or written, provided with the object which either
state directly or imply that the object is to be used for the consumption
of controlled substances.
f.
Descriptive materials accompanying the object which explain or depict
its use as an object for the consumption of controlled substances.
g.
The manner in which the object is displayed for sale.
h.
Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community such as a licensed
distributor or dealer of tobacco products.
i.
The existence and scope of legitimate uses for the object in the
community.
3.
It shall be unlawful for any person to 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 in violation of the Uniform Controlled Dangerous Substances Act, (Title 63, 1991 O.S., Section 2-101 et seq.) except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.
4.
It shall be unlawful for any person to deliver, possess or manufacture drug paraphernalia knowing 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 in violation of the Uniform Controlled Dangerous Substances Act. (Title 63, 1991 O.S., Section 2-101 et seq.)
5.
It shall be unlawful for any person to operate a business within
the limits of the city, known as, or commonly referred to as, a "head
shop," which place of business is patronized and frequented by narcotic
drug addicts and whose merchandise is those items described in paragraph
1 of this section.
