As used in this act:
(a) "Administer" means the direct application of a controlled substance
whether by injection, inhalation, ingestion, or any other means, to the body
of a patient or research subject by:
(1) A practitioner (or, in his presence, by his authorized agent), or
(2) The patient or research subject at the direction and in the presence
of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser. It does not include a
common or contract carrier, public warehouseman, or employee of the carrier or
warehouseman.
(c) "Board" means the state board of pharmacy created in chapter 17,
title 54, Idaho Code, or its successor agency.
(d) "Bureau" means the Bureau of Narcotic and Dangerous Drugs, United
States Department of Justice, or its successor agency.
(e) "Controlled substance" means a drug, substance, or immediate
precursor in schedules I through V of article II of this act.
(f) "Counterfeit substance" means a controlled substance which, or the
container or labeling of which, without authorization, bears the trademark,
trade name, or other identifying mark, 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.
(g) "Deliver" or "delivery" means the actual, constructive, or attempted
transfer from one (1) person to another of a controlled substance, whether or
not there is an agency relationship.
(h) "Director" means the director of the Idaho state police.
(i) "Dispense" means to deliver a controlled substance to an ultimate
user or 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 that delivery.
(j) "Dispenser" means a practitioner who dispenses.
(k) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(l) "Distributor" means a person who distributes.
(m) "Drug" means (1) substances recognized as drugs in the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any supplement to any of them; (2)
substances intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or animals; (3) substances (other than food)
intended to affect the structure or any function of the body of man or
animals; and (4) substances intended for use as a component of any article
specified in clause (1), (2), or (3) of this subsection. It does not include
devices or their components, parts, or accessories.
(n) "Drug paraphernalia" means all equipment, products and materials of
any kind which are used, intended for use, or designed 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 substance in
violation of this act. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of plant
which is a controlled substance or from which a controlled substance can
be derived;
(2) Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
(3) Isomerization devices used, intended for use, or designed for use in
increasing the potency of any species of plant which is a controlled
substance;
(4) Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of
controlled substances;
(5) Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed for use
in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended
for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for
use, or designed for use in packaging small quantities of controlled
substances;
(10) Containers and other objects used, intended for use, or designed for
use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for
use, or designed for use in parenterally injecting controlled substances
into the human body;
(12) Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish
oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or
punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) 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;
(f) Miniature cocaine spoons, and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers;
In determining whether an object is drug paraphernalia, a court or other
authority should consider, in addition to all other logically relevant
factors, the following:
1. Statements by an owner or by anyone in control of the object
concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the
object, under any state or federal law relating to any controlled
substance;
3. The proximity of the object, in time and space, to a direct violation
of this act;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons whom he knows,
or should reasonably know, intend to use the object to facilitate a
violation of this act; the innocence of an owner, or of anyone in control
of the object, as to a direct violation of this act shall not prevent a
finding that the object is intended for use, or designed for use as drug
paraphernalia;
7. Instructions, oral or written, provided with the object concerning its
use;
8. Descriptive materials accompanying the object which explain or depict
its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. 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;
12. Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the
community;
14. Expert testimony concerning its use.
(o) "Financial institution" means any bank, trust company, savings and
loan association, savings bank, mutual savings bank, credit union, or loan
company under the jurisdiction of the state or under the jurisdiction of an
agency of the United States.
(p) "Immediate precursor" means a substance which the board has found to
be and by rule 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 substance, the
control of which is necessary to prevent, curtail, or limit manufacture.
(q) "Law enforcement agency" means a governmental unit of one (1) or more
persons employed full-time or part-time by the state or a political
subdivision of the state for the purpose of preventing and detecting crime and
enforcing state laws or local ordinances, employees of which unit are
authorized to make arrests for crimes while acting within the scope of their
authority.
(r) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance, and includes
extraction, directly or indirectly, from substances of natural origin, or
independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or repackaging
of the substance or labeling or relabeling of its container, except that this
term does not include the preparation or compounding of a controlled
substance:
(1) By a practitioner as an incident to his administering or dispensing
of a controlled substance in the course of his professional practice, or
(2) By a practitioner, or by his authorized agent under his supervision,
for the purpose of, or as an incident to, research, teaching, or chemical
analysis and not for delivery.
(s) "Marijuana" means all parts of the plant of the genus Cannabis,
regardless of species, and 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.
It does not include the mature stalks of the plant unless the same are
intermixed with prohibited parts thereof, fiber produced from the stalks, oil
or cake made from the seeds or the achene of such plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom or where the same are intermixed with
prohibited parts of such plant), fiber, oil, or cake, or the sterilized seed
of such plant which is incapable of germination. Evidence that any plant
material or the resin or any derivative thereof, regardless of form, contains
any of the chemical substances classified as tetrahydrocannabinols shall
create a presumption that such material is "marijuana" as defined and
prohibited herein.
(t) "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:
(1) Opium and opiate, and any salt, compound, derivative, or preparation
of opium or opiate.
(2) Any salt, compound, isomer, derivative, or preparation thereof which
is chemically equivalent or identical with any of the substances referred
to in clause 1, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation of
coca leaves, and any salt, compound, isomer, derivative, or preparation
thereof which is chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or extractions of
coca leaves which do not contain cocaine or ecgonine.
(u) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. It does not include, unless specifically designated as controlled
under section 37-2702, Idaho Code, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include
its racemic and levorotatory forms.
(v) "Opium poppy" means the plant of the species Papaver somniferum L.,
except its seeds.
(w) "Peace officer" means any duly appointed officer or agent of a law
enforcement agency, as defined herein, including, but not limited to, a duly
appointed investigator or agent of the Idaho state police, an officer or
employee of the board of pharmacy, who is authorized by the board to enforce
this act, an officer of the Idaho state police, a sheriff or deputy sheriff of
a county, or a marshal or policeman of any city.
(x) "Person" means individual, corporation, government, or governmental
subdivision or agency, business trust, estate, trust, partnership or
association, or any other legal entity.
(y) "Poppy straw" means all parts, except the seeds, of the opium poppy,
after mowing.
(z) "Practitioner" means:
(1) A physician, dentist, veterinarian, scientific investigator, or other
person licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to or to administer a controlled
substance in the course of his professional practice or research in this
state;
(2) A pharmacy, hospital, or other institution licensed, registered, or
otherwise permitted to distribute, dispense, conduct research with respect
to or to administer a controlled substance in the course of their
professional practice or research in this state.
(aa) "Production" includes the manufacture, planting, cultivation,
growing, or harvesting of a controlled substance.
(bb) "Simulated controlled substance" means a substance that is not a
controlled substance, but which by appearance or representation would lead a
reasonable person to believe that the substance is a controlled substance.
Appearance includes, but is not limited to, color, shape, size, and markings
of the dosage unit. Representation includes, but is not limited to,
representations or factors of the following nature:
(1) Statements made by an owner or by anyone else in control of the
substance concerning the nature of the substance, or its use or effect;
(2) Statements made to the recipient that the substance may be resold for
inordinate profit; or
(3) Whether the substance is packaged in a manner normally used for
illicit controlled substances.
(cc) "State," when applied to a part of the United States, includes any
state, district, commonwealth, territory, insular possession thereof, and any
area subject to the legal authority of the United States of America.
(dd) "Ultimate user" means a person who lawfully possesses a controlled
substance for his own use or for the use of a member of his household or for
administering to an animal owned by him or by a member of his household.
(ee) "Utility" means any person, association, partnership or corporation
providing telephone and/or communication services, electricity, natural gas or
water to the public. |
