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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 108 By: Bergstrom and Standridge of
the Senate
and
Ford of the House
An Act relating to the Uniform Controlled Dang erous
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 convictio n;
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.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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
substance unless such substance was obtained d irectly, or pursuant
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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 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, Ten tative
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.
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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 ($1,000.00) .
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
subsection.
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
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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.
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 co urt 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 ordered by the court within the time
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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 court may impose punishment as provided
for in subparagraph a of this paragraph.
5. The provisions of this subsection shall not apply f or
violations related to the possession of marijuana .
C. Any person convicted of a ny offense described in thi s
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.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/11/2023 -
DO PASS.