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H0206aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
CONTROLLED SUBSTANCES - MANUFACTURE - Amends existing law to delete an
exception for the preparation, compounding, packaging, or labeling of a
controlled substance from the definition of "manufacture."
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 59-1-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Limbaugh, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pomeroy, Reynolds, Ridinger, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stone, Taylor(Taylor),
Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- Ringo
Absent and excused -- Boe, Campbell, Gould, Hansen(29), Kellogg,
Linford, Pischner, Stoicheff, Trail, Mr Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Jud
03/08 Rpt out - to 14th Ord
03/08 Rpt out amen - to 1st rdg as amen
03/09 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry, Twiggs
Floor Sponsor - Risch
Title apvd - to House
03/12 House concurred in Senate amens - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 57-1-12
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Callister,
Campbell, Chase, Clark, Crow, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(29), Henbest,
Hornbeck, Judd, Kellogg, Kendell, Kunz, Limbaugh, Linford,
Loertscher, Mader, Marley, Meyer(Duncan), Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- McKague
Absent and excused -- Black, Bruneel, Cuddy, Gould, Hansen(23),
Jaquet, Jones, Kempton, Lake, Montgomery, Sellman, Watson
Floor Sponsor - Ellsworth
Title apvd - to enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/24 Governor signed
Session Law Chapter 280
Effective: 07/01/99
H0206|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 206, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2701, IDAHO CODE, TO 3 DELETE AN EXCEPTION FOR THE PREPARATION OF A CONTROLLED SUBSTANCE BY AN 4 INDIVIDUAL FOR HIS OWN USE OR THE PACKAGING OF A CONTROLLED SUBSTANCE FROM 5 THE DEFINITION OF MANUFACTURE AND TO MAKE TECHNICAL CORRECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 37-2701, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 37-2701. DEFINITIONS. As used in this act: 10 (a) "Administer" means the direct application of a controlled substance 11 whether by injection, inhalation, ingestion, or any other means, to the body 12 of a patient or research subject by: 13 (1) A practitioner (or, in his presence, by his authorized agent), or 14 (2) The patient or research subject at the direction and in the presence 15 of the practitioner. 16 (b) "Agent" means an authorized person who acts on behalf of or at the 17 direction of a manufacturer, distributor, or dispenser. It does not include a 18 common or contract carrier, public warehouseman, or employee of the carrier or 19 warehouseman. 20 (c) "Board" means the state board of pharmacy created in chapter 17, 21 title 54, Idaho Code, or its successor agency. 22 (d) "Bureau" means the Bureau of Narcotic and Dangerous Drugs, United 23 States Department of Justice, or its successor agency. 24 (e) "Controlled substance" means a drug, substance, or immediate 25 precursor in schedules I through V of article II of this act. 26 (f) "Counterfeit substance" means a controlled substance which, or the 27 container or labeling of which, without authorization, bears the trademark, 28trade-nametrade name , or other identifying mark, 29 imprint, number or device, or any likeness thereof, of a manufacturer, dis- 30 tributor, or dispenser other than the person who in fact manufactured, dis- 31 tributed, or dispensed the substance. 32 (g) "Deliver" or "delivery" means the actual, constructive, or attempted 33 transfer from one (1) person to another of a controlled substance, whether or 34 not there is an agency relationship. 35 (h) "Director" means the director of the department of law enforcement of 36 the state of Idaho. 37 (i) "Dispense" means to deliver a controlled substance to an ultimate 38 user or research subject by or pursuant to the lawful order of a practitioner, 39 including the prescribing, administering, packaging, labeling, or compounding 40 necessary to prepare the substance for that delivery. 41 (j) "Dispenser" means a practitioner who dispenses. 42 (k) "Distribute" means to deliver other than by administering or dispens- 43 ing a controlled substance. 2 1 (l) "Distributor" means a person who distributes. 2 (m) "Drug" means (1) substances recognized as drugs in the official 3 United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United 4 States, or official National Formulary, or any supplement to any of them; (2) 5 substances intended for use in the diagnosis, cure, mitigation, treatment or 6 prevention of disease in man or animals; (3) substances (other than food) 7 intended to affect the structure or any function of the body of man or ani- 8 mals; and (4) substances intended for use as a component of any article speci- 9 fied in clause (1), (2), or (3) of this subsection. It does not include 10 devices or their components, parts, or accessories. 11 (n) "Drug paraphernalia" means all equipment, products and materials of 12 any kind which are used, intended for use, or designed for use, in planting, 13 propagating, cultivating, growing, harvesting, manufacturing, compounding, 14 converting, producing, processing, preparing, testing, analyzing, packaging, 15 repackaging, storing, containing, concealing, injecting, ingesting, inhaling, 16 or otherwise introducing into the human body a controlled substance in viola- 17 tion of this act. It includes, but is not limited to: 18 (1) Kits used, intended for use, or designed for use in planting, propa- 19 gating, cultivating, growing or harvesting of any species of plant which 20 is a controlled substance or from which a controlled substance can be 21 derived; 22 (2) Kits used, intended for use, or designed for use in manufacturing, 23 compounding, converting, producing, processing, or preparing controlled 24 substances; 25 (3) Isomerization devices used, intended for use, or designed for use in 26 increasing the potency of any species of plant which is a controlled sub- 27 stance; 28 (4) Testing equipment used, intended for use, or designed for use in 29 identifying, or in analyzing the strength, effectiveness or purity of con- 30 trolled substances; 31 (5) Scales and balances used, intended for use, or designed for use in 32 weighing or measuring controlled substances; 33 (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, 34 mannite, dextrose and lactose, used, intended for use, or designed for use 35 in cutting controlled substances; 36 (7) Separation gins and sifters used, intended for use, or designed for 37 use in removing twigs and seeds from, or in otherwise cleaning or refin- 38 ing, marijuana; 39 (8) Blenders, bowls, containers, spoons and mixing devices used, intended 40 for use, or designed for use in compounding controlled substances; 41 (9) Capsules, balloons, envelopes and other containers used, intended for 42 use, or designed for use in packaging small quantities of controlled sub- 43 stances; 44 (10) Containers and other objects used, intended for use, or designed for 45 use in storing or concealing controlled substances; 46 (11) Hypodermic syringes, needles and other objects used, intended for 47 use, or designed for use in parenterally injecting controlled substances 48 into the human body; 49 (12) Objects used, intended for use, or designed for use in ingesting, 50 inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish 51 oil into the human body, such as: 52 (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes 53 with or without screens, permanent screens, hashish heads, or punc- 54 tured metal bowls; 55 (b) Water pipes; 3 1 (c) Carburetion tubes and devices; 2 (d) Smoking and carburetion masks; 3 (e) Roach clips: meaning objects used to hold burning material, such 4 as a marijuana cigarette, that has become too small or too short to 5 be held in the hand; 6 (f) Miniature cocaine spoons, and cocaine vials; 7 (g) Chamber pipes; 8 (h) Carburetor pipes; 9 (i) Electric pipes; 10 (j) Air-driven pipes; 11 (k) Chillums; 12 (l) Bongs; 13 (m) Ice pipes or chillers; 14 In determining whether an object is drug paraphernalia, a court or other 15 authority should consider, in addition to all other logically relevant fac- 16 tors, the following: 17 1. Statements by an owner or by anyone in control of the object concern- 18 ing its use; 19 2. Prior convictions, if any, of an owner, or of anyone in control of the 20 object, under any state or federal law relating to any controlled sub- 21 stance; 22 3. The proximity of the object, in time and space, to a direct violation 23 of this act; 24 4. The proximity of the object to controlled substances; 25 5. The existence of any residue of controlled substances on the object; 26 6. Direct or circumstantial evidence of the intent of an owner, or of 27 anyone in control of the object, to deliver it to persons whom he knows, 28 or should reasonably know, intend to use the object to facilitate a viola- 29 tion of this act; the innocence of an owner, or of anyone in control of 30 the object, as to a direct violation of this act shall not prevent a find- 31 ing that the object is intended for use, or designed for use as drug para- 32 phernalia; 33 7. Instructions, oral or written, provided with the object concerning its 34 use; 35 8. Descriptive materials accompanying the object which explain or depict 36 its use; 37 9. National and local advertising concerning its use; 38 10. The manner in which the object is displayed for sale; 39 11. Whether the owner, or anyone in control of the object, is a legitimate 40 supplier of like or related items to the community, such as a licensed 41 distributor or dealer of tobacco products; 42 12. Direct or circumstantial evidence of the ratio of sales of the 43 object(s) to the total sales of the business enterprise; 44 13. The existence and scope of legitimate uses for the object in the com- 45 munity; 46 14. Expert testimony concerning its use. 47 (o) "Financial institution" means any bank, trust company, savings and 48 loan association, savings bank, mutual savings bank, credit union, or loan 49 company under the jurisdiction of the state or under the jurisdiction of an 50 agency of the United States. 51 (p) "Immediate precursor" means a substance which the board has found to 52 be and by rule designates as being the principal compound commonly used or 53 produced primarily for use, and which is an immediate chemical intermediary 54 used or likely to be used in the manufacture of a controlled substance, the 55 control of which is necessary to prevent, curtail, or limit manufacture. 4 1 (q) "Law enforcement agency" means a governmental unit of one (1) or more 2 persons employed full time or part time by the state or a political subdivi- 3 sion of the state for the purpose of preventing and detecting crime and 4 enforcing state laws or local ordinances, employees of which unit are autho- 5 rized to make arrests for crimes while acting within the scope of their 6 authority. 7 (r) "Manufacture" means the production, preparation, propagation, com- 8 pounding, conversion or processing of a controlled substance, and includes 9 extraction, directly or indirectly, from substances of natural origin, or 10 independently by means of chemical synthesis, or by a combination of extrac- 11 tion and chemical synthesis, and includes any packaging or repackaging of the 12 substance or labeling or relabeling of its container, except that this term 13 does not include the preparation or compounding of a controlled substance 14by an individual for his own use or the preparation, compounding, pack-15aging, or labeling of a controlled substance: 16 (1) By a practitioner as an incident to his administering or dispensing 17 of a controlled substance in the course of his professional practice, or 18 (2) By a practitioner, or by his authorized agent under his supervision, 19 for the purpose of, or as an incident to, research, teaching, or chemical 20 analysis and not for delivery. 21 (s) "Marijuana" means all parts of the plant of the genus Cannabis, 22 regardless of species, and whether growing or not; the seeds thereof; the 23 resin extracted from any part of such plant; and every compound, manufacture, 24 salt, derivative, mixture, or preparation of such plant, its seeds or resin. 25 It does not include the mature stalks of the plant unless the same are inter- 26 mixed with prohibited parts thereof, fiber produced from the stalks, oil or 27 cake made from the seeds or the achene of such plant, any other compound, man- 28 ufacture, salt, derivative, mixture, or preparation of the mature stalks 29 (except the resin extracted therefrom or where the same are intermixed with 30 prohibited parts of such plant), fiber, oil, or cake, or the sterilized seed 31 of such plant which is incapable of germination. Evidence that any plant mate- 32 rial or the resin or any derivative thereof, regardless of form, contains any 33 of the chemical substances classified as tetrahydrocannabinols shall create a 34 presumption that such material is "marijuana" as defined and prohibited 35 herein. 36 (t) "Narcotic drug" means any of the following, whether produced directly 37 or indirectly by extraction from substances of vegetable origin, or indepen- 38 dently by means of chemical synthesis, or by a combination of extraction and 39 chemical synthesis: 40 (1) Opium and opiate, and any salt, compound, derivative, or preparation 41 of opium or opiate. 42 (2) Any salt, compound, isomer, derivative, or preparation thereof which 43 is chemically equivalent or identical with any of the substances referred 44 to in clause 1, but not including the isoquinoline alkaloids of opium. 45 (3) Opium poppy and poppy straw. 46 (4) Coca leaves and any salt, compound, derivative, or preparation of 47 coca leaves, and any salt, compound, isomer, derivative, or preparation 48 thereof which is chemically equivalent or identical with any of these sub- 49 stances, but not including decocainized coca leaves or extractions of coca 50 leaves which do not contain cocaine or ecgonine. 51 (u) "Opiate" means any substance having an addiction-forming or 52 addiction-sustaining liability similar to morphine or being capable of conver- 53 sion into a drug having addiction-forming or addiction-sustaining liability. 54 It does not include, unless specifically designated as controlled under sec- 55 tion 37-2702, Idaho Code, the dextrorotatory isomer of 5 1 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include 2 its racemic and levorotatory forms. 3 (v) "Opium poppy" means the plant of the species Papaver somniferum L., 4 except its seeds. 5 (w) "Peace officer" means any duly appointed officer or agent of a law 6 enforcement agency, as defined herein, including , but not limited 7 to , a duly appointed investigator or agent of the department of 8 law enforcement, an officer or employee of the board of pharmacy, who is 9 authorized by the board to enforce this act, an officer of the Idaho state 10 police division or any other division of the department of law enforcement, a 11 sheriff or deputy sheriff of a county, or a marshal or policeman of any city. 12 (x) "Person" means individual, corporation, government, or governmental 13 subdivision or agency, business trust, estate, trust, partnership or associa- 14 tion, or any other legal entity. 15 (y) "Poppy straw" means all parts, except the seeds, of the opium poppy, 16 after mowing. 17 (z) "Practitioner" means: 18 (1) A physician, dentist, veterinarian, scientific investigator, or other 19 person licensed, registered or otherwise permitted to distribute, dis- 20 pense, conduct research with respect to or to administer a controlled sub- 21 stance in the course of his professional practice or research in this 22 state; 23 (2) A pharmacy, hospital, or other institution licensed, registered, or 24 otherwise permitted to distribute, dispense, conduct research with respect 25 to or to administer a controlled substance in the course of their profes- 26 sional practice or research in this state. 27 (aa) "Production" includes the manufacture, planting, cultivation, grow- 28 ing, or harvesting of a controlled substance. 29 (bb) "Simulated controlled substance" means a substance that is not a con- 30 trolled substance, but which by appearance or representation would lead a rea- 31 sonable person to believe that the substance is a controlled substance. 32 Appearance includes, but is not limited to, color, shape, size, and markings 33 of the dosage unit. Representation includes, but is not limited to, represen- 34 tations or factors of the following nature: 35 (1) Statements made by an owner or by anyone else in control of the sub- 36 stance concerning the nature of the substance, or its use or effect; 37 (2) Statements made to the recipient that the substance may be resold for 38 inordinate profit; or 39 (3) Whether the substance is packaged in a manner normally used for 40 illicit controlled substances. 41 (cc) "State," when applied to a part of the United States, includes any 42 state, district, commonwealth, territory, insular possession thereof, and any 43 area subject to the legal authority of the United States of America. 44 (dd) "Ultimate user" means a person who lawfully possesses a controlled 45 substance for his own use or for the use of a member of his household or for 46 administering to an animal owned by him or by a member of his household. 47 (ee) "Utility" means any person, association, partnership or corporation 48 providing telephone and/or communication services, electricity, natural gas or 49 water to the public.
AH0206|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Richardson Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO H.B. NO. 206 1 AMENDMENT TO SECTION 1 2 On page 4 of the printed bill, in lines 12 and 13, delete ", except3that this term does not include the preparation or compounding of a controlled4substance" and insert: ", except that this term does not include the 5 preparation or compounding of a controlled substance".
STATEMENT OF PURPOSE
RS08639
The purpose of this legislation is to clarify that the manufacturing
of illegal controlled substances, even if it is for personal use, is
a felony.
FISCAL NOTE
None.
CONTACT: Rep. Julie Ellsworth
332-1000
Detective John Tudbury
Idaho Narcotic Officers Assoc.
384-4071
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 206