An Act
ENROLLED HOUSE
BILL NO. 2281 By: Echols of the House
and
Paxton of the Senate
An Act relating to public health and safety; amending
63 O.S. 2021, Section 2 -101, as amended by Section 4,
Chapter 265, O.S.L. 2022 (63 O.S. Supp. 2022, Section
2-101), which relates to the Uniform Controlled
Dangerous Substances Act; defining term; amending 63
O.S. 2021, Section 2 -406, which relates to penalties
for violating the Uniform Controlled Dangerous
Substances Act; making certain acts unlawful;
updating statutory language; updating statutory
reference; and declaring an emergency.
SUBJECT: Public health and safety
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as
amended by Section 4, Chapter 265, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 2-101), is amended to read as follows:
Section 2-101. As used in the Uniform Controlled Dangerous
Substances Act:
1. “Administer” means the direct application of a controlled
dangerous substance, whether by injection, inhalation, ingestion or
any other means, to the body of a patient, animal or research
subject by:
a. a practitioner (or, in the presence of the
practitioner, by the authorized agent of the
practitioner), or
ENR. H. B. NO. 2281 Page 2
b. the patient or research subject at the direction and
in the presence of the practitioner;
2. “Agent” means a peace officer appointed by and who acts on
behalf of the Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control or an authorized person who acts on behalf
of or at the direction of a person who manufactures, distributes,
dispenses, prescribes, administers or uses for scientific purposes
controlled dangerous substances but does not include a common or
contract carrier, public warehouser or employee thereof, or a person
required to register under the Uniform Controlled Dangerous
Substances Act;
3. “Board” means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. “Bureau” means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
5. “Coca leaves” includes cocaine and any compound,
manufacture, salt, derivative, mixture or preparation of coca
leaves, except derivatives of coca leaves which do not contain
cocaine or ecgonine;
6. “Commissioner” or “Director” means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
7. “Control” means to add, remove or change the placement of a
drug, substance or immediate precursor under the Uniform Controlled
Dangerous Substances Act;
8. “Controlled dangerous substance” means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either temporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedule in which a
substance is listed shall be resolved in favor of state law;
9. “Counterfeit substance” means a controlled substance which,
or the container or labeling of which without authorization, bears
the trademark, trade name or other identifying marks, imprint,
number or device or any likeness thereof of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance; ENR. H. B. NO. 2281 Page 3
10. “Deliver” or “delivery” means the actual, constructive or
attempted transfer from one person to another of a controlled
dangerous substance or drug paraphernalia, whether or not there is
an agency relationship;
11. “Dispense” means to deliver a controlled dangerous
substance to an ultimate user or human research subject by or
pursuant to the lawful order of a practitioner, including the
prescribing, administering, packaging, labeling or compounding
necessary to prepare the substance for such distribution.
“Dispenser” is a practitioner who delivers a controlled dangerous
substance to an ultimate user or human research subject;
12. “Distribute” means to deliver other than by administering
or dispensing a controlled dangerous substance;
13. “Distributor” means a commercial entity engaged in the
distribution or reverse distribution of narcotics and dangerous
drugs and who complies with all regulations promulgated by the
federal Drug Enforcement Administration and the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control;
14. “Drug” means articles:
a. recognized in the official United States Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any
supplement to any of them,
b. intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
c. other than food, intended to affect the structure or
any function of the body of man or other animals, and
d. intended for use as a component of any article
specified in this paragraph;
provided, however, the term “drug” drug does not include devices or
their components, parts or accessories;
15. “Drug-dependent person” means a person who is using a
controlled dangerous substance and who is in a state of psychic or ENR. H. B. NO. 2281 Page 4
physical dependence, or both, arising from administration of that
controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other responses which
include a strong compulsion to take the substance on a continuous
basis in order to experience its psychic effects, or to avoid the
discomfort of its absence;
16. “Home care agency” means any sole proprietorship,
partnership, association, corporation, or other organization which
administers, offers, or provides home care services, for a fee or
pursuant to a contract for such services, to clients in their place
of residence;
17. “Home care services” means skilled or personal care
services provided to clients in their place of residence for a fee;
18. “Hospice” means a centrally administered, nonprofit or for-
profit, medically directed, nurse-coordinated program which provides
a continuum of home and inpatient care for the terminally ill
patient and the patient’s family. Such term shall also include a
centrally administered, nonprofit or for-profit, medically directed,
nurse-coordinated program if such program is licensed pursuant to
the provisions of the Uniform Controlled Dangerous Substances Act.
A hospice program offers palliative and supportive care to meet the
special needs arising out of the physical, emotional and spiritual
stresses which are experienced during the final stages of illness
and during dying and bereavement. This care is available twenty-
four (24) hours a day, seven (7) days a week, and is provided on the
basis of need, regardless of ability to pay. “Class A” Hospice
refers to Medicare-certified hospices. “Class B” refers to all
other providers of hospice services;
19. “Imitation controlled substance” means a substance that is
not a controlled dangerous substance, which by dosage unit
appearance, color, shape, size, markings or by representations made,
would lead a reasonable person to believe that the substance is a
controlled dangerous substance. In the event the appearance of the
dosage unit is not reasonably sufficient to establish that the
substance is an “imitation controlled substance” imitation
controlled substance, the court or authority concerned should
consider, in addition to all oth er factors, the following factors as
related to “representations made” in determining whether the
substance is an “imitation controlled substance” imitation
controlled substance :
ENR. H. B. NO. 2281 Page 5
a. statements made by an owner or by any other person in
control of the substance concerning the nature of the
substance, or its use or effect,
b. statements made to the recipient that the substance
may be resold for inordinate profit,
c. whether the substance is packaged in a manner normally
used for illicit controlled substances,
d. evasive tactics or actions utilized by the owner or
person in control of the substance to avoid detection
by law enforcement authorities,
e. prior convictions, if any, of an owner, or any other
person in control of the object, under state or
federal law related to controlled substances or fraud,
and
f. the proximity of the substances to controlled
dangerous substances;
20. “Immediate precursor” means a substance which the Director
has found to be and by regulation designates as being the principal
compound commonly used or produced primarily for use, and which is
an immediate chemical intermediary used, or likely to be used, in
the manufacture of a controlled dangerous substance, the control of
which is necessary to prevent, curtail or limit such manufacture;
21. “Laboratory” means a laboratory approved by the Director as
proper to be entrusted with the custody of controlled dangerous
substances and the use of controlled dangerous substances for
scientific and medical purposes and for purposes of instruction;
22. “Manufacture” means the production, preparation,
propagation, compounding or processing of a controlled dangerous
substance, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical
synthesis. “Manufacturer” includes any person who packages,
repackages or labels any container of any controlled dangerous
substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate consumer;
ENR. H. B. NO. 2281 Page 6
23. “Marijuana” means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compound, manufacture, salt,
derivative, mixture or preparation of such plant, its seeds or
resin, but shall not include:
a. the mature stalks of such plant or fiber produced from
such stalks,
b. oil or cake made from the seeds of such plant,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks (except
the resin extracted therefrom), including cannabidiol
derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a clinical trial to
administer cannabidiol for the treatment of severe
forms of epilepsy pursuant to Section 2-802 of this
title, a drug or substance approved by the federal
Food and Drug Administration for use by those
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in this state
that the person has been diagnosed by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, also
known as severe myoclonic epilepsy of infancy, or any
other severe form of epilepsy that is not adequately
treated by traditional medical therapies, spasticity
due to multiple sclerosis or due to paraplegia,
intractable nausea and vomiting, appetite stimulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
of not more than three-tenths of one percent (0.3%)
and that is delivered to the patient in the form of a
liquid, ENR. H. B. NO. 2281 Page 7
g. any federal Food-and-Drug-Administration-approved drug
or substance, or
h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration of not more
than three-tenths of one percent (0.3%) on a dry-
weight basis which shall only be grown pursuant to the
Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate;
24. “Medical purpose” means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
diagnosis, or for the prevention of a disease condition not in
violation of any state or federal law and not for the purpose of
satisfying physiological or psychological depe ndence or other abuse;
25. “Mid-level practitioner” means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
animal euthanasia technician as defined in Se ction 698.2 of Title 59
of the Oklahoma Statutes, or an animal control officer registered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2-301 of this title within the
parameters of such officer’s duties under Sections 501 through 508
of Title 4 of the Oklahoma Statutes;
26. “Narcotic drug” means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis ,
or by a combination of extraction and chemical synthesis:
a. opium, coca leaves and opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geometric isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, and
ENR. H. B. NO. 2281 Page 8
e. a substance, and any compound, manufacture, salt,
derivative or preparation thereof, which is chemically
identical with any of the substances referred to in
subparagraphs a through d of this paragraph, except
that the words “narcotic drug” narcotic drug as used
in Section 2-101 et seq. of this title shall not
include decocainized coca leaves or extracts of coca
leaves, which extracts do not contain cocaine or
ecgonine;
27. “Opiate” or “opioid” means any Schedule II, III, IV or V
substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a
drug having such addiction-forming or addiction-sustaining
liability. The terms do not include, unless specifically designated
as controlled under the Uniform Controlled Dangerous Substances Act,
the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
salts (dextromethorphan). The terms do include the racemic and
levorotatory forms;
28. “Opium poppy” means the plant of the species Papaver
somniferum L., except the seeds thereof;
29. “Peace officer” means a police officer, sheriff, deputy
sheriff, district attorney’s investigator, investigator from the
Office of the Attorney General, or any other person elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
30. “Person” means an individual, corporation, government or
governmental subdivision or agency, business trust, estat e, trust,
partnership or association, or any other legal entity;
31. “Poppy straw” means all parts, except the seeds, of the
opium poppy, after mowing;
32. “Practitioner” means:
a. (1) a medical doctor or osteopathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist, ENR. H. B. NO. 2281 Page 9
(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under the supervision of a
licensed medical doctor or osteopathic physician,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, laboratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
to, use for scientific purposes or administer a
controlled dangerous substance in the course of
professional practice or research in this state;
33. “Production” includes the manufacture, planting,
cultivation, growing or harvesting of a controlled dangerous
substance;
34. “State” means the State of Oklahoma or any other state of
the United States;
35. “Ultimate user” means a person who lawfully possesses a
controlled dangerous substance for the person’s own use or for the
use of a member of the person’s household or for administration to
an animal owned by the person or by a member of the person’s
household;
36. “Drug paraphernalia” means all equipment, products and
materials of any kind which are used, intended for use, or fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producin g,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body, a controlled dangerous ENR. H. B. NO. 2281 Page 10
substance in violation of the Uniform Controlled Dang erous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically
for use in planting, propagating, cultivating, growing
or harvesting of any species of plant which is a
controlled dangerous substance or from whi ch a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing or preparing controlled
dangerous substances,
c. isomerization devices us ed, intended for use, or
fashioned specifically for use in increasing the
potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying, or in analyz ing
the strength, effectiveness or purity of controlled
dangerous substances,
e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as qu inine
hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use, or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashioned specifically for
use in compounding controlled dangerous substances,
i. capsules, balloons, envelopes and other containers
used, intended for use, or fashioned specifically for ENR. H. B. NO. 2281 Page 11
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles and other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dangerous substances
into the human body,
l. objects used, intended for use, or fashioned
specifically for use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent
screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has
become too small or too short to be held in the
hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
ENR. H. B. NO. 2281 Page 12
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term “drug paraphernalia” drug paraphernalia
shall not include separation gins intended for use in preparing tea
or spice, clamps used for constructing electrical equipment, water
pipes designed for ornamentation in which no detectable amount of an
illegal substance is found or pipes designed and used solely for
smoking tobacco, traditional pipes of an American Indian tribal
religious ceremony, or antique pipes that are thirty (30) years of
age or older;
37. a. “Synthetic controlled substance” means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous
system that is substantially similar to or
greater than the stimulant, depressant or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the
central nervous system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
ENR. H. B. NO. 2281 Page 13
b. The designation of gamma butyrolactone or any other
chemical as a precursor, pursuant to Section 2-322 of
this title, does not preclude a finding pursuant to
subparagraph a of this paragraph that the chemical is
a synthetic controlled substance.
c. “Synthetic controlled substance” does not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that person under the
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
with respect to such substance is pursuant to
such exemption, or
(4) any substance to the extent not intended for
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence that a substance containing
salvia divinorum has been enhanced, concentrated or
chemically or physically altered shall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
38. “Tetrahydrocannabinols” means all substances that have been
chemically synthesized to emulate the tetrahydrocannabinols of
marijuana, specifically including any tetrahydrocannabinols derived
from industrial hemp;
39. “Isomer” means the optical isomer, except as used in
subsections C and F of Section 2-204 of this title and paragraph 4
of subsection A of Section 2-206 of this title. As used in
subsections C and F of Section 2-204 of this title, “isomer” isomer
means the optical, positional or geometric isomer. As used in
paragraph 4 of subsection A of Section 2-206 of this title, the term
“isomer” isomer means the optical or geometric isomer;
ENR. H. B. NO. 2281 Page 14
40. “Hazardous materials” means materials, whether solid,
liquid or gas, which are toxic to human, animal, aquatic or plant
life, and the disposal of which materials is controlled by state or
federal guidelines;
41. “Anhydrous ammonia” means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
42. “Acute pain” means pain, whether resulting from disease,
accidental or intentional trauma or other cause, that the
practitioner reasonably expects to last only a short period of time.
“Acute pain” Acute pain does not include chronic pain, pain being
treated as part of cancer care, hospice or other end-of-life care,
or pain being treated as part of palliative care;
43. “Chronic pain” means pain that persists beyond the usual
course of an acute disease or healing of an injury. “Chronic pain”
Chronic pain may or may not be associated with an acute or chronic
pathologic process that causes continuous or intermittent pain over
months or years;
44. “Initial prescription” means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent in the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgical procedure
or new acute event and has previously had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pha rmaceutical equivalent, the
practitioner shall consult with the patient and review the medical
record and prescription monitoring information of the patient;
45. “Patient-provider agreement” means a written contract or
agreement that is executed between a practitioner and a patient,
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
ENR. H. B. NO. 2281 Page 15
a. explain the possible risk of development of physical
or psychological dependence in the patient and prevent
the possible development of addiction,
b. document the understanding of both the practitioner
and the patient regarding the patient-provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the obligations of the patient in
relation to the responsible use, discontinuation of
use, and storage of opioid drugs, including any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
d. identify the specific medications and other modes of
treatment, including physical therapy or exercise,
relaxation or psychological counseling, that are
included as a part of the patient-provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient including , but
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
reason to believe that the patient is not complying
with the terms of the agreemen t. Compliance with the
“consent items” shall constitute a valid, informed
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for failure to
treat pain if the event occurs because of nonadherence
by the patient with any of the provisions of the
patient-provider agreement;
46. “Serious illness” means a medical illness or physical
injury or condition that substantially affects quality of life for
more than a short period of time. “Serious illness” Serious illness
includes, but is not limited to, Alzheimer’s disease or related
dementias, lung disease, cancer, heart failure, renal failure, liver
failure or chronic, unremitting or intractable pain such as
neuropathic pain; and
ENR. H. B. NO. 2281 Page 16
47. “Surgical procedure” means a procedure that is performed
for the purpose of structurally altering the human body by incision
or destruction of tissues as part of the practice of medicine. This
term includes the diagnostic or therapeutic treatment of conditions
or disease processes by use of instruments such as lasers,
ultrasound, ionizing, radiation, scalpels, probes or needles that
cause localized alteration or transportation of live human tissue by
cutting, burning, vaporizing, freezing, suturing, probing or
manipulating by closed reduction for major dislocat ions or
fractures, or otherwise altering by any mechanical, thermal, light-
based, electromagnetic or chemical means; and
48. “Straw person” or “straw party” also known as a “front”
means a third party who:
a. is put up in name only to take part in a transact ion
or otherwise is a nominal party to a transaction,
b. acts on behalf of another person to obtain title to
property and executes documents and instruments the
principal may direct respecting property, or
c. purchases property for another for the purpose of
concealing the identity of the real purchaser or to
accomplish some purpose otherwise in violation of
Oklahoma Statutes.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -406, is
amended to read as follows:
Section 2-406. A. It shall be unlawful for any registrant
knowingly or intentionally:
1. To distribute, other than by dispensing or as otherwise
authorized by this act the Uniform Controlled Dangerous Substances
Act, a controlled dangerous substance classified in Sc hedules I or
II, in the course of his or her legitimate business, except pursuant
to an order form as required by Section 2 -308 of this title;
2. To use in the course of t he manufacture or distribution of a
controlled dangerous substance a registration nu mber which is
fictitious, revoked, suspended or issued to another person;
ENR. H. B. NO. 2281 Page 17
3. To acquire or obtain possession of a controlled dangerous
substance by misrepresentation, fra ud, forgery, deception or
subterfuge;
4. To furnish false or fraudulent material inf ormation in, or
omit any material information from, any application, report, or
other document required to be kept or filed under this act the
Uniform Controlled Dangerous Substances Act, or any record required
to be kept by this act the Uniform Controlled Dangerous Substances
Act; and
5. To make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance; and
6. To purchase, or attempt, endeavor, or conspire to obtain or
purchase, any license or registration require d to distribute,
possess, prescribe, or manufacture any controlled dangerous
substance on behalf of, or at the request or demand of, any other
person through the use of a straw person or straw party.
B. Any person who vi olates this section is guilty of a felony
punishable by imprisonment for not more than twenty (20) years or a
fine of not more than Two Hundred Fifty Thousand Dollars
($250,000.00), or both.
C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonme nt twice that
otherwise authorized and by twice the fine otherwise authorized.
Convictions for second or subsequent violations of this section
shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
D. Any person convicted of any offense described in this
section shall, in addition to any fi ne imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Car e Assistance Revolving Fund created in
Section 1-2522 1-2530.9 of this title.
SECTION 3. It being immediately necessar y for the preservation
of the public peace, health or safety, an emergency is hereby ENR. H. B. NO. 2281 Page 18
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2281 Page 19
Passed the House of Representatives the 9th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 25th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________