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ENGROSSED HOUSE
BILL NO. 3462 By: Grego and Bashore of the
House
and
Weaver of the Senate
[ public health and safety - decreasing quantity for
certain controlled dangerous sub stance - 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);
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7. Cocaine base, commonly known as "crack" or "rock";
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 contro lled
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
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violation of any provision of this section shall constitute a
separate offense for each substance.
Any person who commits the conduct de scribed in paragraph 1, 2
or 3 of this subsection and repr esents 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 re presented, 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:
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a. twenty-eight (28) grams or more of a mixture or
substance containing a detecta ble amount of cocaine,
coca leaves or cocaine base 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),
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 Hundr ed 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 On e
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 tha n Fifty
Thousand Dollars ($50,000.00 ), or
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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
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
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less than Fifty Thousand Dollars ($50,000.00) and not
more than Five Hundred Thousand Dollars ($500,000.00);
5. Lysergic acid diethylamide (LSD):
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 Correctio ns 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 lys ergic 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 Thousan d 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
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a term of imprisonment in the custody o f the
Department of Corrections not to ex ceed twenty (20)
years and by a fine of not less than Twenty Thousand
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) gra ms of a mixture or
substance containing a detectable amoun t 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 n ot more than One
Hundred Thousand Dollars ($100,000.00), or
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b. one hundred (100) tablets or thirty (30) grams of a
mixture or substance containing a detectable amount of
3,4-Methylenedioxy methamphe tamine shall be deemed
aggravated trafficking punishable b y a term of
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 n ot 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
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imprisonment in the cust ody 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);
11. Benzodiazepine: Five hundred (500) grams or more of a
mixture containing a detectable amount of benzod iazepine 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 Hu ndred
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 fent anyl 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)
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years nor more than life and by a fine of not less
than Two Hundred Fifty Thousand Dol lars ($250,000.00)
and not more than Fi ve Hundred Thousand Dollars
($500,000.00).
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 w hich 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 impris onment 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.
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Persons convicted of trafficki ng shall not be eligible for
earned credits or any other t ype of credits which have the effect of
reducing the length of sentence to less than fifty percent (50%) of
the sentence imposed; and
If the person is conv icted of aggravated trafficking , the person
shall serve eighty-five percent (85%) of such sentence be fore 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 descr ibed 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 assessme nt pursuant to
Section 2-503.2 of this title.
SECTION 2. This act shall become effective November 1, 2022.
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Passed the House of Representatives the 9th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate