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ICJI 426

Manufacture Defined

activein force · 2024-01-01 – presentas-observed

ICJI 426 MANUFACTURE DEFINED

"Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

This term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:

(1) By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or

(2) By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for delivery.

Comment

I.C. � 37-2701(t).

The committee recommends that this instruction be modified to reflect the specific facts at issue. "Practitioners" are defined in IC � 37-2701(z).

Growing a controlled substance is the same as production of a controlled substance. Production of a controlled substance does not fall under the personal use exception and therefore growing a controlled substance is subject to punishment under I.C. �� 37-2732, 37-2737A. State v. Griffith, 127 Idaho 8, 896 P.2d 334 (1995).

Revised: April 21, 2023

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
dcc8d2404d48bd904e7920a93e702ce34d17debb06c9846f164e77701139a608
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