An Act
ENROLLED HOUSE
BILL NO. 2153 By: Ford, Humphrey, McDugle,
Banning, Tedford, George,
Hardin, Grego, Williams,
Manger, Patzkowsky,
Luttrell, and May of the
House
and
Bergstrom, Pederson, and
Standridge of the Senate
An Act relating to the Uniform Controlled Dangerous
Substances Act; amending 63 O.S. 2021, Section 2 -402,
as amended by Section 3, State Quest ion No. 780,
Initiative Petition No. 404, which relates to
prohibited acts and pen alties; updating statutory
reference; providing for misdemeanor upon conviction;
authorizing the court to make certain orders under
certain circumstances; authorizing certain drug
testing requirement; authorizing the court to impose
certain punishment; requiring certain felony;
requiring certain felony change to a misdemeanor
under certain circumstances; prohibiting application
of certain provisions for possession of marijuan a;
and providing an effective date.
SUBJECT: Uniform Controlled Dangerous Substances Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Secti on 2-402, as
amended by Section 3, State Question No. 780, In itiative Petition
No. 404, is amended to read as follows:
Section 2-402. A. 1. It shall be unlawful for any person
knowingly or intentionally to possess a controlled dangerous ENR. H. B. NO. 2153 Page 2
substance unless such substance was obtained d irectly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or her prof essional practice, or except as
otherwise authorized by this act Section 2-101 et seq. of this
title.
2. It shall be unlawful for any p erson to purchase any
preparation excepted from the provi sions of the Uniform Controlled
Dangerous Substances Act pursua nt to Section 2-313 of this title in
an amount or within a time interval other than that permitted 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 sa lts 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, Ten tative
Final Monograph, or FDA -approved new drug application or its legal
equivalent. In determining 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 th e product,
including verbal representations made at the point of
sale.
B. 1. Any person who violates this s ection is guilty of a
misdemeanor punishable by confineme nt for not more than one (1) year
and by a fine not exceeding O ne Thousand Dollars ($1,00 0.00).
2. Any person who violates this section a second time within
ten (10) years, upon conviction, shall be guilty of a misdemeanor.
The court may, with the consen t of the defendant, order the
defendant to complete a substa nce abuse assessment and evaluation
and to complete a diversion program for up to one (1) year following
the date of conviction in lieu of other punishments. At the
discretion of the court, the diversion program may include drug
testing as a requirement. If the defendant refuses or fails to
complete the assessment and evaluation or diversion program, the
court may impose punishment as provided for in paragraph 1 of this ENR. H. B. NO. 2153 Page 3
subsection. The provisions of this paragraph shall not apply to
violations related to the possession of marijuana .
3. Any person who violates this section a third time within ten
(10) years shall, upon conviction, be guilty of a misdemeanor
punishable by a fine not exceeding One Thousand Dollars ($1,000.00),
imprisonment in the county jail for a minimum of thirty ( 30) days,
or by both such fine and imprisonment. The court may, with the
consent of the defendant, order the defendant to complete a
substance abuse assessment and evaluation and to com plete a
diversion program for up to three (3) years following the date of
conviction. At the discretion of the court, the diversion program
may include drug testing as a requirement . If the defendant refuses
or fails to complete the assessment and evalua tion or diversion
program, the court may impose punishment as provided for in
paragraph 1 of this subsection. The provisions of this paragraph
shall not apply to violations related to the possession of
marijuana.
4. a. Any person who violates this section a fourth time
within ten (10) year s shall, upon conviction, be
guilty of a felony punishable by a fine not exceeding
Five Thousand Dollars ($5,000.00), imprisonment in the
custody of the Department of Corrections for not less
than one (1) year nor mo re than five (5) years , or by
both such fine and imprisonment .
b. Upon a verdict or plea of guilty or upon a plea of
nolo contendere, but before a judgment of guilt of a
violation of this paragr aph, the court may, without
entering a judgment of guilt and with the consent of
the defendant, defer further proceedings upon the
specific conditions prescribed by the court not to
exceed a three-year period. The court may, with the
consent of the defend ant, order the defendant to
complete a substance abuse asse ssment and evaluation
and to complete a diversi on program for up to three
(3) years.
c. Upon successful completion of the court-ordered
substance abuse assessment and evaluation and
diversion program within the time prescribed, the
felony charge shall be changed to a misdemeanor . If
the defendant refuses or fails to complete the
assessment and evaluation or diversion program, the ENR. H. B. NO. 2153 Page 4
court may impose punishment as provided for in
subparagraph a of this paragraph.
d. The provisions of this paragraph shall not apply to
violations related to the possession of marij uana.
C. 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 Dolla rs ($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.
ENR. H. B. NO. 2153 Page 5
Passed the House of Representatives the 16th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 27th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________