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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 108 By: Bergstrom
AS INTRODUCED
An Act relating to the Uniform Controlled Dangerous
Substances Act; amending 63 O.S. 2021, Section 2-402,
which relates to prohib ited acts and penalties;
making certain offenses a felony; prescribing
penalties; requiring certain sentencing options for
certain offenders; and providing an effective date .
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, 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 possess a controlled danger ous
substance unless such substance was obtained di rectly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or h er professional practice, or except as
otherwise authorized by this act Section 2-101 et seq. of this
title.
2. It shall be unlawful for any pe rson to purchase any
preparation excepted from the pro visions of the Uniform Controlled
Dangerous Substances Act pursuant to Section 2 -313 of this title in
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an amount or within a time interval other than t hat 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 prod uct containing ephedrine, its
salts, optical isomers, or salts of optical isomers, for the
indication of stimulati on, mental alertness, weight loss, appetite
control, muscle development, energy or other indication which is not
approved by the pertinent fed eral OTC Final Monograph, Tentative
Final Monograph, or FDA -approved new drug application or its legal
equivalent. In determining compliance with this requirement, t he
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 po int of
sale.
B. Any person who violates this sectio n 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).
C. 1. Any person who violates this section with respec t to any
Schedule I or Schedule II substance as defined by Sections 2-204 and
2-206 of this title, except marijuana or a substance included in
subsection D of Section 2 -206 of this title, and has two or more
prior convictions for:
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a. a felony violation of the Uniform Controlled Dangerous
Substances Act,
b. misdemeanor possession of any Schedule I or II
substance, except marijuana or a substance included in
subsection D of Section 2 -206 of this title, or
c. a combination of violations listed in subparagraphs a
or b of this paragraph;
is guilty of a felony pun ishable by imprisonment for not more than
three (3) years and by a fine not exceeding Five Thousand Dollars
($5,000.00);
2. Any person who violates this section with respect to any
Schedule I or II substance as defined by Sections 2-204 and 2-206 of
this title, except marijuana or a substance included in subsection D
of Section 2-206 of this title and has five or more prior
convictions for:
a. a felony violation of the Uniform Controlled Dangerous
Substances Act,
b. misdemeanor possession of any Schedule I or II
substance, except marijuana or a substance included in
subsection D of Section 2 -206 of this title, or
c. a combination of violations listed in subparagraphs a
or b of this paragraph;
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is guilty of a felony punishable by imprisonment for not more tha n
seven (7) years and by a fine not exceeding Ten Thousand Dollars
($10,000.00);
D. Any person convicted of any offense described in this
section shall, in addition to any fine impose d, 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 .
E. An offender who is charged with a violation under this
section and who has no prior felony convictions shall be allowed to
enroll in a drug addiction rehabilitation program or appear before a
drug court for sentencing , at the discretion of the district
attorney. Upon successful completion of the drug addiction
rehabilitation program or drug court program, the criminal case
against the offender shall be dismissed or the sentence deferred for
a period not to exceed two (2) years.
Any drug addiction rehabilitation program must be approved by
the district attorney and the offe nder, with the offender bearing
all financial responsibility for the program.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1256 JES 1/3/2023 11:31:31 AM