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ENGROSSED HOUSE
BILL NO. 1615 By: Worthen of the House
and
Howard of the Senate
An Act relating to public health and safety; ame nding
63 O.S. 2021, Section 2-402, which relates to the
Uniform Controlled Dangerous Substances Act;
providing separate penalties for unlawfully
possessing controlled dangerous substances;
authorizing the referral of violations to certain
courts; authorizing municipalities to adopt
ordinances; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 20 21, Section 2-402, is
amended to read as follows:
Section 2-402. A. 1. It shall be unlawful for any person
knowingly or intentionally to p ossess a controlled dangerous
substance unless such substance was obtained directly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or her professional practice, or except as
otherwise authorized by this act.
2. It shall be unlawful for any person to purchase any
preparation excepted from the provisions of the Unifo rm Controlled
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Dangerous Substances Act pursuant to Section 2 -313 of this title in
an amount or within a time interval other than that permitt ed by
Section 2-313 of this title.
3. It shall be unlawful for any person or business to sell,
market, advertise or label any product containing ephedrine, its
salts, optical isomers, or salts of optical isomers, for the
indication of stimulation, mental alertness, weight loss, appetite
control, muscle development, energy or other indication which is not
approved by the pertinent federal OTC Final Monograph, Tentative
Final Monograph, or FDA-approved new drug application or its legal
equivalent. In determ ining compliance with this requirement, the
following factors shall be considered:
a. the packaging of the product,
b. the name of the product, and
c. the distribution and promotion of the product,
including verbal representations made at the point of
sale.
B. 1. Any person who violates this section is guilty of a
misdemeanor punishable by confinement for not more than one (1) year
and by a fine not exceeding One Thousand Dollars ($1, 000.00).
2. Any person who is convicted, receives a deferred sentence,
or receives a suspended sentence for an offense provided for in this
section, excluding the use of marijuana, and receives a second
conviction within ten (10) years for an offense provided for in this
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section shall, upon conviction, be guilty of a misdemeanor
punishable as such terms are provided for in paragraph 1 of this
subsection. In addition, the person may be required to:
a. complete a substance abuse assessment or evaluation
and follow the recommendatio ns subsequent thereto, and
b. complete a drug diversion program for u p to one (1)
year following the date of conviction as ordered by
the court. If the person refuses or fails to complete
the drug diversion program, the person may be subject
to the terms of punishment provided for in paragraph 1
of this subsection.
3. Any person who is convicted, receives a deferred sentence,
or receives a suspended sentence for an offense provided for in this
section, excluding the use of marijuana, and receives a third or
subsequent conviction within ten (10) years for an offense provided
for in this section shall, upon conviction, be guilty of a
misdemeanor punishable as such terms are provided for in paragraph 1
of this subsection. In addition, the person may be required to:
a. complete a substance abuse assessment or evaluation
and follow the recommendations subsequent thereto, and
b. complete a drug diversion program for up to three (3)
years following the date of conviction as ordered by
the court. If the person refuses or fails to complete
the drug diversion program, the person may be subject
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to the terms of punishment provided for in paragraph 1
of this subsection.
C. Violations under this section shall be referred to the state
or to a municipal court of record for prosecution. The offense may
be prosecuted in a municipal court n ot of record if the court has
the discretion to requir e any of the drug di version options outline d
in subparagraphs a and b of paragraph s 2 and 3 of subsection B of
this section as a component of a sentence, deferred sente nce, or
suspended sentence. Municipal courts may adopt ordinances
consistent with the provisions of this section.
D. Any person convicted of any offense de scribed 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.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate