DEFENSE OF VOLUNTARY INTOXICATION
BY NARCOTICS, DRUGS, HALLUCINOGENIC SUBSTANCES
The defense of intoxication can be established by proof of intoxication caused by narcotics/drugs/(hallucinogenic substances).
The Court of Criminal Appeals has ruled that intoxication caused by drugs, narcotics, or hallucinogenic substances is to be treated similarly to intoxication caused by alcohol for purposes of the defense of intoxication. Jones v. State, 1982 OK CR 112, ¶ 10, 648 P.2d 1251, 1255 ("where drugs are voluntarily taken, the law of voluntary intoxication shall apply"); Gibson v. State, 1972 OK CR 249, ¶ 38, 501 P.2d 891; Myers v. State, 1946 OK CR 109, 174 P.2d 395, 83 Okl. Cr. 177, 186.
This instruction should be given only in cases in which intoxication induced by nonalcoholic substances is used as a defense. The instruction is simply a clarifying instruction to the jury. No clarifying instruction is needed when intoxication induced by the traditional means of alcohol is used as a defense.