OUJI-CR 6-5

DRUG OFFENSES: DISTRIBUTING/MANUFACTURING

UNDER SEC. 2-401(F) - ELEMENTS

No person may be convicted of distributing/manufacturing a controlled dangerous substance near a [Specify Location Listed in 63 O.S Supp. 2025, § 2-401(F)] unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly/intentionally;

Second, (transporting with the intent to distribute)/distributing/(possessing with the intent to distribute) /(manufacturing)/ (attempting to manufacture);

Third, the controlled dangerous substance of [Name of Substance];

OR

Third, [If Aggravated Manufacturing, Specify Name and Amount of Substance Listed in 63 O.S Supp. 2025 § 2-401(G)(3)];

Fourth, to a person in/on/(within 2,000 feet of) [the real property comprising] [Specify Location Listed in 63 O.S Supp. 2025, § 2-401(F)].

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Statutory Authority: 63 O.S Supp. 2025, § 2-401(F).

Committee Comments

63 O.S. Supp. 2025, § 427.6(H)(3) provides that "[a]ny person who shares less than three grams of medical marijuana with an unauthorized person, without the transfer being for value or other consideration, shall not be subject to criminal prosecution…."  Likewise, 63 O.S. Supp. 2025, §§ 420, et seq., authorize the cultivation and/or manufacturing of medical marijuana.

 

(2026 Supp.)