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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2587 By: Humphrey
AS INTRODUCED
An Act relating to controlled dangerous substances ;
amending 63 O.S. 2021, Section 2 -402, which relates
to the Uniform Controlled Dangerous Substances Act;
modifying penalties for certain unlawful act ;
providing penalties for second and subseq uent
convictions; and providing an effective date.
BE IT ENACTED BY THE PEOPLE 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 dangerous
substance unless such substa nce was obtained directly, or p ursuant
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 t he provisions 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 that permitted by
Section 2-313 of this title.
3. It shall be unlawfu l 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 developme nt, 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 determining 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. 1. Any person who violates the provisions of paragraph 1 of
subsection A of this section 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).
2. Upon conviction for a second violation of paragraph 1 of
subsection A of this section, the person shall be guilty of a
misdemeanor punishable by a fine not exceeding One Thousand Dollars
($1,000.00) and mandatory supervision by the Department of
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Corrections, a private supervision provider , or other person
designated by the court.
3. Upon conviction for a third violation of paragraph 1 of
subsection A of this section , the person shall be guilty of a
misdemeanor punishable by a fine not exceeding One Thousa nd Dollars
($1,000.00) and mandatory residential inpatient treatment for
substance abuse for a minimum period of six (6) months by a service
provider certified by the Department of Mental Health and Substance
Abuse Services.
4. Upon conviction for a fourth violation of paragraph 1 of
subsection A of this section , the person shall be guilty of a
misdemeanor punishable by a fine not exceeding One Th ousand Dollars
($1,000.00) and by imprisonment in the county jail for a term of not
less than one (1) year.
5. Upon conviction for a fifth or subsequent violation of
paragraph 1 of subsection A of this section , the person shall be
guilty of felony, deemed a habitual criminal, and punished by a fine
of not less than One Th ousand Dollars ($1,000.00) and imprisonment
in the custody of the Depar tment of Corrections for a term of two
(2) years.
6. Any person who violates the provisions of paragraph 2 or 3
of subsection A of this section is guilty of a misde meanor
punishable by confinement for not more than one (1) year and by a
fine not exceeding One Thousand Dollars ($1,000.00).
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C. 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.
59-1-5548 GRS 01/15/23