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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 1615 By: Worthen
AS INTRODUCED
An Act relating to public health and safety; ame nding
63 O.S. 2021, Section 2-402, which relates to the
Uniform Controlled Dangerous Substances Act;
providing separate penalties for unlawfully
possessing controlled dangerous substances;
authorizing municipalities to adop t certain
ordinances; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 20 21, 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 p ossess a controlled dangerous
substance unless such subst ance was obtained directly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or her professional practice, or except as
otherwise authorized by this act.
2. It shall be unlawful for any person to purchase any
preparation excepted from the provisions of the Unifo rm 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 that permitt ed by
Section 2-313 of this title.
3. It shall be unlawf ul 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 developm ent, energy or other indication which is not
approved by the pertinent federal OTC Final Monograph, Tentative
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.
B. Any person who violates this section with respect to
marijuana is, upon conviction, guilty of a misdemeanor punishable by
confinement for not more than o ne (1) year and by a fine not
exceeding One Thousand Dollars ($1,000.00).
C. 1. Any person who violates this section with respe ct to any
Schedule I, II, III, IV or V substance, except marijuana, or a
substance included in subsection D of Section 2 -206 of this title,
or any preparation excepted from the provision s of the Uniform
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Controlled Dangerous Substances Act is, upon conviction, guilty of a
misdemeanor punishable by confinement for not more than one (1) year
and by a fine not exceeding One Th ousand Dollars ($1,000.00). In
addition, the person may be required to complete a drug diversion
program approved by the court.
2. Any person who commits an off ense pursuant to the provisions
of paragraph 1 of this subsection or has a conviction in a municipal
criminal court of record for violating a municipal ordinance
prohibiting the offense provided for in paragraph 1 of this
subsection within ten (10) years o f the date following the
completion of the execution of such sentence or deferred judgment
and commits a second offense provided for in paragraph 1 of this
subsection shall, upon conviction, be guilt y of a felony punishable
by imprisonment in the custody of the Department of Corrections for
not less than one (1) year nor more than five (5) years and by a
fine not exceeding Five Thousand Dollars ($5,000.00) . In addition,
the person shall participate in an alcohol and drug assessment and
evaluation by an ass essment agency or assessment personnel certified
by the Department of Mental Health and Substance Abuse Services and
may be required to complete a drug dive rsion program approved by the
court.
3. Municipalities shall be authorized to adopt ordinances
consistent with the provisions of this section.
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D. 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.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6031 GRS 01/05/23