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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 108 By: Bergstrom
COMMITTEE SUBSTITUTE
An Act relating to the Uniform Controlled Dangerous
Substances Act; amending 63 O.S. 2021, Section 2-402,
which relates to prohib ited acts and penalties;
updating statutory reference; allowing the court to
order certain actions; permitting certain punishment;
requiring certain persons be guilty of a felony;
requiring the court to make certain orders;
permitting certain punishment; requiring certain
referral; permitting certain violations to be
prosecuted in municipal cou rt; allowing
municipalities to adopt certain ordinances ; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF TH E 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 control led dangerous
substance unless such substance 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
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otherwise authorized by this act Section 2-101 et seq. of this
title.
2. It shall be unlawful for any person to purchase any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act pursuant to Section 2 -313 of this title in
an amount or within a time interval oth er 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 pro duct 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 fe deral 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. 1. Any person who violates 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) .
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Additionally, the court may order the person to complete a substance
abuse assessment and evaluation a nd a diversion program. A person
who refuses or fails to complete the program may receive punishment
in accordance with this subsection .
2. Any person who is convicted, receives a deferred sent ence,
or receives a suspended sentence for an offense described in this
section, excluding an offense for the use of marijuana, who receives
a fourth or subsequent conviction within ten (10) years for an
offense described in this section shall, upon convic tion, be guilty
of a felony punishable by a fine not to exceed Five Thousand Dollars
($5,000.00), by imprisonment in the custody of the Department of
Corrections for not less than one (1) year nor more than five (5)
years, or by both such fine and imprison ment. Additionally, the
court shall order the person to complete a substance abuse
assessment and evaluation and may order the person to complete a
diversion program. A person who refuses or fails to complete the
program may receive punishment in accordance with this subsect ion.
C. Violations under this section shall be referred to t he
district attorney. If the district attorney declines to prosecut e,
such violations may be prosecuted in municipal court. A
municipality may adopt ordinances to effectuate the provisions of
this section.
D. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
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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.
59-1-1960 JES 3/1/2023 5:08:12 PM