DRUG OFFENSES: CULTIVATION - ELEMENTS
No person may be convicted of cultivation/production/(knowingly permitting the cultivation/production/[wild growing]) of any species of plant from which a controlled dangerous substance is derived unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, cultivating/producing/(permitting the cultivation/production/[wild growing] of);
Third, any species of plant from which is derived the controlled dangerous substance [Name of Substance];
Fourth, on land owned/(controlled by) the defendant.
Statutory Authority: 63 O.S. Supp. 2000, § 2-509.
Although relatively few reported judicial decisions have construed the provisions of section 2-509, the Court of Criminal Appeals has determined that, given the legislative intent in enacting the statute wholly to prohibit cultivation of certain species of plants, particularly marijuana, its proscriptions extend to forbidden plants grown in greenhouses, window boxes, pots, and upstairs-apartment rooftop gardens, as well as those cultivated in the soil. Capehart v. State, 1977 OK CR 34, 559 P.2d 861; Box v. State, 1975 OK CR 194, 541 P.2d 262.