Req. No. 8864 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3412 By: Pae
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Section 2 -401, which relates to the
Uniform Controlled Dangerous Substances Act;
modifying elements of certain prohibited acts; making
certain acts unlawful; providing list of factors
necessary to prove intent; reducing certain
penalties; clarifying penalty provisions for second
and subsequent convictions; deleting certain unlawful
acts and penalty provisions ; modifying scope of
certain prohibited act; providing an exception;
defining term; modifying penalties ; updating
language; updating internal statutory references; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -401, is
amended to read as follows:
Section 2-401. A. Except as authorized by the Uniform
Controlled Dangerous Substances Act, it shall be unlawful for any
person:
1. To distribute, or dispense, transport with intent to
distribute or dispense, possess with intent to manufacture,
distribute, or dispense, a controlled dangerous substance or to
Req. No. 8864 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
solicit the use of or use the services of a person less than
eighteen (18) years of age to cultivate, distribute or dispense a
controlled dangerous substance;
2. To create, or distribute, transport with intent to
distribute or dispense, or possess with intent to distribute, a
counterfeit controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined
by Section 2-101 of this title, except when au thorized by the Food
and Drug Administration of the United States Department of Health
and Human Services;
4. To manufacture or distribute any synthetic controlled
substance, except when authoriz ed by the Food and Dr ug
Administration of the United States Department of Health and Human
Services; or
5. To transport with intent to distribute or dispense or
possess with intent to manufacture, distribute, or dispense a
controlled dangerous substance, or to transport with intent to
distribute or dispense or possess with intent to distribute, a
counterfeit controlled dangerous substance, or to possess with
intent to distribute a synthetic controlled substance. In order to
prove intent to distribute, dispense , or manufacture pursuant to the
offenses listed in this paragraph , at least three of the following
factors must be involved unless the person was in possession of more
than four (4) grams of a substance classified in Schedule I or II of
Req. No. 8864 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the Uniform Controlled Dangerous Substances Act, except for
marijuana:
a. the person possesses the means to weigh a controlled
substance,
b. the person possesses a record indicating a drug-
related transaction,
c. the person possesses materials primarily used for
separating and packaging control led substances,
d. the person possesses a firearm that is in the
immediate physical control of the person at the time
of possession of the controlled substance,
e. the person has in his or her immediate possession or
control at least two other contro lled substances in
any amount,
f. the person has implemented excessive security measures
in a structure or vehicle connected to the offender ,
and
g. the person has in his or her immediate possession or
control cash in excess of Five Hundred Dollars
($500.00).
B. Any person who violates the provisions of subsection A of
this section with respect to:
1. A substance classified in Schedule I or II, except for
marijuana, involving one-quarter (0.25) of a gram or more of the
Req. No. 8864 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Schedule I or II substance, upon conviction, shall be guilty of
transporting or possessing with an intent to distribute a controlled
dangerous substance, a felony, and shall be sentenced to a ter m of
imprisonment in the custody of the Department of Corrections for not
more than seven (7) three (3) years and a fine of not more than One
Hundred Thousand Dollars ($100,000.00), which shall be in additio n
to other punishment provided by law and shall n ot be imposed in lieu
of other punishment. A secon d conviction for the violation of
provisions of this paragraph within ten (10) years of the date
following the completion of the execution of the prior sent ence is a
felony punishable by a term of imprison ment in the custody of the
Department of Correction s for not more than fourteen (14) seven (7)
years. A third or subsequent conviction for the violation of the
provisions of this paragraph within ten (10) years of the date
following the completion of the execution of the prior sentence is a
felony punishable by a term of imprisonment in the custody of the
Department of Corrections for not more than twenty (20) ten (10)
years;
2. Any One-quarter (0.25) of a gram or more of any other
controlled dangerous su bstance classified in Schedule III, IV, V or
marijuana, upon conviction, shall be guilty of a felony and shall be
sentenced to a term of imprisonment in the custody of the Department
of Corrections for not m ore than five (5) two (2) years and a fine
of not more than Twenty Thousand Dollars ($20,000.00), wh ich shall
Req. No. 8864 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be in addition to other punishment provided by law a nd shall not be
imposed in lieu of other punishment. A second conviction for the
violation of the provisions of this paragraph within ten (10) years
of the date following the completion of the execution of the prior
sentence is a felony punishable by a term of imprisonment in the
custody of the Department of Corrections for not more than ten (10)
five (5) years. A third or subsequent conviction for the violation
of the provisions of this paragr aph within ten (10) years of the
date following the completion of the execution of the prior sentence
is a felony punishable by a term of imprisonment in th e custody of
the Department of Corrections for no t more than fifteen (15) eight
(8) years; or
3. An One-quarter (0.25) of a gram or more of an imitation
controlled substance as defined by Section 2 -101 of this title, upon
conviction, shall be guilty of a misdemeanor and shall be sentenced
to a term of imprisonment in the county jail for a period of not
more than one (1) year and a fine of not more than One Thousand
Dollars ($1,000.00). A person convicted of a second or subsequent
violation of the provisio ns of this paragraph within ten (10) years
of the date following the completion of the execution of the prior
sentence shall be guilty of a felony and shall be sentenced to a
term of imprisonment in the custody of the Department of Corrections
for not more than two (2) years and a fine of not more than F ive
Thousand Dollars ($5,000.00), which shall be in addition to other
Req. No. 8864 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
punishment provided by law and shall not be imposed in lieu of other
punishment.
C. 1. Except when authorized by the Food and Drug
Administration of the United States Department of Hea lth and Human
Services, it shall be unlawful for an y person to manufacture or
distribute a controlled substance or synthetic controlled substance.
2. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to distri buting a
controlled substance is guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed ten (10) years and a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), which s hall be in
addition to other punishment provided by law and shall not be
imposed in lieu of other punishment.
3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection wit h respect to distributing a
controlled substance is a felony punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor more than twenty (20) years. A third or
subsequent conviction for the violat ion of the provisions of this
paragraph is a felony punishable by imprisonment in the custody of
the Department of Corrections for a term not less than ten (10)
years nor more than life.
Req. No. 8864 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is guilty of a felony and sha ll be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed ten (10) years and a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), which shall be in
addition to other punishment provided by law and shall not be
imposed in lieu of other punishment.
5. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respec t to manufacturing a
controlled substance is a fe lony punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor more than twenty (20) years. A third or
subsequent conviction for the violation of the provisions of this
paragraph is a felony puni shable by imprisonment in the custody of
the Department of Corrections for a term not less than ten (10)
years nor more than life.
D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended o r
deferred sentences, or probation as provided in S ection 991a of
Title 22 of the Oklahoma Statutes.
E. D. Any person who is at least eighteen (18) years of age and
who violates the provisions of this secti on by using or soliciti ng
the use of services of a person less than eighteen (18) years of age
Req. No. 8864 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substance to a person u nder
eighteen (18) years o f age, or in the presence of a person under
twelve (12) years of age, upon conviction, is punishable by:
1. For a first violation of this section subsection, a term of
imprisonment in the custody of the Dep artment of Corrections for not
less than two (2) years nor more than ten (10) years;
2. For a second violation of th is section subsection within ten
(10) years of the date following the completion of the execution of
the prior sentence, a term of imprison ment in the custody of the
Department of Correcti ons for not less than four (4) years nor more
than twenty (20) years ; or
3. For a third or subsequent violation of this section
subsection within ten (10) years of the date following the
completion of the execution of the prior sentence, a term of
imprisonment in the custody of the Department of Corrections for not
less than ten (10) years nor more than life.
F. E. Any person who violates any provision of this section by
transporting with intent to distribu te or dispense, distributing or
possessing with intent to distribute a controlled dangerous
substance to a person, or violation of subsection G F of this
section, in or on, or within two thousand (2,000) five hundred (500)
feet of the real property compris ing a public or private elementary
Req. No. 8864 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or secondary school, public vocational school, public or private
college or university, or other institution of higher education,
recreation center or public park, including state parks and
recreation areas, public housing project, or child care facility as
defined by Section 402 of Title 10 of the Oklahoma Statutes, during
hours of operation of the aforementioned locations, upon conviction,
shall be punished by:
1. For a first offense, a term of imprisonment in the custo dy
of the Department of Correction s, or by the imposition of a fine or
by both, not exceeding twice that authorized b y the appropriate
provision of this section; or
2. For a second or subsequent violation of this section
subsection within ten (10) years of the date following the
completion of the execution of the prior sentence, a term of
imprisonment in the custody of the Department of Corrections, or by
the imposition of a fine or by both, not exceeding thrice that
authorized by the appropriate provision of this section.
Convictions for second and subsequent violations of the provisions
of this section shall not be subject to statutor y provisions of
suspended sentences, deferred sentences or probation.
For purposes of this subsection, median strips or th e green
space dividing roads, stre ets, and highways shall not be considered
a portion of the public park.
Req. No. 8864 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
As used in this subsection, "hours of operation" shall include
all extracurricular activities sanctioned or authorized by the
public or private elemen tary or secondary school or public
vocational school.
G. F. 1. Except as authorized by the Uniform Controlled
Dangerous Substances Ac t, it shall be unlawful for any person to
manufacture or attempt to manufacture any controlled dangerous
substance or possess any substance listed in Secti on 2-322 of this
title or any substance containing any detectable amount of
pseudoephedrine or its sa lts, optical isomers or salts of optical
isomers, iodine or its salts, optical isomers or salts of optical
isomers, hydriodic acid, sodium metal, lithium m etal, anhydrous
ammonia, phosphorus, or organic solvents with the intent to use that
substance to manufacture a controlled dangerous substance.
2. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempt ing to unlawfully
manufacture any controlled dangerous substance, except for
marijuana, or possessing any substance listed in this subsection or
Section 2-322 of this title, upon conviction, is guilty of a felony
and shall be punished by imprisonment in the custody of the
Department of Corrections for not less than seven (7) more than ten
(10) years nor more than life and by a fine of not less than Fifty
Thousand Dollars ($50,000.00) more than Twenty-five Thousand Dollars
($25,000.00), which shall be in add ition to other punishment
Req. No. 8864 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provided by law and shall not be imposed in lieu of other
punishment. The possession of any amount of anhydrous ammonia in an
unauthorized container shall be p rima facie evidence of intent to
use such substance to manufacture a c ontrolled dangerous substance.
A second violation of this subsection within ten (10) years of the
date following the completion of the executio n of the prior
sentences is punishable by a term of imprisonment in the custod y of
the Department of Corrections for a term of not more than fifteen
(15) years. A third or subsequent violation of this subsection
within ten (10) years of the date following the completion of the
execution of the prior sentences is punishable by a ter m of
imprisonment in the custody o f the Department of Corrections for a
term of not more than twenty (20) years.
3. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture marijuana in the following amounts:
a. six or fewer marijuana plants capable of producing
less than one (1) kilogram of marijuana, exclu ding
parts of the plant that do not contain hydrocannabinol
shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jai l for a
term of not more than one (1) year and a fine of not
more than One Thousand Dollars ($1,000.0 0),
Req. No. 8864 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. one (1) kilogram to one hundred (100) kilograms of
marijuana or seven to one hundred marijuana plants
shall, upon conviction, be guilty of a felony
punishable by imprisonment in the custody of the
Department of Corrections for a term of not more tha n
three (3) years and a fine of not more than Fifteen
Thousand Dollars ($15,000.00). A second conviction of
this subparagraph within ten (10) years of the date
following the completion of the execution of the prior
sentence is punishable by imprisonment i n the custody
of the Department of Corrections for a term of not
more than six (6) years. A third or subsequent
conviction of this subparagraph within ten (10) years
of the date following the completion of the execution
of the prior sentences is punishabl e by imprisonment
in the custody of the Department of Corrections for a
term of not more than ten (10) years, and
c. one hundred (100) kilograms or more bu t less than one
thousand (1,000) kilograms of marijuana or one hundred
one marijuana plants but less than one thousand
marijuana plants shall, upon conviction, be guilty of
a felony punishable by imprisonment in the cu stody of
the Department of Corrections for a term of not more
than five (5) years an d a fine of not more than
Req. No. 8864 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Fifteen Thousand Dollars ($15 ,000.00). A second
conviction for violation of this subparagraph within
ten (10) years of the date following the com pletion of
the execution of the prior sentence is punishable by a
term of imprisonment in the custody of the Department
of Corrections for a term of not more than ten (10)
years. A third or subsequent conviction of this
subparagraph within ten (10) years of the date
following the completion o f the execution of the prior
sentences is punishable by a term of imprisonment in
the custody of the Department of Corrections for a
term of not more than fifteen (15) years.
4. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlle d dangerous substance in th e following
amounts:
a. one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,
b. five (5) kilograms or more of a mix ture or substance
containing a detectable amount of:
(1) coca leaves, except coca leaves and extracts of
coca leaves from which cocaine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,
Req. No. 8864 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,
(3) ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or
(4) any compound, mixture, or preparation which
contains any quantity of any of the substances
referred to in divisions (1) through (3) of this
subparagraph,
c. fifty (50) grams or more of a mixture or substance
described in division (2) of subparag raph b of this
paragraph which contains cocaine base,
d. one hundred (100) grams or more of phencyclidine (PCP)
or one (1) kilogram or more of a mixture or substance
containing a detectable amount of phencyclidine (PCP),
e. ten (10) grams or more of a mixt ure or substance
containing a detectable amount of lysergic acid
diethylamide (LSD),
f. four hundred (400) grams or more of a mixture or
substance containing a detectable amount of N-phenyl-
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or one
hundred (100) grams or more of a mixture or substance
containing a detectable amount of any analogue of N -
phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]
propanamide,
Req. No. 8864 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable amount o f marihuana
marijuana or one thousand (1000) or more marihuana
marijuana plants regardless of weight, or
h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or five
hundred (500) grams or more of a mixture or substance
containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers,
upon conviction, is guilty o f aggravated manufacturing a contr olled
dangerous substance punishable by imprisonment for not less more
than twenty (20) thirty (30) years nor more than life and by a fine
of not less than Fifty Thousand Dollars ($50,000.00), which shall be
in addition to other punishment provided by law and shall not be
imposed in lieu of other punishment. Any person convicted of a
violation of the pro visions of this paragraph shall be required t o
serve a minimum of eighty-five percent (85%) sixty-five percent
(65%) of the sentence received prior to becoming eligible f or state
correctional earned credits towards the completion of the sentence
or eligible for parole.
4. 5. Any sentence to the custody of the Department of
Corrections for any violation of paragraph 3 4 of this subsection
shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation. A person convicted of
Req. No. 8864 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a second or subsequent violation of the provisions of paragraph 3 4
of this subsection shall be punished as a habi tual offender pursuant
to Section 51.1 of Title 2 1 of the Oklahoma Statutes and shall be
required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state corr ectional
earned credits or eligibility for p arole.
5. 6. Any person who has b een convicted of manufacturing or
attempting to manufacture methamphetamine pursuant to the provision s
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any product,
mixture, or preparation c ontaining any detectable quantity of base
pseudoephedrine or ephedrine shall, upon conviction, be gui lty of a
felony punishable by imprisonment in the custody of the Department
of Corrections for a term in the range of twi ce the minimum term
provided for in paragraph 2 of this subsection.
H. G. Any person convicted of any offense described in the
Uniform Controlled Dangerous Substances Act may, in addition to the
fine imposed, be asses sed an amount not to exceed ten percen t (10%)
of the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous substances cr eated
pursuant to Section 2 -506 of this title.
I. H. Any person convicted of any offe nse described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
Req. No. 8864 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
deposited into the T rauma Care Assistance Revolving Fund created in
Section 1-2522 1-2530.9 of this title.
J. I. For purposes of this sectio n, "public housing project "
means any dwelling or accommodations operated as a state or
federally subsidized multifamily housing projec t by any housing
authority, nonprofit corporation or municipal developer or housing
projects created pursuant to the Okla homa Housing Authorities Act.
K. J. When a person is found guilty of a violation of the
provisions of this section, the court shall or der, in addition to
any other penalty, the defendant to pay a one -hundred-dollar
assessment to be dep osited in the Drug A buse Education and Treatment
Revolving Fund created in Section 2-503.2 of this title, upon
collection.
L. K. Any person convicted of a second or subsequent felony
violation of the provisions of this section, except for paragraphs 1
and, 2 and 3 of subsection B of this section, paragraphs 2, 3, 4 and
5 of subsection C of this section, paragraphs 1, 2, and 3 of
subsection E D of this section and, paragraphs 1 and 2 of subsection
F E of this section and paragraphs 2 and 3 of s ubsection F of this
section, shall be punished as a habitual offend er pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8864 GRS 01/05/22