Tulsa Revised Ordinances tit. 27, § 2500 Definitions.
Section 2500. - Definitions.
The following words and phrases used in this chapter shall have the meanings defined in this Section except when the context clearly and unambiguously requires a different meaning. Terms which are not defined in this section shall have their common and ordinarily accepted meanings or such as the context may imply.
A. Marijuana shall have the same definition as found in 63 O.S. § 2-101.
B. 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 other animals; and
4. Substances intended for use as a component of any article specified in this definition. It does not include any devices or their components, parts or accessories.
C. Controlled dangerous substance means any drug or substance included in Schedules I through V of the Uniform Controlled Dangerous Substances Act found in Title 63, Chapter 2 of the Oklahoma Statutes.
D. Simulated drugs or simulated controlled dangerous substances means any product which identifies itself by using a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material or is represented to simulate the effect of a controlled dangerous substance.
E. Deliver or delivery means the actual, constructive, or attempted transfer from one (1) person to another of a simulated drug or simulated controlled dangerous substance, whether or not there is an agency relationship.
F. 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 those items listed in 63 O.S. § 2-101(36).
In determining whether an object is "drug paraphernalia", a court or jury shall 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. The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act;
3. The proximity of the object to controlled dangerous substances;
4. The existence of any residue of controlled dangerous substances on the object;
5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person who intends to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances 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 fashioned specifically for use, as drug paraphernalia;
6. Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled dangerous substances;
7. Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled dangerous substances;
8. The manner in which the object is displayed for sale;
9. 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;
10. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
11. The existence and scope of legitimate uses for the object in the community; and
12. Expert testimony concerning its use, including, but not limited to, testimony from a law enforcement officer.
Provided, nothing in this section shall apply to objects in the possession of harm-reduction services providers as authorized by 63 O.S. § 2-1101 and 63 O.S. § 2-101(48).
(Ord. No. 24827, § 2, 5-18-2022)