OUJI-CR 6-7

DRUG OFFENSES: DRUG PARAPHERNALIA - ELEMENTS

No person may be convicted of use/possession/delivery/manufacture of drug paraphernalia unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly/intentionally;

Second, using/possessing drug paraphernalia;

Third, to plant/propagate/cultivate/grow/harvest/manufacture/compound/convert/produce/process/prepare/test/analyze/pack/repack/store/contain/conceal/ingest/inhale/(introduce into the human body);

Fourth, the controlled dangerous substance of [Name of Substance].

OR

First, delivering/possessing/manufacturing drug paraphernalia;

Second, knowing that it was to be used;

Third, to plant/propagate/cultivate/grow/harvest/manufacture/compound/convert/produce/process/prepare/test/analyze/pack/repack/store/contain/conceal/ingest/inhale/(introduce into the human body);

        Fourth, the controlled dangerous substance of [Name of Substance].

OR

First, delivering drug paraphernalia;

Second, to a person under 18 years of age;

Third, who was at least 3 years younger than the defendant;

Fourth, knowing that it was to be used;

Fifth, to plant/propagate/cultivate/grow/harvest/manufacture/compound/convert/produce/process/prepare/test/analyze/pack/repack/store/ contain/conceal/ingest/inhale/(introduce into the human body);

Sixth, the controlled dangerous substance of [Name of Substance].

______________________________

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

Notes on Use

For the definition of drug paraphernalia, see OUJI-CR 6-16, infra.

Committee Comments

 63 O.S. Supp. 2025, § 423(E) states that "[a]ny device used for the processing or consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed and possessed" and further states that "no… individual may be… prosecuted for selling, manufacturing or possessing marijuana paraphernalia."

(2026 Supp.)