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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3462 By: Grego
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Section 2 -415, which relates to the
Uniform Controlled Dangerous Sub stances Act;
decreasing quantity for certain controlled dangerous
substance; 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 -415, is
amended to read as follows:
Section 2-415. A. The provisions of the Trafficking in Illegal
Drugs Act shall apply to persons convicted of violations with
respect to the following substances:
1. Marijuana;
2. Cocaine or coca leaves;
3. Heroin;
4. Amphetamine or methamphetamine;
5. Lysergic acid diethylamide (LSD);
6. Phencyclidine (PCP);
7. Cocaine base, commonly known as "crack" or "rock";
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8. 3,4-Methylenedioxy methamphetamine, commonly known as
"ecstasy" or MDMA;
9. Morphine;
10. Oxycodone;
11. Hydrocodone;
12. Benzodiazepine; or
13. Fentanyl and its analogs and derivatives.
B. Except as otherwise authorized by the Uniform Controlled
Dangerous Substances Act, it shall be unlawful for any person to:
1. Knowingly distribute, manufacture, b ring into this state or
possess a controlled substance specified in subsection A of this
section in the quantities specified in subsection C of this section;
2. Possess any controlled substance with the intent to
manufacture a controlled substance specifi ed in subsection A of this
section in quantities specified in subsection C of this section; or
3. Use or solicit the use of services of a person less than
eighteen (18) years of age to distribute or manufacture a controlled
dangerous substance specified i n subsection A of this section in
quantities specified in subsection C of this section.
Violation of this section shall be known as "trafficking in
illegal drugs". Separate types of controlled substances described
in subsection A of this section when poss essed at the same time in
violation of any provision of this section shall constitute a
separate offense for each substance.
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Any person who commits the conduct described in paragraph 1, 2
or 3 of this subsection and represents the quantity of the
controlled substance to be an amount described in subsection C of
this section shall be punished under the provisions appropriate for
the amount of controlled substance represented, regardless of the
actual amount.
C. In the case of a violation of the provisions o f subsection B
of this section, involving:
1. Marijuana:
a. twenty-five (25) pounds or more of a mixture or
substance containing a detectable amount o f marijuana
shall be punishable by a fine of not less than Twenty -
five Thousand Dollars ($25,000.00) and not more than
One Hundred Thousand Dollars ($100,000.00), or
b. one thousand (1,000) pounds or more of a mixture or
substance containing a detectable amount o f marijuana
shall be deemed aggravated trafficking punishable by a
fine of not less than One Hundr ed Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
2. Cocaine, coca leaves or cocaine base:
a. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be punishable by a
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fine of not less than Twenty -five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00),
b. three hundred (300) grams or more of a mixture or
substance containing a detectable amo unt of cocaine,
coca leaves or cocaine base shall be punishable by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture o r
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be deemed aggravated
trafficking punishable by a fine of not less than One
Hundred Thousand Dollars ($100,000.00) and not more
than Five Hundred Thousand Dollars ($500 ,000.00);
3. Heroin:
a. ten (10) grams or more of a mixture or substance
containing a detectable amount of heroin shall be
punishable by a fine of not less than Twenty -five
Thousand Dollars ($25,000.00) and not more than Fifty
Thousand Dollars ($50,000.00 ), or
b. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of heroin
shall be deemed aggravated trafficking punishable by a
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fine of not less than Fifty Thousand Dollars
($50,000.00) and not more than Five Hundred Thou sand
Dollars ($500,000.00);
4. Amphetamine or methamphetamine:
a. twenty (20) ten (10) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be punishable by
a fine of not less than Twenty -five Thousand Dollars
($25,000.00) and not more than Two Hundred Thousand
Dollars ($200,000.00),
b. two hundred (200) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be punishable by
a fine of not less than Fifty Thousand Dollars
($50,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be deemed
aggravated trafficking punishable by a fine of not
less than Fifty Thousand Dollars ($50,000.00) and not
more than Five Hundred Thousand Dollars ($500,000.00);
5. Lysergic acid diethylamide (LSD):
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a. one (1) gram or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be trafficking punishable by
a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20)
years and by a fine of not less than Fifty Thousand
Dollars ($50,000.00) and not more than One Hundred
Thousand Dollars ($100,000.00), or
b. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be aggravated trafficking
punishable by a term of imprisonment in the custody of
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than One Hundred Thousand Dollars ($100,000.00) and
not more than Two Hundred Fifty Thousand Dollars
($250,000.00);
6. Phencyclidine (PCP):
a. twenty (20) grams or more of a substance containing a
mixture or substance containing a detectable amount of
phencyclidine (PCP) shall be trafficking punishable by
a term of imprisonment in the custody of the
Department of Corrections not to ex ceed twenty (20)
years and by a fine of not less than Twenty Thousand
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Dollars ($20,000.00) and not more than Fifty Thousand
Dollars ($50,000.00), or
b. one hundred fifty (150) grams or more of a substance
containing a mixture or substance containing a
detectable amount of phencyclidine (PCP) shall be
aggravated trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life and by a fine of not less than Fifty
Thousand Dollars ($50,000.00) and not more than Two
Hundred Fifty Thousand Dollars ($250,000.00);
7. Methylenedioxy methamphetamine:
a. thirty (30) tablets or ten (10) grams of a mixture or
substance containing a detectable amount of 3,4 -
Methylenedioxy methamphetamine s hall be trafficking
punishable by a term of imprisonment in the custody of
the Department of Corrections not to exceed twenty
(20) years and by a fine of not less than Twenty -five
Thousand Dollars ($25,000.00) and not more than One
Hundred Thousand Dollars ($100,000.00), or
b. one hundred (100) tablets or thirty (30) grams of a
mixture or substance containing a detectable amount of
3,4-Methylenedioxy methamphetamine shall be deemed
aggravated trafficking punishable by a term of
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imprisonment in the custody o f the Department of
Corrections of not less than two (2) years nor more
than life by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five
Hundred Thousand Dollars ($500,000.00);
8. Morphine: One thousand (1,000) grams or more of a mixture
containing a detectable amount of morphine shall be trafficking
punishable by a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand D ollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ($500,000.00);
9. Oxycodone: Four hundred (400) grams or more of a mixture
containing a detectable amount of oxycodone shall be trafficking
punishable by a term of imprisonment in the c ustody of the
Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ($500,000.00);
10. Hydrocodone: Three thousand seven hundre d fifty (3,750)
grams or more of a mixture containing a detectable amount of
hydrocodone shall be trafficking punishable by a term of
imprisonment in the custody of the Department of Corrections not to
exceed twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00);
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11. Benzodiazepine: Five hundred (500) grams or more of a
mixture containing a detectable amount of benzodiazepine shall be
trafficking punishable by a term of imprisonment not to exceed
twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00); and
12. Fentanyl and its analogs and derivatives :
a. one (1) gram or more of a mixture containing fentanyl
or carfentanil, or any fentanyl analogs or derivatives
shall be trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more tha n Two Hundred Fifty
Thousand Dollars ($250,000.00), or
b. five (5) grams or more of a mixture containing
fentanyl or carfentanil, or any fentanyl analogs or
derivatives shall be ag gravated trafficking punishable
by a term of imprisonment in the custody of the
Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than Two Hundred Fifty Thousand Dollars ($250,000.00)
and not more than Fi ve Hundred Thousand Dollars
($500,000.00).
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D. Any person who violates the provisions of this section with
respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
amphetamine or methamphetamine in a quantity specified in paragraphs
1, 2, 3 and 4 of subsection C of this section shall, in addition to
any fines specified by this section, be punishable by a term of
imprisonment as follows:
1. For trafficking, a first violation of this section, a term
of imprisonment in the custody of the Department o f Corrections not
to exceed twenty (20) years;
2. For trafficking, a second violation of this section, a term
of imprisonment in the Department of Corrections of not less than
four (4) years nor more than life, for which the person shall serve
fifty percent (50%) of the sentence before being eligible for parole
consideration;
3. For trafficking, a third or subsequent violation of this
section, a term of imprisonment in the custody of the Department of
Corrections of not less than twenty (20) years nor mor e than life,
of which the person shall serve fifty percent (50%) of the sentence
before being eligible for parole consideration.
Persons convicted of trafficking shall not be eligible for
earned credits or any other type of credits which have the effect of
reducing the length of sentence to less than fifty percent (50%) of
the sentence imposed; and
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If the person is conv icted of aggravated trafficking , the person
shall serve eighty-five percent (85%) of such sentence before being
eligible for parole consider ation.
E. The penalties specified in subsections C and D of this
section are subject to the enhancements enumerated in subsections E
and F of Section 2-401 of this title.
F. Any person convicted of any offense 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
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title and the assessment pursuant to
Section 2-503.2 of this title.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8593 GRS 01/06/22