37-2701 Definitions
37-2701 v2 Definitions

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Terms Used In Idaho Code > Title 37 > Chapter 27 > Part I

  • 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:
Idaho Code 37-2701
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. See Idaho Code 37-2701
  • Board: means the state board of pharmacy created in chapter 17, title 54, Idaho Code, or its successor agency. See Idaho Code 37-2701
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means a drug, substance or immediate precursor in schedules I through VI of article II of this chapter. See Idaho Code 37-2701
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Idaho Code 37-2701
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Director: means the director of the Idaho state police. See Idaho Code 37-2701
  • 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 packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Idaho Code 37-2701
  • Dispenser: means a practitioner who dispenses. See Idaho Code 37-2701
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Idaho Code 37-2701
  • Distributor: means a person who distributes. See Idaho Code 37-2701
  • Division: means the Idaho division of occupational and professional licenses. See Idaho Code 37-2701
  • 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. See Idaho Code 37-2701
  • Drug paraphernalia: means all equipment, products and materials of any kind 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 chapter. See Idaho Code 37-2701
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • hemp: means the plant species Cannabis sativa L. See Idaho Code 37-2701
  • 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. See Idaho Code 37-2701
  • Isomer: means the optical isomer, except as used in section 37-2705(d), Idaho Code. See Idaho Code 37-2701
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See Idaho Code 37-2701
  • 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:
  • Idaho Code 37-2701
  • 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. See Idaho Code 37-2701
  • Opium poppy: means the plant of the species Papaver somniferum L. See Idaho Code 37-2701
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Idaho Code 37-2701
  • Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Idaho Code 37-2701
  • Practitioner: means :
  • Idaho Code 37-2701
  • Prescribe: means a direction or authorization permitting an ultimate user to lawfully obtain or be administered controlled substances. See Idaho Code 37-2701
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Idaho Code 37-2701
  • Property: includes both real and personal property. See Idaho Code 73-114
  • 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. See Idaho Code 37-2701
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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. See Idaho Code 37-2701