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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1100 By: Rosino
AS INTRODUCED
An Act relating to fentanyl trafficking; ame nding 63
O.S. 2021, Section 2 -415, which relates to fines and
penalties; increasing certain penalties; removing
certain probation eligibility; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2 021, Section 2-415, is
amended to read as follows:
Section 2-415. A. The provisions of the Trafficking in Illegal
Drugs Act shall apply to persons convicted of violations with
respect to the following substan ces:
1. Marijuana;
2. Cocaine or coca leaves ;
3. Heroin;
4. Amphetamine or metham phetamine;
5. Lysergic acid diethylamide (LSD);
6. Phencyclidine (PCP);
7. Cocaine base, commonly known as “crack” or “rock”;
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8. 3,4-Methylenedioxy methamphetamine, commonly known as
“ecstasy” or MDMA;
9. Morphine;
10. Oxycodone;
11. Hydrocodone;
12. Benzodiazepine; or
13. Fentanyl and its analogs and derivatives.
B. Except as otherwise authorized by the Uniform Controlled
Dangerous Substances Act, it shall be unl awful for any person to:
1. Knowingly distribute, manufacture, bring into this state or
possess a controlled substance specified in subsection A of this
section in the quantities specified in subsection C of this section;
2. Possess any controlled substa nce with the intent to
manufacture a controlle d substance specified in subsection A o f this
section in quantities specified in subsection C of this section; or
3. Use or solicit the use of services of a person less than
eighteen (18) years of age to distr ibute or manufacture a controlled
dangerous substance specified in subsection A of th is section in
quantities specified in subsection C of this section.
Violation of this section shall be known as “trafficking in
illegal drugs”. Separate types of controll ed substances described
in subsection A of thi s section when possessed at the same ti me in
violation of any provision of this section shall constitute a
separate offense for each substance.
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Any person who commits the conduct described in paragraph 1, 2
or 3 of this subsection and represents the quanti ty of the
controlled substance to be an amount described in subsection C of
this section shall be punished under the provisions appropriate for
the amount of controlled substance represented, regardless of the
actual amount.
C. In the case of a violation of the provisions of subsection B
of this section, involving:
1. Marijuana:
a. twenty-five (25) pounds or more of a mixture or
substance containing a detectable amount o f marijuana
shall be punishable by a fin e of not less than Twenty -
five Thousand Dollar s ($25,000.00) and not more than
One Hundred Thousand Dollars ($100,000.00), or
b. one thousand (1,000) pounds or more of a mixture or
substance containing a detectable amount o f marijuana
shall be deemed aggra vated trafficking punishable by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
2. Cocaine, coca leaves or cocaine base:
a. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of coc aine,
coca leaves or cocaine base shall be punishable by a
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fine of not less than Twenty -five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00),
b. three hundred (300) gr ams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be punishable by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be deemed aggravated
trafficking punishable by a fine of not less than One
Hundred Thousand Dollars ($ 100,000.00) and not more
than Five Hundred Tho usand Dollars ($500,000.00);
3. Heroin:
a. ten (10) grams or more of a mixture or substance
containing a detectable amount of heroin shall be
punishable by a fine of not less than Twenty -five
Thousand Dollars ($25,000.00) and not more than Fifty
Thousand Dollars ($50,000.00), or
b. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of heroin
shall be deemed aggravated trafficking punishable by a
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fine of not less than Fifty Thousand Dollars
($50,000.00) and not more tha n Five Hundred Thousand
Dollars ($500,000.00);
4. Amphetamine or methamphetamine:
a. twenty (20) grams or more of a mixture or substance
containing a detectable amount of amphetamine or
methamphetamine shall b e punishable by a fine of not
less than Twenty-five Thousand Dollars ($25,000.00)
and not more than Two Hundred Thousand Dollars
($200,000.00),
b. two hundred (200) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be punishable by
a fine of not less than Fifty Thousand Dollars
($50,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable a mount of
amphetamine or methamphetamine shall be deemed
aggravated trafficking punish able by a fine of not
less than Fifty Thousand Dollars ($50,000.00) and not
more than Five Hundred Thousand Dollars ($500,000.00);
5. Lysergic acid diethylamide (LSD):
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a. one (1) gram or more of a mixture or substanc e
containing a detectable amount of lys ergic acid
diethylamide (LSD) shall be trafficking punishable by
a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20)
years and by a fine of not less than Fifty Thousand
Dollars ($50,000.00) and not more than One Hundred
Thousand Dollars ($100,000.00), or
b. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be aggravated trafficking
punishable by a term of imprisonment in the custody of
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than One Hundred Thousand Dollars ($100,000.00) and
not more than Two Hundred Fifty Thousand Dollars
($250,000.00);
6. Phencyclidine (PCP):
a. twenty (20) grams or more of a substance containing a
mixture or substance containing a detectable amount of
phencyclidine (PCP) shall be trafficking punishable by
a term of imprisonment in the custody of the
Department of Correc tions not to exceed twenty (20)
years and by a fine of not less than Twenty Thousand
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Dollars ($20,000.00) and not more than Fifty Thousand
Dollars ($50,000.00), or
b. one hundred fifty (150) grams or more of a substance
containing a mixture or substance co ntaining a
detectable amount of phencyclidine (PCP) shall be
aggravated trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life and by a fine of not less than Fifty
Thousand Dollars ($50,000.00) and not more than Two
Hundred Fifty Thousand Dollars ($250,000.00);
7. Methylenedioxy methamphetamine:
a. thirty (30) tablets or ten (10) grams of a mixture or
substance containing a detectable amount of 3,4 -
Methylenedioxy methamphetamine shall be trafficking
punishable by a term of imprisonment in the custody of
the Department of Corrections not to exceed twenty
(20) years and by a fine of not less than Twenty -five
Thousand Dollars ($25,000.00) and not more than One
Hundred Thousand Dollars ($100,000.00), or
b. one hundred (100) tablets or thirty (30) grams of a
mixture or substance containing a detectable amount of
3,4-Methylenedioxy methamphetamine shall be deemed
aggravated trafficking punishable by a term of
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imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five
Hundred Thousand Dol lars ($500,000.00);
8. Morphine: One thousand (1,000) grams or more of a mixture
containing a detectable amount of morphine shall be trafficking
punishable by a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20 ) years and by a
fine of not less than One Hun dred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ($500,000.00);
9. Oxycodone: Four hundred (400) grams or more of a mixture
containing a detectable amount of oxycodone shall be trafficking
punishable by a term of impris onment in the custody of the
Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ( $500,000.00);
10. Hydrocodone: Three thousand seven hundred fifty (3,750)
grams or more of a mixture containing a detectable amount of
hydrocodone shall be trafficking punishable by a term of
imprisonment in the custody of the Department of Corrections n ot to
exceed twenty (20) years and by a fine o f not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00);
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11. Benzodiazepine: Five hundred (500) grams or more of a
mixture containing a detecta ble amount of benzodiazepine shall be
trafficking punishable by a term of imprisonment not to exceed
twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00); and
12. Fentanyl and its analogs and derivati ves:
a. one (1) gram or more of a mixture containing fentanyl
or carfentanil, or any fentanyl analogs or derivatives
shall be trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections for not less than five (5) years and not
to exceed twenty (20) years thirty (30) years and by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) One Hundred Fifty Thousand Dollars
($150,000.00) and not more than Two Hundred Fifty
Thousand Dollars ($250,000.00) Three Hundred Thousand
Dollars ($300,000.00) , or
b. five (5) grams or more of a mixture containing
fentanyl or carfentanil, or any fentanyl analogs or
derivatives shall be aggrav ated trafficking punishable
by a term of imprisonment in the custody of the
Department of Corrections of not less than two (2)
years five (5) years nor more than life and by a fine
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of not less than Two Hundred Fifty Thousand Dollars
($250,000.00) Three Hundred Thousand Dollars
($300,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00) Six Hundred Thousand Dollars
($600,000.00), or
c. any person convicted of a violation of subparagraph a
or b of this paragraph shall not be eligible for
probation.
D. Any person who viola tes the provisions of th is section with
respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
amphetamine or methamphetamine in a quantity specified in paragraphs
1, 2, 3 and 4 of subsection C of this section shall, in addition to
any fines specified by this section, be punishable by a term of
imprisonment as follows:
1. For trafficking, a first viola tion of this section, a term
of imprisonment in the custody of the Department of Co rrections not
to exceed twenty (20) years;
2. For trafficking, a second violation of t his section, a term
of imprisonment in the Department of Corrections of not less than
four (4) years nor more than life, for which the person shall serve
fifty percent (50%) of the sentence before being eligible for parole
consideration;
3. For trafficking, a third or subsequent violation o f this
section, a term of imprisonment in the cust ody of the Department of
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Corrections of not less than twenty (20) years nor more th an life,
of which the person shall serve fifty percent (50%) of the sentence
before being eligible for parole consideration .
Persons convicted of trafficking shall not be el igible for
earned credits or any other type of credits which have the effect of
reducing the length of sentence to less than fifty percent (50%) o f
the sentence imposed; and
If the person is conv icted of aggravated trafficking , the person
shall serve eighty-five percent (85%) of such sentence before being
eligible for parole consideratio n.
E. The penalties specified in subsections C and D of this
section are subject to th e enhancements enumerated in subsect ions E
and F of Section 2-401 of this title.
F. 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 Dollars ($100 .00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title and the assessment pursuant to
Section 2-503.2 of this title.
SECTION 2. This act shall become effective November 1, 2023.
59-1-115 JES 1/19/2023 2:45:49 PM