1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3567 By: Manger
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6 AS INTRODUCED
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7 An Act relating to controlled dangerous drugs;
7 amending 63 O.S. 2021, Sections 2-101, as last
8 amended by Section 1, Chapter 375, O.S.L. 2023, 2-
8 305, as amended by Section 2, Chapter 176, O.S.L.
9 2023, 2-309, as amended by Section 2, Chapter 304,
9 O.S.L. 2023 and 2-406, as amended by Section 2,
10 Chapter 235, O.S.L. 2023 (63 O.S. Supp. 2023,
10 Sections 2-101, 2-305, 2-309 and 2-406), which relate
11 to the Uniform Controlled Dangerous Substances Act;
11 adding and alphabetizing definitions; providing
12 exception to written order requirement; deeming
12 written order as final under certain circumstances;
13 directing registrants subject to administrative
13 action to maintain registration; authorizing the
14 utilization of electronic prescriptions under certain
14 circumstances; requiring practitioners to purchase
15 official prescription forms; providing restrictions
15 on use of official prescription forms; modifying
16 scope of certain prohibited act; repealing
16 63 O.S. 2021, Sections 2-101, as last amended by
17 Section 10, Chapter 91, O.S.L. 2019, Section 1,
17 Chapter 235, O.S.L. 2023, Section 1, Chapter 304,
18 O.S.L. 2023, 2-305, as last amended by Section 4,
18 Chapter 375, O.S.L. 2023, 2-309 as last amended by
19 Section 1, Chapter 333, O.S.L. 2021 and 2-406, as
19 last amended by Section 7, Chapter 375, O.S.L. 2023
20 (63 O.S. Supp. 2023, Sections 2-101, 2-305, 2-309 and
20 2-406), which relate to the Uniform Controlled
21 Dangerous Substance Act; and providing an effective
21 date.
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Req. No. 8538 Page 1
 1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as
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3 last amended by Section 1, Chapter 375, O.S.L. 2023 (63 O.S. Supp.
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4 2023, Section 2-101), is amended to read as follows:
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5 Section 2-101. As used in the Uniform Controlled Dangerous
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6 Substances Act:
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7 1. "Acute pain" means pain, whether resulting from disease,
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8 accidental or intentional trauma or other cause, that the
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9 practitioner reasonably expects to last only a short period of time.
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10 Acute pain does not include chronic pain, pain being treated as part
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11 of cancer care, hospice or other end-of-life care, or pain being
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12 treated as part of palliative care;
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13 2. "Administer" means the direct application of a controlled
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14 dangerous substance, whether by injection, inhalation, ingestion or
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15 any other means, to the body of a patient, animal or research
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16 subject by:
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17 a. a practitioner (or, in the presence of the
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18 practitioner, by the authorized agent of the
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19 practitioner), or
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20 b. the patient or research subject at the direction and
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21 in the presence of the practitioner;
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22 2. 3. "Agent" means a peace officer appointed by and who acts
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23 on behalf of the Director of the Oklahoma State Bureau of Narcotics
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24 and Dangerous Drugs Control or an authorized person who acts on
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 1 behalf of or at the direction of a person who manufactures,
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2 distributes, dispenses, prescribes, administers or uses for
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3 scientific purposes controlled dangerous substances but does not
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4 include a common or contract carrier, public warehouser or employee
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5 thereof, or a person required to register under the Uniform
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6 Controlled Dangerous Substances Act;
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7 4. "Anhydrous ammonia" means any substance that exhibits
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8 cryogenic evaporative behavior and tests positive for ammonia;
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9 5. "Beneficial owner" means the natural person or natural
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10 persons who ultimately own or control a legal entity, as well as the
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11 natural person or natural persons on whose behalf a business is
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12 conducted including those natural persons who exercise ultimate
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13 effective control over a legal entity or arrangement;
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14 3. 6. "Board" means the Advisory Board to the Director of the
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15 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
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16 4. 7. "Bureau" means the Oklahoma State Bureau of Narcotics and
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17 Dangerous Drugs Control;
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18 8. "Chronic pain" means pain that persists beyond the usual
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19 course of an acute disease or healing of an injury. Chronic pain
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20 may or may not be associated with an acute or chronic pathologic
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21 process that causes continuous or intermittent pain over months or
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22 years;
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23 5. 9. "Coca leaves" includes cocaine and any compound,
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24 manufacture, salt, derivative, mixture or preparation of coca
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 1 leaves, except derivatives of coca leaves which do not contain
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2 cocaine or ecgonine;
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3 6. 10. "Commissioner" or "Director" means the Director of the
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4 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
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5 7. 11. "Control" means to add, remove or change the placement
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6 of a drug, substance or immediate precursor under the Uniform
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7 Controlled Dangerous Substances Act;
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8 8. 12. "Controlled dangerous substance" means a drug, substance
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9 or immediate precursor in Schedules I through V of the Uniform
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10 Controlled Dangerous Substances Act or any drug, substance or
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11 immediate precursor listed either temporarily or permanently as a
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12 federally controlled substance. Any conflict between state and
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13 federal law with regard to the particular schedule in which a
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14 substance is listed shall be resolved in favor of state law;
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15 9. 13. "Counterfeit substance" means a controlled substance
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16 which, or the container or labeling of which without authorization,
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17 bears the trademark, trade name or other identifying marks, imprint,
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18 number or device or any likeness thereof of a manufacturer,
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19 distributor or dispenser other than the person who in fact
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20 manufactured, distributed or dispensed the substance;
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21 10. 14. "Deliver" or "delivery" means the actual, constructive
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22 or attempted transfer from one person to another of a controlled
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23 dangerous substance or drug paraphernalia, whether or not there is
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24 an agency relationship;
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 1 11. 15. "Dispense" means to deliver a controlled dangerous
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2 substance to an ultimate user or human research subject by or
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3 pursuant to the lawful order of a practitioner, including the
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4 prescribing, administering, packaging, labeling or compounding
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5 necessary to prepare the substance for such distribution.
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6 "Dispenser" is a practitioner who delivers a controlled dangerous
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7 substance to an ultimate user or human research subject;
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8 12. 16. "Distribute" means to deliver other than by
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9 administering or dispensing a controlled dangerous substance;
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10 13. 17. "Distributor" means a commercial entity engaged in the
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11 distribution or reverse distribution of narcotics and dangerous
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12 drugs and who complies with all regulations promulgated by the
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13 federal Drug Enforcement Administration and the Oklahoma State
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14 Bureau of Narcotics and Dangerous Drugs Control;
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15 14. 18. "Drug" means articles:
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16 a. recognized in the official United States Pharmacopeia,
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17 official Homeopathic Pharmacopoeia of the United
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18 States, or official National Formulary, or any
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19 supplement to any of them,
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20 b. intended for use in the diagnosis, cure, mitigation,
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21 treatment or prevention of disease in man or other
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22 animals,
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23 c. other than food, intended to affect the structure or
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24 any function of the body of man or other animals, and
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 1 d. intended for use as a component of any article
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2 specified in this paragraph;
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3 provided, however, the term drug does not include devices or their
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4 components, parts or accessories;
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5 19. "Drug paraphernalia" means all equipment, products, and
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6 materials of any kind which are used, intended for use, or fashioned
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7 specifically for use in planting, propagating, cultivating, growing,
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8 harvesting, manufacturing, compounding, converting, producing,
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9 processing, preparing, testing, analyzing, packaging, repackaging,
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10 storing, containing, concealing, injecting, ingesting, inhaling, or
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11 otherwise introducing into the human body, a controlled dangerous
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12 substance in violation of the Uniform Controlled Dangerous
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13 Substances Act including, but not limited to:
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14 a. kits used, intended for use, or fashioned specifically
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15 for use in planting, propagating, cultivating, growing
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16 or harvesting of any species of plant which is a
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17 controlled dangerous substance or from which a
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18 controlled dangerous substance can be derived,
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19 b. kits used, intended for use, or fashioned specifically
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20 for use in manufacturing, compounding, converting,
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21 producing, processing, or preparing controlled
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22 dangerous substances,
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23 c. isomerization devices used, intended for use, or
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24 fashioned specifically for use in increasing the
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 1 potency of any species of plant which is a controlled
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2 dangerous substance,
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3 d. testing equipment used, intended for use, or fashioned
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4 specifically for use in identifying, or in analyzing
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5 the strength, effectiveness, or purity of controlled
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6 dangerous substances,
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7 e. scales and balances used, intended for use, or
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8 fashioned specifically for use in weighing or
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9 measuring controlled dangerous substances,
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10 f. diluents and adulterants, such as quinine
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11 hydrochloride, mannitol, mannite, dextrose and
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12 lactose, used, intended for use, or fashioned
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13 specifically for use in cutting controlled dangerous
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14 substances,
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15 g. separation gins and sifters used, intended for use, or
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16 fashioned specifically for use in removing twigs and
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17 seeds from, or in otherwise cleaning or refining
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18 marijuana,
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19 h. blenders, bowls, containers, spoons, and mixing
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20 devices used, intended for use, or fashioned
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21 specifically for use in compounding controlled
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22 dangerous substances,
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23 i. capsules, balloons, envelopes, and other containers
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24 used, intended for use, or fashioned specifically for
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 1 use in packaging small quantities of controlled
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2 dangerous substances,
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3 j. containers and other objects used, intended for use,
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4 or fashioned specifically for use in parenterally
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5 injecting controlled dangerous substances into the
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6 human body,
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7 k. hypodermic syringes, needles, and other objects used,
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8 intended for use, or fashioned specifically for use in
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9 parenterally injecting controlled dangerous substances
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10 into the human body except as authorized by Section 2-
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11 1101 of this title,
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12 l. objects used, intended for use, or fashioned
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13 specifically for use in ingesting, inhaling, or
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14 otherwise introducing marijuana, cocaine, hashish, or
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15 hashish oil into the human body, such as:
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16 (1) metal, wooden, acrylic, glass, stone, plastic, or
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17 ceramic pipes with or without screens, permanent
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18 screens, hashish heads, or punctured metal bowls,
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19 (2) water pipes,
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20 (3) carburetion tubes and devices,
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21 (4) smoking and carburetion masks,
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22 (5) roach clips, meaning objects used to hold burning
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23 material, such as a marijuana cigarette, that has
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 1 become too small or too short to be held in the
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2 hand,
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3 (6) miniature cocaine spoons and cocaine vials,
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4 (7) chamber pipes,
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5 (8) carburetor pipes,
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6 (9) electric pipes,
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7 (10) air-driven pipes,
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8 (11) chillums,
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9 (12) bongs, or
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10 (13) ice pipes or chillers,
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11 m. all hidden or novelty pipes, and
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12 n. any pipe that has a tobacco bowl or chamber of less
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13 than one-half (1/2) inch in diameter in which there is
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14 any detectable residue of any controlled dangerous
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15 substance as defined in this section or any other
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16 substances not legal for possession or use;
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17 provided, however, the term drug paraphernalia shall not include
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18 separation gins intended for use in preparing tea or spice, clamps
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19 used for constructing electrical equipment, water pipes designed for
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20 ornamentation in which no detectable amount of an illegal substance
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21 is found or pipes designed and used solely for smoking tobacco,
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22 traditional pipes of an American Indian tribal religious ceremony,
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23 antique pipes that are thirty (30) years of age or older, or drug
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 1 testing strips possessed by a person for purposes of determining the
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2 presence of fentanyl or a fentanyl-related compound;
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3 15. 20. "Drug-dependent person" means a person who is using a
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4 controlled dangerous substance and who is in a state of psychic or
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5 physical dependence, or both, arising from administration of that
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6 controlled dangerous substance on a continuous basis. Drug
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7 dependence is characterized by behavioral and other responses which
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8 include a strong compulsion to take the substance on a continuous
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9 basis in order to experience its psychic effects, or to avoid the
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10 discomfort of its absence;
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11 21. "Harm-reduction services" means programs established to:
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12 a. reduce the spread of infectious diseases related to
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13 injection drug use,
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14 b. reduce drug dependency, overdose deaths and associated
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15 complications, and
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16 c. increase safe recovery and disposal of used syringes
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17 and sharp waste;
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18 22. "Hazardous materials" means materials, whether solid,
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19 liquid or gas, which are toxic to human, animal, aquatic, or plant
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20 life, and the disposal of which materials is controlled by state or
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21 federal guidelines;
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22 16. 23. "Home care agency" means any sole proprietorship,
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23 partnership, association, corporation, or other organization which
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