13.1001 Definitions.

Cite as [A.S.C.A. § 13.1001]

As used in this chapter, unless the context otherwise requires:

(a) “Controlled substance” means a drug, substance, or immediate precursor listed in 13.1004 through 13.1014.

(b) “Deliver” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(c) “Director” means the Director of Medical Services.

(d) “Dispense” means to deliver a controlled substance to an ultimate user or research subject, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.

(e) “Distribute” means to deliver other than by administering or dispensing a controlled substance.

(f) “Drug” means substances recognized as drugs in the official United States Pharma-copoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and substances (other than food) intended to affect the structure of any function of the body of man or animals; and substances intended for use as a component of any articles specified in this paragraph. It does not include devices or their components, parts, or accessories.

(g) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction 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.

(h) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(i) “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 paragraph (i) (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 decocanized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(j) “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 sections of this chapter, the dextrorotatory isomer of 3-methoxy-n-methylmor-phinan and its salts (dextromenthorphan). It does include its racemic and levorotatory forms.

(k) “Opium poppy” means the plant of the species Papaversomniferum L., except its seeds.

(l) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

(m) “Produce” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

History: 1974, PL 13-56 § 3.

Case Notes:

Marijuana means all parts of the Cannabis sativa L. ASG v. Tavili a.k.a. Staka, 1 A.S.R. 2d 72 (1983).