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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2282 By: Echols
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Sections 2 -304 and 2-305, which relate
to the Uniform Controlled Dangerous Substances Act;
providing for the annulment of registrations;
allowing for the impounding and preserving of
controlled dangerous substances upon revocation of
registration; requiring registrants to maintain
controlled dangerous substances not subject to
impoundment or revocation; prohibiting the purchase,
distribution, sale, or transfer of controlled
dangerous substances until conclusion of appeals;
providing for the assessment of adm inistrative
penalties; authorizing forfeiture of controlled
dangerous substances upon certain finding; providing
for the assessment of drug cleanup fines; increasing
time limit when ordering registrants to appear for
show cause hearings; providing construing provisions ;
providing agents and inspectors the authority to
issue citations; stating contents of citations;
allowing certain personnel the ability to initiate
individual proceedings against registrants; amending
63 O.S. 2021, Section 2-325, which relates to the
Precursor Substances Act; providing for the annulment
of licenses or permits un der certain circumstances;
increasing time limit when ordering registrants to
appear for show cause hearings; providing construing
provision; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 63 O.S. 2021 , Section 2-304, is
amended to read as follows:
Section 2-304. A. A registration, pursuant to Section 2 -303 of
this title, to manufacture, distribute, dispense, prescribe,
administer or use for scientific purposes a controlled dan gerous
substance shall be limited, conditioned, denied, suspended ,
annulled, or revoked by the Director upon a finding that the
registrant:
1. Has materially falsified any application filed pursuant to
the Uniform Controlled Dangerous Substances Act or required by t he
Uniform Controlled Dangerous Substances Act . It shall be unlawful
to knowingly and willfully:
a. make false statements, include false dat a or omit
material information on an application for a
registration with the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, or
b. provide false data or omit material information in any
records or reports required by rule or law to be
created, maintained or submitted to the Bureau .
Any registrant or applic ant for a registration or any official,
agent or employee of any registrant or applicant for a registration
who violates the provisions of this paragraph shall be guilty of a
misdemeanor and additionally subject to administrative action ;
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2. Has been found guilty of, entered a plea of guilty or
entered a plea of nolo contendere to a misdemeanor relating to any
substance defined herein as a controlled dangerous substance or any
felony under the laws of any state or the United States;
3. Has had his or her f ederal registration retired, suspended
or revoked by a competent federal authority and is no longer
authorized by federal la w to manufacture, distribute, dispense,
prescribe, administer or use for scientific purposes controlled
dangerous substances;
4. Has failed to maintain effective controls against the
diversion of controlled dangerous substances to unauthorized persons
or entities;
5. Has prescribed, dispensed or administered a control led
dangerous substance from schedules other than those specified i n his
or her state or federal registration;
6. Has had a restriction, suspension, revocation, limitation,
condition or probation placed on his or her professional license or
certificate or practice as a result of a proceeding pursuant to the
general statutes;
7. Is abusing or, within the past five (5) years, has abused or
excessively used drugs or controlled dangerous sub stances;
8. Has prescribed, sold, administered or ordered any contro lled
dangerous substance for an immediate family member, himself or
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herself; provided that this shall not apply to a medical emergency
when no other doctor is available to respond to the emergency ;
9. Has possessed, used, prescribed, dispensed or administered
drugs or controlled dangerous substances for other than legiti mate
medical or scientific purposes or for purposes outsid e the normal
course of his or her professional practice;
10. Has been under the influence of alcohol or another
intoxicating substance which adversely affected the central nervous
system, vision, hearing or other sensory or motor functioning to
such degree the person was impaired during the performance of his or
her job; or
11. Has violated any federal law relating to any controlled
dangerous substances, any provision of the Uniform Controlled
Dangerous Substances Act or any rules of the Oklahoma State Burea u
of Narcotics and Dangerous Drugs Control.
B. In the event the Director suspends or revokes a registration
granted under Section 2 -303 of this title, all controlled dangerous
substances owned or possessed by the registrant pursuant to such
registration at the time of denial revocation or suspension or the
effective date of the revocation order, as the case may be, may in
the discretion of the Direct or be impounded and preserved . All
controlled dangerous substances not imp ounded or preserved by the
Director shall be maintained by the registrant. No disposition,
purchase, distribution, sale, or transfer may be made of substances
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impounded and preserv ed until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a court,
upon application therefor, orders the sale of perishable substances
and the deposit of the proceeds of the sale with the court . Upon a
revocation order becoming final, all such co ntrolled dangerous
substances shall be forfeited to the state or otherwise considered
waste and submitted to a l icensed medical marijuana waste disposal
service for destruction pursuant to S ection 430 of this title .
C. The Drug Enforcement Administration shall promptly be
notified of all orders suspending or revoking registration and all
forfeitures of controlled dangerous substances.
D. In lieu of or in addition to any other remedies available to
the Director, if a f inding is made that a registrant has committed
any act in violation of federal law relating to any controlled
dangerous substance, any provision of the Uniform Controlled
Dangerous Substances Act or an y rules of the Oklahoma State Bureau
of Narcotics and Dangerous D rugs Control, the Director is hereby
authorized to assess an administrative penalty not to exceed Two
Thousand Dollars ($2,000.00) for each such act . The provisions of
this subsection shall not apply to violations of subsection G of
Section 2-309D of this title. Nothing in this section shall be
construed so as to permit the Director of the State Bureau of
Narcotics and Dangerous Drugs Control to assess administrative fines
for violations of the provisions of subsection G of Section 2 -309D
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of this title. Administrative penalties may be assessed pe r
individual transaction and incurr ed daily.
E. In addition to any other remedies available to the Director,
if a judge of competent jurisdiction finds probable cause th at a
registrant has committed any act in violatio n of Oklahoma law
relating to any controlled dangerous substance, all controlled
dangerous substances possessed by the registrant shall be c onsidered
contraband or hazardous material and shall be subject to forfeiture
under Section 2-505 or 2-506 of this title as applicable, and the
Director is hereby authorized to assess a drug cleanup fine not to
exceed Fifty Thousand Dollars ($50,00 0.00). The drug cleanup fine
shall apply only to the registrant; provided, however, the Director
may refuse to authorize a ny new registration at the same locati on
until such fine is paid.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-305, is
amended to read as follows:
Section 2-305. A. Before denying annulling, suspending or
revoking a registration , refusing a renewal of registration or
taking administrative action on a n onregistrant engaged in
manufacturing, distributing, dispensing, prescribing, administeri ng
or using for scientific purposes any controlled dangerous substance
within or into this state , the Director shall serve upon t he
applicant or registrant an order to show cause why registr ation
should not be denied annulled, revoked or suspended or why the
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renewal should not be refused . The order to show cause shall
contain a statement of the basi s therefor and shall call upon th e
applicant or registrant to appear before the appropriate person or
agency at a time and place within thirty (30) sixty (60) days after
the date of service of the order, but in the case of a denial or
renewal of registrati on the show cause order shall be served within
thirty (30) days before the expiration of th e registration. These
proceedings shall be conducted in accordance with the Administrati ve
Procedures Act without regard to any criminal prosecution or other
proceeding. Proceedings to refuse rene wal of registration shall not
abate the existing registrat ion which shall remain in effect pending
the outcome of the administrative hearing. Nothing in this secti on
shall be construed so as to require an individual proceeding for the
denial of a new registration.
B. The Director shall suspend, without an order to show cause,
any registration simultaneously with the institution of proceedings
under Section 2-304 of this title, if he or she finds there is
imminent danger to the public health or safety whic h warrants this
action. The suspension shall continue in eff ect until the
conclusion of the proceedings , including judicial review thereof,
unless sooner withdrawn by the Director or dissolved by a court of
competent jurisdiction.
C. The Director is auth orized to give agents and inspectors of
the Oklahoma State Bu reau of Narcotics and Dangerous Drugs Control
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authority to issue citations for violation of any rules o f the
Bureau under subsection D of Section 2-304 of this title. Citations
shall contain a statement of the basis therefor and shall call upon
the registrant to appear before the appropriate person or agency at
a time and place no more than sixty (60) days after the date of
service of the citation.
D. The Director may authorize the deputy director, general
counsel, or other designee of the Bureau to initiate any individual
proceeding against a registrant ; provided that, citations issued by
agents or inspectors are approved by the Director, deputy director,
general counsel, or other designee. Nothing in this section shall
be construed so as to delegate the authority of the Director to
issue a final agency order.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2 -325, is
amended to read as follo ws:
Section 2-325. A. A license or permit, obtained pursuant to
Sections 5 Section 2-323 or 6 2-324 of this act title, shall be
denied annulled, suspended, or revoked by the Director upon finding
that the licensee or permit holder has:
1. Materially falsified any application fil ed pursuant to this
act or required by this act;
2. Been convicted of a misdemeanor relating to any precursor
substance defined in Section 4 2-322 of this act title or any felony
under the laws of this state or the United States; or
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3. Failed to maintain effect ive controls against the div ersion
of said precursors to unau thorized persons or entities.
B. Before denying annulling, suspending, or revoking a license
or permit, the Director shall cause to be served upon the applicant,
licensee, or permit holder an or der to show cause why a lice nse or a
permit should not be denied annulled, suspended, or revoked. The
order to show cause shall contain a s tatement of the basis therefor
and shall call upon the applicant, licensee, or permit holder to
appear before the ap propriate person or agency a t the time and place
within thirty (30) sixty (60) days after the date of service of the
order. The proceedings shall be c onducted in accordance with the
Administrative Procedures Act without regard to any criminal
prosecution or other proceeding. Nothing in this section shall be
construed so as to require an individual proceeding for the denial
of a new license or permit.
C. The Director shall suspend, without an order to show cause,
any license or permit simultaneously with the institution of
proceedings described in subsection B of t his section if he the
Director finds there is imminent danger to the public health or
safety which warrants this action. The suspension shall continue in
effect until the conclusion of the proce edings, including judicial
review thereof, unless withdrawn b y the Director or dissolved by a
court of competent jurisdiction.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act sh all take effect and
be in full force from and after its passage an d approval.
59-1-6087 GRS 12/28/22