5-28-1 Definitions

The following definitions are applicable to this section:

1. "Controlled substances" means a drug, substances, or immediate precursor listed in Schedules I through V of this Act.
2. "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a controlled substance, whether or not there is an agency relationship. For purposes of this Act, it also includes an offer to sell a controlled substance. Proof of an offer to sell must be corroborated by a person other than the offeree or by evidence other than a statement of the offeree.
3. "Dispense" means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of a practitioner (in the course of professional practice or research) including prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery.
4. "Dispenser" means a person who dispenses.
5. "Distribute" means to deliver; other than by administering or dispensing, a controlled substance.
6. "Distributor" means a person who distributes.
7. "Marijuana" means and includes all parts of the plant cannabis sativa, cannabis americana, and cannabis indica, 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 plants, its seeds, or resin; but shall not include the mature stalks of such plants, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks except the resin extracted therefrom, fiber oil, cake, or the sterilized seed of such plant which is incapable of germination.
8. "Narcotic drugs" means coca leaves, opium, cannabis, isonipecaine, amidone, isoamidone, ketobemidone, lysergic acid diethylamide, commonly known as LSD, and every substance neither chemically nor physically distinguishable from them; and any other drugs to which the Federal laws relating to narcotic drugs may now apply.
9. "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.
10. "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
11. "Person" means any individual, corporation, government, or government subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
12. "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing.
13. "Possession" means actual care, custody, control or management.
14. "Practitioner" means:
    1. A physician, dentist, veterinarian, scientific investigator; or other person licensed, registered, or otherwise permitted to distribute, dispense, analyze or conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State; or
    2. A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this State.
15. "Production" includes manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
16. "Ultimate user" means a person who has lawfully obtained and possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal by him or by a member of his household.