Okla. Stat. tit. 63, § 63-2-101

As used in the Uniform Controlled Dangerous Substances Act:

1. “Acute pain” means pain, whether resulting from disease,

accidental trauma, intentional trauma, or other cause that the

practitioner reasonably expects to last only a short period of time.

Acute pain does not include chronic pain, pain being treated as part

of cancer care, hospice or other end-of-life care, or pain being

treated as part of palliative care;

2. “Administer” means the direct application of a controlled

dangerous substance, whether by injection, inhalation, ingestion or

any other means, to the body of a patient, animal or research

subject by:

a. a practitioner (or, in the presence 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;

3. “Agent” means a peace officer appointed by and who acts on

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, distributes,

dispenses, prescribes, administers or uses for scientific purposes

controlled dangerous substances but does not include a common or

contract carrier, public warehouser or employee thereof, or a person

required to register under the Uniform Controlled Dangerous

Substances Act;

4. “Anhydrous ammonia” means any substance that exhibits

cryogenic evaporative behavior and tests positive for ammonia;

5. “Board” means the Advisory Board to the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

6. “Bureau” means the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control;

7. “Chronic pain” means pain that persists beyond the usual

course of an acute disease or healing of an injury. Chronic pain

may or may not be associated with an acute or chronic pathologic

process that causes continuous or intermittent pain over months or

years;

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8. “Coca leaves” includes cocaine and any compound,

manufacture, salt, derivative, mixture or preparation of coca

leaves, except derivatives of coca leaves which do not contain

cocaine or ecgonine;

9. “Commissioner” or “Director” means the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

10. “Control” means to add, remove or change the placement of a

drug, substance or immediate precursor under the Uniform Controlled

Dangerous Substances Act;

11. “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 schedule in which a

substance is listed shall be resolved in favor of state law;

12. “Counterfeit substance” means a controlled substance which,

or the container or labeling of which without authorization, bears

the trademark, trade name or other identifying marks, 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;

13. “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 relationship;

14. “Dispense” means to deliver a controlled dangerous

substance to an ultimate user or human research subject by or

pursuant to the lawful 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 dangerous
is

an agency relationship;

14. “Dispense” means to deliver a controlled dangerous

substance to an ultimate user or human research subject by or

pursuant to the lawful 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 dangerous

substance to an ultimate user or human research subject;

15. “Distribute” means to deliver other than by administering

or dispensing a controlled dangerous substance;

16. “Distributor” means a commercial entity engaged in the

distribution or reverse distribution of narcotics and dangerous

drugs and who complies with all regulations promulgated by the

federal Drug Enforcement Administration and the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control;

17. “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,

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b. intended for use in the diagnosis, 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 not include devices or their

components, parts or accessories;

18. “Drug paraphernalia” means all equipment, products, and

materials of any kind which are used, intended for use, or fashioned

specifically 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 Uniform Controlled Dangerous

Substances Act including, 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,

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, effectiveness, or purity of controlled

dangerous substances,

e. scales and balances used, intended for use, or

fashioned specifically for use in weighing or

measuring controlled dangerous substances,

f. diluents and adulterants, such as quinine

hydrochloride, mannitol, 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

dangerous substances,

i. capsules, balloons, envelopes, and other containers

used, intended for use, or fashioned specifically for

use in packaging small quantities of controlled

dangerous substances,

j. containers and other objects used, intended for use,
ders, bowls, containers, spoons, and mixing

devices used, intended for use, or fashioned

specifically for use in compounding controlled

dangerous substances,

i. capsules, balloons, envelopes, and other containers

used, intended for use, or fashioned specifically 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, and other objects used,

intended for use, or fashioned specifically for use in

parenterally injecting controlled dangerous substances

into the human body, except as authorized by Section

2-1101 of this title,

l. objects used, intended for use, or fashioned

specifically 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, 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 drug paraphernalia shall not include

separation gins intended for use in preparing tea or spice, clamps

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used for constructing electrical equipment, water pipes designed for

ornamentation in which no detectable amount of an illegal substance

is found or pipes designed and used solely for smoking tobacco,

traditional pipes of an American Indian tribal religious ceremony,

antique pipes that are thirty (30) years of age or older, or drug

testing strips possessed by a person for purposes of determining the

presence of fentanyl or a fentanyl-related compound;

19. “Drug-dependent person” means a person who is using a

controlled dangerous substance 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 the

discomfort of its absence;

20. “Harm-reduction services” means programs established to:

a. reduce the spread of infectious diseases related to

injection drug use,

b. reduce drug dependency, overdose deaths, and

associated complications, and

c. increase safe recovery and disposal of used syringes

and sharp waste;

21. “Hazardous materials” means materials, whether solid,

liquid, or gas, which are toxic to human, animal, aquatic, or plant

life, and the disposal of such materials is controlled by state or

federal guidelines;

22. “Home care agency” means any sole proprietorship,

partnership, association, corporation, or other organization which

administers, offers, or provides home care services, for a fee or

pursuant to a contract for such services, to clients in their place

of residence;

23. “Home care services” means skilled or personal care

services provided to clients in their place of residence for a fee;

24. “Hospice” means a centrally administered, nonprofit or for-
hip, association, corporation, or other organization which

administers, offers, or provides home care services, for a fee or

pursuant to a contract for such services, to clients in their place

of residence;

23. “Home care services” means skilled or personal care

services provided to clients in their place of residence for a fee;

24. “Hospice” means a centrally administered, nonprofit or for-

profit, medically directed, nurse-coordinated program which provides

a continuum of home and inpatient care for the terminally ill

patient and the patient’s family. Such term shall also include a

centrally administered, nonprofit 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 offers palliative and supportive care to meet the

special needs arising out of the physical, emotional and spiritual

stresses which are experienced 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” Hospice

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refers to Medicare-certified hospices. “Class B” refers to all

other providers of hospice services;

25. “Imitation controlled substance” means a substance that is

not a controlled dangerous substance, which by dosage unit

appearance, color, shape, size, markings or by representations made,

would lead a reasonable person to believe that the substance is a

controlled dangerous substance, or is a drug intended solely for

veterinary purposes that is not a controlled dangerous substance and

is being used outside of the scope of practice or normal course of

business, as defined by the State Board of Veterinary Medical

Examiners, or is a federal Food and Drug Administration-approved

drug that is not a controlled dangerous substance and is being used

outside the scope of approval for illicit purposes such as

adulterating or lacing other controlled dangerous substances. In

the event the appearance of the dosage unit or use is not reasonably

sufficient to establish that the substance is an imitation

controlled substance, the court or authority concerned should

consider, in addition to all other factors, the following factors:

a. statements made by an owner 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 owner, 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;

26. “Immediate precursor” means a substance which the Director

has found to be and by regulation 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 used, in

the manufacture of a controlled dangerous substance, the control of

which is necessary to prevent, curtail or limit such manufacture;

27. “Initial prescription” 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 surgical procedure

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or new acute event and has previously had a
itial prescription” 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 surgical procedure

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or new acute event and has previously had a

prescription for the drug or its pharmaceutical

equivalent within the past year.

When determining whether a patient was previously issued a

prescription for a drug or its pharmaceutical equivalent, the

practitioner shall consult with the patient and review the medical

record and prescription monitoring information of the patient;

28. “Isomer” means the optical isomer, except as used in

subsections C and F of Section 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;

29. “Laboratory” means a laboratory approved by the Director as

proper to be entrusted with the custody of controlled dangerous

substances and the use of controlled dangerous substances for

scientific and medical purposes and for purposes of instruction;

30. “Manufacture” means the production, preparation,

propagation, compounding or processing of a controlled dangerous

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 packages,

repackages or labels any container of any controlled dangerous

substance, except practitioners who dispense or compound

prescription orders for delivery to the ultimate consumer;

31. “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:

a. the mature stalks of such plant or fiber produced from

such stalks,

b. oil or cake made from the seeds of such plant,

including cannabidiol derived from the seeds of the

marijuana plant,

c. any other compound, manufacture, salt, derivative,

mixture or preparation of such mature stalks (except

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

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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 this state

that the person has been diagnosed by a physician as

having Lennox-Gastaut syndrome, Dravet syndrome, also

known as severe myoclonic epilepsy of infancy, or any

other severe form of epilepsy that is not adequately

treated by traditional medical therapies, spasticity

due to multiple sclerosis or due to paraplegia,

intractable nausea and vomiting, appetite stimulation

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

not more than three-tenths of one percent (0.3%) and

that is delivered to the patient in the form of a

liquid,
r due to paraplegia,

intractable nausea and vomiting, appetite stimulation

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

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, with a

delta-9 tetrahydrocannabinol concentration not more

than three-tenths of one percent (0.3%) on a dry-

weight basis which shall only be grown pursuant to the

Oklahoma Industrial Hemp Program and may be shipped

intrastate and interstate;

32. “Medical purpose” means an intention to utilize a

controlled dangerous substance for physical or mental treatment, for

diagnosis, or for the prevention 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;

33. “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 registered 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 through 508

of Title 4 of the Oklahoma Statutes;

34. “Narcotic drug” means any of the following, whether

produced directly or indirectly by extraction from substances of

vegetable origin, or independently by means of chemical synthesis,

or by a combination of extraction and chemical synthesis:

a. opium, coca leaves and opiates,

Oklahoma Statutes - Title 63. Public Health and Safety Page 883

b. a compound, manufacture, salt, derivative or

preparation of opium, coca leaves or opiates,

c. cocaine, its salts, optical and geometric isomers, and

salts of isomers,

d. ecgonine, its derivatives, their salts, isomers and

salts of isomers, and

e. a substance, and any compound, manufacture, salt,

derivative or preparation thereof, which is chemically

identical with any of the substances referred to in

subparagraphs a through d of this paragraph, except

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 cocaine or ecgonine;

35. “Opiate” or “opioid” means any Schedule 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 Controlled Dangerous Substances Act,

the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its

salts (dextromethorphan). The terms do include the racemic and

levorotatory forms;

36. “Opium poppy” means the plant of the species Papaver

somniferum L., except the seeds thereof;

37. “Palliative care” means a specialized medical service for

people of any age and at any stage of a serious illness or life-

altering medical event that focuses on navigating complex medical

decisions while providing patient autonomy and access to

information. Utilizing a holistic and interdisciplinary team

approach, palliative care addresses physical, intellectual,

emotional, social, and spiritual needs. Palliative care may be

provided in the inpatient, outpatient, or home care setting and

strives to improve quality of life for both the patient and the

family;
complex medical

decisions while providing patient autonomy and access to

information. Utilizing a holistic and interdisciplinary team

approach, palliative care addresses physical, intellectual,

emotional, social, and spiritual needs. Palliative care may be

provided in the inpatient, outpatient, or home care setting and

strives to improve quality of life for both the patient and the

family;

38. “Patient-provider agreement” means a written contract or

agreement that is executed between a practitioner and a patient

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 prevent

the possible development of addiction,

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 obligations of the patient in

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relation to the responsible use, discontinuation of

use, and storage of opioid drugs, including any

restrictions on the refill of prescriptions or the

acceptance of opioid prescriptions from practitioners,

d. identify the specific medications and other modes of

treatment, including physical therapy or exercise,

relaxation, or psychological counseling, 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, random 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 described in this paragraph shall

constitute a valid, informed consent for opioid

therapy. The practitioner shall be held harmless from

civil litigation for failure to treat pain if the

event occurs because of nonadherence by the patient

with any of the provisions of the patient-provider

agreement;

39. “Peace officer” means a police officer, sheriff, deputy

sheriff, district attorney’s investigator, investigator 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;

40. “Person” means an individual, corporation, government or

governmental subdivision or agency, business trust, estate, trust,

partnership or association, or any other legal entity;

41. “Poppy straw” means all parts, except the seeds, of the

opium poppy, after mowing;

42. “Practitioner” means:

a. (1) a medical doctor or osteopathic physician,

(2) a dentist,

(3) a podiatrist,

(4) an optometrist,

(5) a veterinarian,

(6) an Advanced Practice Registered Nurse under the

supervision of a licensed medical doctor or

osteopathic physician, or a physician assistant,

(7) a scientific investigator, or
ll parts, except the seeds, of the

opium poppy, after mowing;

42. “Practitioner” means:

a. (1) a medical doctor or osteopathic physician,

(2) a dentist,

(3) a podiatrist,

(4) an optometrist,

(5) a veterinarian,

(6) an Advanced Practice Registered Nurse under the

supervision of a licensed medical doctor or

osteopathic physician, or a physician assistant,

(7) a scientific investigator, or

(8) any other person,

licensed, registered or otherwise permitted to

prescribe, distribute, dispense, conduct research with

respect to, use for scientific purposes or administer

Oklahoma Statutes - Title 63. Public Health and Safety Page 885

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 permitted 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 this state;

43. “Production” includes the manufacture, planting,

cultivation, growing or harvesting of a controlled dangerous

substance;

44. “Serious illness” means a medical illness or physical

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 disease or related dementias, lung

disease, cancer, heart failure, renal failure, liver failure, or

chronic, unremitting, or intractable pain such as neuropathic pain;

45. “State” means the State of Oklahoma or any other state of

the United States;

46. “Straw person” or “straw party”, also known as a “front”,

means a third party who:

a. is put up in name only to take part in a transaction

or otherwise is a nominal party to a transaction with

no actual control,

b. acts on behalf of another person to obtain title to

property and executes documents and instruments the

principal may direct respecting property, or

c. purchases property for another for the purpose of

concealing the identity of the real purchaser or to

accomplish some purpose otherwise in violation of the

Oklahoma Statutes;

47. “Surgical procedure” means a procedure that is performed

for the purpose of structurally altering the human body by incision

or destruction of tissues as part of the practice 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 transportation 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 means;

48. a. “Synthetic controlled substance” means a substance:

(1) the chemical structure of which is substantially

similar to the chemical structure of a controlled

dangerous substance in Schedule I or II,

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(2) which has a stimulant, depressant, or

hallucinogenic effect 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, or
d

dangerous substance in Schedule I or II,

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(2) which has a stimulant, depressant, or

hallucinogenic effect 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, or

(3) with respect to a particular person, which such

person represents or intends to have a stimulant,

depressant, or hallucinogenic effect 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-butyrolactone or any other

chemical as a precursor, pursuant to Section 2-322 of

this title, does not preclude a finding pursuant to

subparagraph a of this paragraph that the chemical is

a synthetic controlled substance.

c. Synthetic controlled substance does 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 the

provisions of Section 505 of the Federal Food,

Drug, and Cosmetic Act, 21 U.S.C., Section 355,

to the extent conduct with respect to such

substance is pursuant to such exemption, or

(4) any substance to the extent not intended for

human consumption before such an exemption takes

effect with respect to that substance.

d. Prima facie evidence that a substance containing

salvia divinorum has been enhanced, concentrated, or

chemically or physically altered shall give rise to a

rebuttable presumption that the substance is a

synthetic controlled substance;

49. “Tetrahydrocannabinols” means all substances that have been

chemically synthesized to emulate the tetrahydrocannabinols of

marijuana, specifically including any tetrahydrocannabinols derived

from industrial hemp; and

50. “Ultimate user” means a person who lawfully possesses a

controlled dangerous substance for the person’s own use or for the

use of a member of the person’s household or for administration to

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an animal owned by the person or by a member of the person’s

household.