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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3747 By: Lowe (Jason)
AS INTRODUCED
An Act relating to penalties for drug off enses;
amending 63 O.S. 2021, Section s 2-401, 2-407, 2-415
and 2-503.1, which relate to the Uniform Controlled
Dangerous Substances Act; removing minimum mandatory
penalties for certain drug offenses ; and providing an
effective date.
BE IT ENACTED BY THE PEOPL E 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, dispense, transport with intent to distribute
or dispense, possess with intent to manufacture, distribute, or
dispense, a controlled dangerous substance or to 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 dange rous
substance;
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2. To create, 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.
B. Any person who violates the provisions of this section with
respect to:
1. A substance classified in Schedule I or II, except for
marijuana, 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 term of
imprisonment in the custody of the Department of Corre ctions for not
more than seven (7) years and a fine of not more than One Hundred
Thousand Dollars ($100,000.00), which shall be in addition to other
punishment provided by law and shall not be imposed in lieu of other
punishment. A second conviction for t he violation of provisions of
this paragraph is a felony punishable by a term of imprisonment in
the custody of the Department of Corrections for not more than
fourteen (14) years. A third or subsequent conviction for the
violation of the provisions of th is paragraph is a felony punishab le
by a term of imprisonment in the custody of the Department of
Corrections for not more than twenty (20) years;
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2. Any other controlled dangerous substance 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 more than five (5)
years and a fine of not more than Twenty Thousand Dollars
($20,000.00), which shall be in addition to o ther punishment
provided by law and shall not be imposed in lieu of other
punishment. A second conviction for the violation of the provisions
of this paragraph is a felony punishable by a term of imprisonment
in the custody of the Department of Correction s for not more than
ten (10) years. A third or subsequent conviction for the violation
of the provisions of this paragraph is a felony punishable by a term
of imprisonment in the custody of the Department of Corrections for
not more than fifteen (15) year s; or
3. 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 fi ne of not more
than One Thousand Dollars ($1,000.00). A person convicted of a
second violation of the provisions of this paragraph 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 Five Thousand Dollars ($5,000.00),
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which shall be in addition to other 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 Un ited States Department of Health and Human
Services, it shall be unlawful for any person to manufacture or
distribute a controlled substance or synthetic controlled substance.
2. Any person convicted of violating the provi sions of
paragraph 1 of this subs ection with respect to distributing 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 no t 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.
3. A second conviction for the violation of the provisions of
paragraph 1 of this s ubsection with respect to distrib uting 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 to exceed twenty (20) years. A third or
subsequent conviction for the violation of the provision s 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 to exceed life.
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4. Any person convicted of violatin g the provisions of
paragraph 1 of this subs ection with respect to manufacturing 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 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 respect to manufa cturing 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 to exceed twenty (20) years. A third or
subsequent conviction for the violation of t he 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 to exceed life.
D. Convictions for vio lations of the provisions of this section
shall be subject to the statuto ry provisions for suspended or
deferred sentences, or probation as provided in Section 991a of
Title 22 of the Oklahoma Statutes.
E. Any person who is at least eighteen (18) years of age and
who violates the provisions of this section by using or soliciti ng
the use of services of a person less than eighteen (18) years of age
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to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous su bstance or by
distributing a controlled dang erous substance to a person u nder
eighteen (18) years of age, or in the presence of a person under
twelve (12) years of age, is punishable by:
1. For a first violation of this section, a term of
imprisonment in the custody of the Department of Corrections not
less than two (2) years nor more than to exceed ten (10) years;
2. For a second violation of this section, a term of
imprisonment in the custody of the Department of Corrections for not
less than four (4) y ears nor more than to exceed twenty (20) years;
or
3. For a third or subsequent violation of this section, a term
of imprisonment in the custody of the Department of Corrections for
not less than ten (10) years nor more than to exceed life.
F. Any person who violates any provision of this section by
transporting with intent to distribute or dispense, dist ributing or
possessing with intent to distribute a controlled dangerous
substance to a person, or violation of subsection G of this section,
in or on, or within two thousand (2,000) feet of the rea l property
comprising a public or private elementary or sec ondary 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 ar eas, public
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housing project, or child care facility as defi ned by Section 402 of
Title 10 of the Oklahoma Statutes, shall be punished by:
1. For a first offense, a term of imprisonment in the custody
of the Department of Corrections, 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, a term
of imprisonment in the custody of the De partment 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 statutory provisions of
suspended sentences, deferred sentences or probation.
G. 1. Except as auth orized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person to manufacture
or attempt to manufacture any controlled da ngerous substance or
possess any substance l isted in Section 2-322 of this title or any
substance containing any detectable amount of pseudoephedrine or its
salts, optical isomers or salts of optical isomers, iodine or its
salts, optical isomers or salts o f optical isomers, hydriodic acid,
sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
organic solvents with the intent to use that substance to
manufacture a controlled dangerous substance.
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2. Any person violating the provisions of this subsec tion with
respect to the unlawful manufactur ing or attempting to unlawfully
manufacture any controlled dangerous substance, or possessing any
substance listed in this subsection or Section 2 -322 of this title,
upon conviction, is guilty of a felony and sha ll be punished by
imprisonment for a term not less than seven (7) years nor more than
to exceed life and by a fine of no t 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. The possessio n 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 controlled dangerous substance.
3. Any person violating the provis ions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlle d dangerous substance in the 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 m ixture 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,
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(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 subparagraph b of this
paragraph which contains cocaine base,
d. one hundred (100) grams or more of phencyclidine (PC P)
or 1 kilogram or more of a mixture or sub stance
containing a detectable amount of phencyclidine (PCP),
e. ten (10) grams or more of a mixture 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 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,
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g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable amount o f marihuana
or one thousand (1000) or more marihuana plants
regardless of weight, or
h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or 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 of aggravated manufacturing a controlled
dangerous substance punishable by imprisonment for not less than
twenty (20) 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 i n lieu of
other punishment. Any person conv icted of a violation of the
provisions of this paragraph shall be required t o serve a minimum of
eighty-five percent (85%) of the sentence received prior to becoming
eligible for state correctional earned credits towards the
completion of the sentence or e ligible for parole.
4. Any sentence to the custody of the Department of Cor rections
for any violation of paragraph 3 of this subsection shall not be
subject to statutory provisions for suspended sentences, defer red
sentences, or probation. A person convi cted of a second or
subsequent violation of the provisions of paragraph 3 of this
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subsection shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 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 parole.
5. Any person who has been convicted of manufacturing or
attempting to manufacture m ethamphetamine pursuant to the provisions
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any product,
mixture, or preparation containing any detectable quantity of base
pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
felony punishable by imprisonment in the custody of the Department
of Corrections for a term in the range of twice the minimum term
provided for in paragraph 2 of this subsection not to exceed life.
H. Any person convicted of any offense described in th e Uniform
Controlled Dangerous Substances Act may, in addition to the fine
imposed, be assessed an amount not to exceed ten percent (10%) of
the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous subs tances created
pursuant to Section 2-506 of this title.
I. 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
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deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 1-2530.9 of this title.
J. For purposes of this section, "public housing project " means
any dwelling or accommodations operated as a state or federally
subsidized multifamily housing pro ject by any housing authority,
nonprofit corporation or municipal developer or housing projects
created pursuant to the Oklahoma Housing Authorities Act.
K. 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 Abuse Education and Treatment
Revolving Fund created in Section 2 -503.2 of this title, up on
collection.
L. Any person convicted of a se cond or subsequent felony
violation of the provisions of this section, except for paragraphs 1
and 2 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
of this section and parag raphs 1 and 2 of subsection F of this
section, shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes.
SECTION 2. AMENDATORY 63 O.S. 20 21, Section 2-407, is
amended to read as follow s:
Section 2-407. A. No person shall obtain or attempt to obtain
any preparation excepted from the provisions of the Uniform
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Controlled Dangerous Substances Act pursuant to Section 2 -313 of
this title in a manner inconsistent with the provisions of parag raph
1 of subsection B of Section 2-313 of this title, or a controlled
dangerous substance or procure or attempt to procure the
administration of a controlled dangerous substance:
1. By fraud, deceit, misrepr esentation, or subterfuge;
2. By the forgery o f, alteration of, adding any information to
or changing any information on a prescription or of any written
order;
3. By the concealment of a material fact;
4. By the use of a false name or the giving of a f alse address;
or
5. By knowingly failing to di sclose the receipt of a controlled
dangerous substance or a prescription for a controlled dangerous
substance of the same or similar therapeutic use from another
practitioner within the previous thirty (30) da ys.
B. Except as authorized by this act, a per son shall not
manufacture, create, deliver, or possess with intent to manufacture,
create, or deliver or possess a prescription form, an original
prescription form, or a counterfeit prescription form. This sh all
not apply to the legitimate manufacture or delivery of prescription
forms, or a person acting as an authorized agent of the
practitioner.
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C. Information communicated to a physician in an effort
unlawfully to procure a controlled dangerous substance, o r
unlawfully to procure the administration of a ny such drug, shall not
be deemed a privileged communication.
D. Any person who violates this section is guilty of a felony
punishable by imprisonment for not more than ten (10) years, by a
fine of not more than Ten Thousand Dollars ($10,000.00), or by bo th
such fine and imprisonment. A second or subsequent offense under
this section is a felony punishable by imprisonment for a term not
less than four (4) years nor more than to exceed twenty (20) years,
by a fine of not more than Twenty Thousand D ollars ($20,000.00), or
by both such fine and imprisonment.
E. Convictions for second or subsequent violations of this
section shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
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 Fun d created in
Section 1-2530.9 of this title.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2 -415, is
amended to read as follows:
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Section 2-415. A. The provisions of the Trafficking in Illegal
Drugs Act shall apply to persons convi cted of violations with
respect to the followin g 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";
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 Unif orm Controlled
Dangerous Substances Act, it sha ll 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 subsect ion C of this section;
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2. Possess any controll ed 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 o f 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.
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, regardles s of the
actual amount.
C. In the case of a violation of the provisions o f subsection B
of this section, invol ving:
1. Marijuana:
a. twenty-five (25) pounds or more of a mixture or
substance containing a det ectable amount of marijuana
shall be punishable by a fine of not less than Twenty-
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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 ba se:
a. twenty-eight (28) grams or more of a mix ture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be punishab le by a
fine of not less than Twenty -five Thousand Dollars
($25,000.00) and not more than One Hundred T housand
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 detec table amount of cocaine,
coca leaves or cocaine base shall be deemed aggravated
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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
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) 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
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amphetamine or methamphetamine shall be punishable by
a fine of not less than Fift y Thousand Dollars
($50,000.00) and not more t han Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a det ectable amount of
amphetamine or methamphetamine shall be deemed
aggravated trafficking punishabl e 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):
a. one (1) gram or more of a mixture or substance
containing a detectable amount of lyse rgic 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) a nd 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 t he 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 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 substan ce 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 exceed 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 m ore 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 n or 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:
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a. thirty (30) tablets or ten (10) grams of a mixture or
substance containing a detectable amount of 3,4-
Methylenedioxy methamphetamine shall be trafficking
punishable by a term of impris onment 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 ($1 00,000.00), 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
imprisonment in the custody of th e Department of
Corrections of not less than t wo (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 amou nt of morphine shall be trafficking
punishable by a term of imprisonment in the custody o f the
Department of Corrections not to exceed t wenty (20) years and by a
fine of not less than One Hundred Thousand Dolla rs ($100,000.00) and
not more than Five Hundre d Thousand Dollars ($500,000.00);
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9. Oxycodone: Four hundred (400) grams or more of a m ixture
containing a detectable amount of oxycod one shall be trafficking
punishable by a term of imprisonment in the custo dy of the
Department of Corrections not to exc eed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,0 00.00) 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 containi ng a detectable amount of
hydrocodone shall be trafficking punishable by a term of
imprisonment in the custody of the Department of Corr ections not to
exceed twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and no t 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 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 Depa rtment of
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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 aggrav ated 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 Five H undred 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 thi s section, a term
of imprisonment in the custody of the Department of Co rrections not
to exceed twenty (20) years; or
2. For trafficking, a second or subsequent violation of this
section, a term of imprisonme nt in the Department of Corrections of
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not less than four (4) years nor more than not to exceed 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 subse quent violation of this
section, a term of impr isonment in the custody of the Department of
Corrections of not less than twenty (20) years nor more th an life,
of which the person shall serve fifty percent (50%) of the sentence
before being eligible for par ole consideration.
Persons convicted of traffic king 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.
If the person is convicted of aggravated trafficking , the person
shall serve eighty-five percent (85%) of such sentence before being
eligible for parole consideratio n.
E. The penalties specified in subsections C and D of this
section are subject to the enhancements enu merated 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 Fu nd created in
Section 1-2530.9 of this title and the assessment pursuant to
Section 2-503.2 of this title.
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SECTION 4. AMENDATORY 63 O.S. 2021, Section 2 -503.1, is
amended to read as f ollows:
Section 2-503.1 A. It is unlawful for any person knowingly or
intentionally to receive or acquire proceeds and to conceal such
proceeds, or engage in transactions in volving proceeds, known to be
derived from any violation of the Uniform Controlle d Dangerous
Substances Act, Section 2 -101 et seq. of this title, or of any
statute of the United States relating to controlled dangerous
substances as defined by the Uniform C ontrolled Dangerous Substances
Act, Section 2-101 et seq. of this title. This su bsection does not
apply to any transaction betw een an individual an d the counsel of
the individual necessary to preserve the right to representation of
the individual, as guar anteed by the Oklahoma Constitution and by
the Sixth Amendment of the United Stat es Constitution. However,
this exception does not create any presu mption against or
prohibition of the right of the state to seek and obtain forfeiture
of any proceeds derive d from a violation of the Uniform Controlled
Dangerous Substances Act, Section 2 -101 et seq. of this title, or of
any statute of the United States relating to controlled dangerous
substances as defined by the Uniform Controlled Dangerous Substances
Act, Section 2-101 et seq. of this title.
B. It is unlawful for any person knowingly or intentionally to
give, sell, transfer, trade, invest, conceal, tra nsport, or maintain
an interest in or otherwise make available anything of value which
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that person knows is intended to be used for the purpose of
committing or furthering the commission of any violation of the
Uniform Controlled Danger ous Substances Act, Section 2-101 et seq.
of this title, or of any statute of the United States relating to
controlled dangerous substances as defined by the Uniform Controlled
Dangerous Substances Act, Sectio n 2-101 et seq. of this title.
C. It is unlawful for any person kn owingly or intentionally to
direct, plan, organize, initiate, finance, manage, supervise, or
facilitate the transportation or transfer of proceeds known to be
derived from any violation of the Uniform Controlled Dangerous
Substances Act, Section 2-101 et seq. of this title, or of any
statute of the United States relating to controlled dangerous
substances as defined by the Uniform Controlled Dangerous Substances
Act, Section 2-101 et seq. of this title.
D. It is unlawful for any person knowingly or intenti onally to
conduct a financial transaction involving proceeds derived from a
violation of the Uniform Control led Dangerous Substances Act,
Section 2-101 et seq. of this title, or of any stat ute of the United
States relating to controlled dangerous substances as defined by the
Uniform Controlled Dangerous Substances Act, Section 2 -101 et seq.
of this title, when t he transaction is designed in whole or in part
to conceal or disguise the nature, location, source, ownership, or
control of the proceeds known to be derived from a violation of the
Uniform Controlled Dangerous Substances Act, Section 2 -101 et seq.
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of this title, or of any statute of the United States relating to
controlled dangerous s ubstances as defined by the Uniform Controlled
Dangerous Substances Act, Section 2-101 et seq. of this title, or to
avoid a transaction reporting requirement under state or fe deral
law.
E. Any person convicted of violating any of the provisions of
this section is guilty of a felony and may be punished by
imprisonment in the custody of the Department of Correctio ns for a
term not less than two (2) years nor more than to exceed ten (10)
years or by a fine of not more than Fifty Thousand Dolla rs
($50,000.00) or by both said imprisonment and fine.
SECTION 5. This act shall become effective November 1, 2022.
58-2-10192 GRS 01/11/22