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SENATE FLOOR VERSION
February 19, 2025
SENATE BILL NO. 65 By: Weaver of the Senate
and
Turner of the House
An Act relating to controlled dangerous substances;
amending 63 O.S. 2021, Section s 2-315 and 2-508,
which relate to destruction of con trolled dangerous
substances and disposition of seized property ;
authorizing destruction of controlled dangerous
substances by certain individuals; removing
requirement for submission to destroy controlled
dangerous substances; removing incineration
requirement; requiring destruction of controlled
dangerous substances be in compliance with certain
federal regulations; removi ng requirement for certain
site; updating statutory language; updating statutory
references; 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 -315, is
amended to read as follows:
Section 2-315. A. Except as otherwise provided by law, any
person required to obtain an annual r egistration pursuant to Section
2-302 of this title, or any group home, or residential care home as
defined by Section 1 -820 of this title shall submit for destruction
destroy all controlled dangerous substances which are out of date,
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which are unwanted, or unused or which are abandoned by their owner
at their facility due to death or other circumstances.
B. All controlled dangerous substances described in subsection
A of this section shall be submitted to the Oklahoma City laboratory
of the Oklahoma State Bureau of Investigation, along with all
required information on forms provided by the Oklahoma State Bureau
of Investigation, to the federal Drug Enforcement Administration, to
a duly registered reverse distributor, to the original registered
supplier or their registered agent, to a duly registered retail
pharmacy, or to a hospital or clinic with an on -site pharmacy
destroyed pursuant to the rules set forth in 21 C.F.R. Part 1317 of
Title 21 of the Code of Federal Regulations . When any such
substance is transported by private contract or common carrier or
United States Postal Service for the purpose of destruction, the
sender shall require a receipt from such private contract or common
carrier or United States Postal Service, and such receipt sha ll be
retained as a permanent record by the sender.
C. Controlled dangerous substances submitted to the Oklahoma
State Bureau of Investigation pursuant to the provisions of this
section shall be destroyed pursuant to the procedures provided in
subsection A of Secti on 2-508 of this title.
Controlled dangerous substances submitted to any distributors,
reverse distributors , or their original registered suppliers
pursuant to the provisions of this section shall be destroyed by
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incineration so as to make the su bstance absolutely unusable for
human purposes pursuant to the rules set forth in 21 C.F.R. Part
1317. An official record listing the property destroyed, the
location of destruction and disposal, and the name and title of the
person supervising the destruction and disposal shall be submitted
to the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control and the federal Drug Enforcement Administration office
located nearest the destruction site.
D. The Office of the Chief Medical Examiner is hereby
authorized to perform on-site incineration destruction of all
controlled dangerous substances which are obtained in the discharge
of the official duties of the Chief Medical Examiner. The
controlled dangerous substances shall be destroyed pursuant to 21
C.F.R. Part 1317. Any record relating to destruction of a
controlled dangerous substance shall be maintained as required by
the state or federal government and shall be available for
inspection by appropriate state or federal government regulatory
agencies.
E. This section shall constitute a part of the Uniform
Controlled Dangerous Substances Act.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -508, is
amended to read as follows:
Section 2-508. A. Except as otherwise provided, all property
described in paragraphs 1 and 2 of subsection A of Section 2 -503 of
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this title which is seized or surrendered pursuant to the provisions
of the Uniform Controlled Dangerous Substances Act shall be
destroyed pursuant to 21 C.F.R. Part 1317. The destruction shall be
done by or at the direction of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control (OSBNDD), who shall have the
discretion prior to destruction to preserve samples of the substance
for testing. In any county with a population of f our hundred
thousand (400,000) or more according to the latest Federal Decennial
Census, there shall be a located site, approved by the OSBNDD, for
the destruction of the property. Any such property submitted to the
OSBNDD which it deems to be o f use for investigative training , or
educational, or analytical purposes may be retained by the OSBNDD in
lieu of destruction.
B. 1. With respect to controlled dangerous substances seized
or surrendered pursuant to the provisions of the Uniform Controlled
Dangerous Substances Act, municipal police departments, sheriffs,
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Commission, the Oklahoma Highway Patrol, and the Oklahoma State
Bureau of Investigation shall have the authority to destr oy seized
controlled dangerous substances when the amount seized in a single
incident exceeds ten (10) pounds. The destroying agency shall:
a. photograph the seized substance with identifying case
numbers or other means of identification,
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b. prepare a report descri bing the seized substance prior
to the destruction,
c. retain at least one (1) pound of the substance
randomly selected from the seized substance for the
purpose of evidence, and
d. obtain and retain samples of the substance from enough
containers, bales, bricks, or other units of substance
seized to establish the presence of a weight of the
substance necessary to establish a violation of the
Trafficking in Illegal Drugs Act pursuant to
subsection C of Section 2 -415 of this title, if such a
weight is present. If such weight is not present,
samples of the substance from each container, bale,
brick, or other unit of substance seized shall be
taken. Each sample taken pursuant to this section
shall be large enough for the destroying agency and
the defendant or suspect to have an independent test
performed on the substance for purposes of
identification.
2. If a defendant or suspect is known to the destroying agency,
the destroying agency shall give at least seven (7) days ’ written
notice to the defendant, susp ect, or counsel for the defendant or
suspect of:
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a. the date, the time, and the place where the
photographing will take place and notice of the right
to attend the photographing, and
b. the right to obtain samples of the controlled
dangerous substance for independent testing and use as
evidence.
3. The written notice shall also inform the defendant, suspect ,
or counsel for the defendant or suspect that the destroying agency
must be notified in writing within seven (7) days from receipt of
the notice of the intent of the suspect or defendant to obtain
random samples and make arrangements for the taking of samples. The
samples for the defendant or suspect must be taken by a person
licensed by the Drug Enforcement Administration. If the defendant
or counsel for the defendant fails to notify the destroying agency
in writing of an intent to obtain samples and fails to make
arrangements for the taking of samples, a sample taken pursuant to
subparagraph d of paragraph 1 of this subsection shall be made
available upon request of the defendant or suspect.
The representative samples, the photographs, the reports, and
the records made under this section and properly identified shall be
admissible in any court or administrative proceeding for any
purposes for which the seized substance itself would have been
admissible.
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C. All other property not otherwise provided for in the Uniform
Controlled Dangerous Substances Act which has come into the
possession of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections, the Office of the
Attorney General, or a district attorney may be disposed of by o rder
of the district court when no longer needed in connection with any
litigation. If the owner of the property is unknown to the agency
or district attorney, the agency or district attorney shall hold the
property for at least six (6) months prior to filing a pet ition for
disposal with the district court except for laboratory equipment
which may be forfeited when no longer needed in connection with
litigation, unless the property is perishable. The Director
director or Commissioner commissioner of the agency, the Attorney
General, or district attorney shall file a petition in the district
court of Oklahoma County or in the case of a district attorney, the
petition shall be filed in a county within the jurisdiction of the
district attorney requesting the authority to:
1. Conduct a sale of the property at a public auction or use an
Internet auction, which may include online bidding; or
2. Convert title of the property to the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control, the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
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Beverage Laws Enforcement Commission, the Department of Corrections,
the Office of the Attorney General, or to the district attorney ’s
office for the purposes provided for in subsection J, K , or L of
this section.
The Director director, Commissioner commissioner, Attorney
General or district attorney shall attach to the petition:
a. a list describing the property, including all
identifying numbers and marks, if any,
b. the date the property came into the possession of the
agency or district attorney, and
c. the name and address of the owner, if known.
For any item having an apparent value in excess of One Hundred
Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the
notice of the hearing of the petition for the sale of the property,
except laboratory equipment used in the processing, manufacturing ,
or compounding of controlled dangerous substances in violation of
the provisions of the Uniform Controlled Dangerous Substanc es Act,
shall be given to every known owner, as set forth in the petition,
by first-class mail to the last -known address of the owner at least
ten (10) days prior to the date of the hearing. An affidavit of
notice being sent shall be filed with the court by a repre sentative
of the agency, the Director or Commissioner of the agency, the
Attorney General, or district attorney. For items in excess of Five
Hundred Dollars ($500.00), a notice of the hearing of the petition
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for the sale of said such property shall be delivered to every known
owner as set forth in the petition by certified mail. Notice of a
hearing on a petition for forfeiture or sale of laboratory equipment
used in the processing, manufacturing , or compounding of controlled
dangerous substances in violat ion of the Uniform Controlled
Dangerous Substances Act shall not be required.
The notice shall contain a brief description of the property,
and the location and date of the hearing. In addition, notice of
the hearing shall be posted in three pub lic places in the county,
one such place being the county courthouse at the regular place
assigned for the posting of legal notices. At the hearing, if no
owner appears and establishes ownership of the property, the court
may enter an order authorizing the Director , Commissioner, Attorney
General, or district attorney to donate the property pursuant to
subsection J, K, or L of this section ,; to sell the property at a
public auction, including an Internet auction, which may include
online bidding, to the hi ghest bidder,; or to convert title of the
property to the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections, or the Office of the
Attorney General for the purposes provided for in subsection J, K ,
or L of this section after at least ten (10) days of notice has been
given by publication in one issue of a legal newspaper of the
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county. If the property is offered for sale at public auction,
including an Internet auction, and no bid is received that exceeds
fifty percent (50%) of the value of the property, such value to be
announced prior to the sale, the Director, Commissioner, Attorney
General, or district attorney may refuse to sell the item pursuant
to any bid received. The Director, Commissioner, Attorney General,
or district attorney shall make a return of the sale and, when
confirmed by the court, the order confirming the sale shall v est in
the purchaser title to the property so purchased.
D. The money received from the sale of property by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control shall be used
for general drug enforcement purposes. These funds shall be
transferred to the Bureau of Narcotics Revolving Fund established
pursuant to Section 2 -107 of this title or in the case of a district
attorney, the revolving fund provided for in paragraph 3 of
subsection L of Section 2 -506 of this title.
E. At the request of the Department of Public Safety, the
district attorney or a designee of the district attorney may conduct
any forfeiture proceedings as described in Section 2 -503 of this
title on any property subject to forfeiture as described in
subsection A, B, or C of Section 2-503 of this title. The money
received from the sale of property by the Department of Public
Safety shall be deposited in the Department of Public Safety
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Restricted Revolving Fund and shall be expended for law enforcement
purposes.
F. The money received from the sale of property by the
Alcoholic Beverage Laws Enforcement Commission shall be deposited in
the General Revenue Fund of the state.
G. The money received from the sale of property from the
Oklahoma State Bureau of Investigation shall be deposited in the
OSBI Revolving Fund and shall be expended for law enforcement
purposes.
H. The Director of the Department of Corrections shall make a
return of the sale and when confirmed by the court, the order
confirming the sale shall vest in the pur chaser title to the
property so purchased. Twenty -five percent (25%) of the money
received from the sale shall be disbursed to a revolving fund in the
office of the county treasurer of the county wherein the property
was seized, said such fund to be used as a revol ving fund solely for
enforcement of controlled dangerous substances laws, drug abuse
prevention, and drug abuse education. The remaining seventy -five
percent (75%) shall be deposited in the Department of Corrections
Revolving Fund to be expended for equipment for probation and parole
officers and correctional officers.
I. The money received from the sale of property from the Office
of the Attorney General shall be deposited in the Attorney General
Law Enforcement Revolving Fund and shall be expended for l aw
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enforcement purposes. The Office of the Attorney General may enter
into agreements with municipal, county , or state agencies to return
to such an agency a percentage of proceeds of the sale of any
property seized by the agency and forfeited u nder the provisions of
this section.
J. Any property, including but not limited to uncontaminated
laboratory equipment used in the processing, manufacturing , or
compounding of controlled dangerous substances in violation of the
provisions of the Uniform Controlled Dangerous Substances Act, upon
a court order, may be donated for classroom or laboratory use by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
Department of Public Safety, district attorney, the Alcoholic
Beverage Laws Enforc ement Commission, the Department of Corrections,
or the Office of the Attorney General to any public secondary school
or technology center school in this state or any institution of
higher education within The Oklahoma State System of Higher
Education.
K. Any vehicle or firearm which has come into the possession
and title vested in the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, the Department of Public Safety, the
Oklahoma State Bureau of Investigation, the Office of the Attorney
General, or a district attorney, may be transferred, donated , or
offered for lease to any sheriff ’s office, tribal law enforcement
agency, campus police department pursuant to the provisions of the
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Oklahoma Campus Security Act, or police department in this state on
an annual basis to assist with the enforcement of the provisions of
the Uniform Controlled Dangerous Substances Act. Each agency shall
promulgate rules, regulations , and procedures for leasing vehicles
and firearms. No fully automatic weapons will b e subject to the
leasing agreement. All firearms leased may be utilized only by
C.L.E.E.T.-certified CLEET-certified officers who have received
training in the type and class of weapon leased. Every lessee shall
be required to submit an annual report to the leasin g agency stating
the condition of all leased property. A lease agreement may be
renewed annually at the option of the leasing agency. Upon
termination of a lease agreement, the property shall be returned to
the leasing agency for sale or other disposition. All funds derived
from lease agreements or other disposition of property no longer
useful to law enforcement shall be deposited in the agency ’s
revolving fund, or in the case of the Department of Public Safety,
the Department of Public Safety Restricte d Revolving Fund, and shall
be expended for law enforcement purposes.
L. Before disposing of any property pursuant to subsections C
through I of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, the Department of Public Safety, the
Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
Bureau of Investigation, the Department of Corrections, the Office
of the Attorney General, or a district attorney may transfer or
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donate the property to another state agency, trib al law enforcement
agency, or school district for use upon request. In addition to the
provisions of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control may transfer or donate property for any
purpose pursuant to Sec tion 2-106.2 of this title. The agencies and
any district attorney that are parties to any transfer of property
pursuant to this subsection shall enter into written agreements to
carry out any such transfer of property. Any such agreement may
also provide for the granting of title to any property being
transferred as the parties deem appropriate. If the transfer of
property is to a school district, a written agreement shall be
entered into with the superintendent of the school district. No
weapons may be transferred to a school district except as provided
for in subsection K of this section.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 19, 2025 - DO PASS