Download Introduced

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STATE OF OKLAHOMA
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1st Session of the 54th Legislature (2013)
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HOUSE BILL 2217
By: Derby
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AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2011, Sections 2-101, as amended by Section
1, Chapter 80, O.S.L. 2012, 2-204, as amended by
Section 2, Chapter 80, O.S.L. 2012, 2-206, 2-210, as
amended by Section 4, Chapter 80, O.S.L. 2012, 2-212,
as amended by Section 2, Chapter 206, O.S.L. 2012, 2309D, as amended by Section 1, Chapter 51, O.S.L.
2012, 2-312.1, 2-332 and 2-401, as amended by Section
4, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012,
Sections 2-101, 2-204, 2-210, 2-212, 2-309D and 2401), which relate to the Uniform Controlled
Dangerous Substances Act; adding definition;
alphabetizing definition; adding certain substances
to Schedules I and II; deleting certain substance
from Schedule IV; modifying guidelines used for
dispensing certain product; clarifying
confidentiality requirements of investigative
information; defining term for certain prohibited
act; decreasing gram amount when possessing certain
substance; modifying scope of prohibited act;
amending 63 O.S. 2011, Section 2-701, as amended by
Section 5, Chapter 206, O.S.L. 2012 (63 O.S. Supp.
2012, Section 2-701), which relates to the Oklahoma
Methamphetamine Offender Registry Act; clarifying
elements of prohibited acts; and providing an
effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1.
AMENDATORY
63 O.S. 2011, Section 2-101, as
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amended by Section 1, Chapter 80, O.S.L. 2012 (63 O.S. Supp. 2012,
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Section 2-101), is amended to read as follows:
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Section 2-101.
As used in the Uniform Controlled Dangerous
Substances Act:
1.
“Administer” means the direct application of a controlled
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dangerous substance, whether by injection, inhalation, ingestion or
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any other means, to the body of a patient, animal or research
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subject by:
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a.
a practitioner (or, in the presence of the
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practitioner, by the authorized agent of the
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practitioner), or
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b.
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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 in
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behalf of the Director of the Oklahoma State Bureau of Narcotics and
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Dangerous Drugs Control or an authorized person who acts on behalf
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of or at the direction of a person who manufactures, distributes,
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dispenses, prescribes, administers or uses for scientific purposes
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controlled dangerous substances but does not include a common or
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contract carrier, public warehouser or employee thereof, or a person
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required to register under the Uniform Controlled Dangerous
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Substances Act;
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Req. No. 5238
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3.
“Anhydrous ammonia” means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
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“Board” means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. 5.
“Bureau” means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
5. 6.
“Coca leaves” includes cocaine and any compound,
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manufacture, salt, derivative, mixture or preparation of coca
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leaves, except derivatives of coca leaves which do not contain
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cocaine or ecgonine;
6. 7.
“Commissioner” or “Director” means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
7. 8.
“Control” means to add, remove or change the placement of
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a drug, substance or immediate precursor under the Uniform
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Controlled Dangerous Substances Act;
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8. 9.
“Controlled dangerous substance” means a drug, substance
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or immediate precursor in Schedules I through V of the Uniform
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Controlled Dangerous Substances Act, Section 2-101 et seq. of this
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title;
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9. 10.
“Counterfeit substance” means a controlled substance
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which, or the container or labeling of which without authorization,
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bears the trademark, trade name or other identifying marks, imprint,
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number or device or any likeness thereof of a manufacturer,
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distributor or dispenser other than the person who in fact
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manufactured, distributed or dispensed the substance;
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10. 11.
“Deliver” or “delivery” means the actual, constructive
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or attempted transfer from one person to another of a controlled
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dangerous substance or drug paraphernalia, whether or not there is
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an agency relationship;
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11. 12. “Dispense” means to deliver a controlled dangerous
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substance to an ultimate user or human research subject by or
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pursuant to the lawful order of a practitioner, including the
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prescribing, administering, packaging, labeling or compounding
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necessary to prepare the substance for such distribution.
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“Dispenser” is a practitioner who delivers a controlled dangerous
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substance to an ultimate user or human research subject;
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12. 13.
“Distribute” means to deliver other than by
administering or dispensing a controlled dangerous substance;
13. 14.
“Distributor” means a commercial entity engaged in the
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distribution or reverse distribution of narcotics and dangerous
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drugs and who complies with all regulations promulgated by the
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federal Drug Enforcement Administration and the Oklahoma State
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Bureau of Narcotics and Dangerous Drugs Control;
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14. 15.
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a.
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“Drug” means articles:
recognized in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of
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the United States, or official National Formulary, or
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any supplement to any of them,
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b.
intended for use in the diagnosis, cure, mitigation,
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treatment or prevention of disease in man or other
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animals,
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c.
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other than food, intended to affect the structure or
any function of the body of man or other animals, and
d.
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intended for use as a component of any article
specified in this paragraph;
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provided, however, the term “drug” does not include devices or their
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components, parts or accessories;
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15. 16.
“Drug-dependent person” means a person who is using a
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controlled dangerous substance and who is in a state of psychic or
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physical dependence, or both, arising from administration of that
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controlled dangerous substance on a continuous basis.
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dependence is characterized by behavioral and other responses which
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include a strong compulsion to take the substance on a continuous
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basis in order to experience its psychic effects, or to avoid the
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discomfort of its absence;
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16. 17.
Drug
“Drug paraphernalia” means all equipment, products and
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materials of any kind which are used, intended for use, or fashioned
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specifically for use in planting, propagating, cultivating, growing,
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harvesting, manufacturing, compounding, converting, producing,
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processing, preparing, testing, analyzing, packaging, repackaging,
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storing, containing, concealing, injecting, ingesting, inhaling or
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otherwise introducing into the human body, a controlled dangerous
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substance in violation of the Uniform Controlled Dangerous
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Substances Act including, but not limited to:
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a.
kits used, intended for use, or fashioned specifically
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for use in planting, propagating, cultivating, growing
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or harvesting of any species of plant which is a
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controlled dangerous substance or from which a
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controlled dangerous substance can be derived,
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b.
kits used, intended for use, or fashioned specifically
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for use in manufacturing, compounding, converting,
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producing, processing or preparing controlled
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dangerous substances,
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c.
isomerization devices used, intended for use, or
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fashioned specifically for use in increasing the
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potency of any species of plant which is a controlled
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dangerous substance,
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d.
testing equipment used, intended for use, or fashioned
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specifically for use in identifying, or in analyzing
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the strength, effectiveness or purity of controlled
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dangerous substances,
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e.
scales and balances used, intended for use, or
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fashioned specifically for use in weighing or
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measuring controlled dangerous substances,
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f.
diluents and adulterants, such as quinine
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hydrochloride, mannitol, mannite, dextrose and
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lactose, used, intended for use, or fashioned
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specifically for use in cutting controlled dangerous
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substances,
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g.
separation gins and sifters used, intended for use, or
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fashioned specifically for use in removing twigs and
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seeds from, or in otherwise cleaning or refining,
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marihuana,
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h.
blenders, bowls, containers, spoons and mixing devices
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used, intended for use, or fashioned specifically for
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use in compounding controlled dangerous substances,
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i.
capsules, balloons, envelopes and other containers
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used, intended for use, or fashioned specifically for
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use in packaging small quantities of controlled
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dangerous substances,
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j.
containers and other objects used, intended for use,
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or fashioned specifically for use in parenterally
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injecting controlled dangerous substances into the
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human body,
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k.
hypodermic syringes, needles and other objects used,
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intended for use, or fashioned specifically for use in
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parenterally injecting controlled dangerous substances
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into the human body,
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l.
objects used, intended for use, or fashioned
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specifically for use in ingesting, inhaling or
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otherwise introducing marihuana, cocaine, hashish or
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hashish oil into the human body, such as:
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(1)
metal, wooden, acrylic, glass, stone, plastic or
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ceramic pipes with or without screens, permanent
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screens, hashish heads or punctured metal bowls,
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(2)
water pipes,
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(3)
carburetion tubes and devices,
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(4)
smoking and carburetion masks,
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(5)
roach clips, meaning objects used to hold burning
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material, such as a marihuana cigarette, that has
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become too small or too short to be held in the
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hand,
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(6)
miniature cocaine spoons and cocaine vials,
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(7)
chamber pipes,
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(8)
carburetor pipes,
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(9)
electric pipes,
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(10) air-driven pipes,
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(11) chillums,
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(12) bongs, or
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(13) ice pipes or chillers,
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m.
all hidden or novelty pipes, and
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n.
any pipe that has a tobacco bowl or chamber of less
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than one-half (1/2) inch in diameter in which there is
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any detectable residue of any controlled dangerous
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substance as defined in this section or any other
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substances not legal for possession or use;
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provided, however, the term “drug paraphernalia” shall not include
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separation gins intended for use in preparing tea or spice, clamps
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used for constructing electrical equipment, water pipes designed for
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ornamentation in which no detectable amount of an illegal substance
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is found or pipes designed and used solely for smoking tobacco,
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traditional pipes of an American Indian tribal religious ceremony,
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or antique pipes that are thirty (30) years of age or older;
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18.
“Hazardous materials” means materials, whether solid,
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liquid or gas, which are toxic to human, animal, aquatic or plant
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life, and the disposal of which materials is controlled by state or
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federal guidelines;
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“Home care agency” means any sole proprietorship,
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partnership, association, corporation, or other organization which
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administers, offers, or provides home care services, for a fee or
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pursuant to a contract for such services, to clients in their place
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of residence;
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17. 20.
“Home care services” means skilled or personal care
services provided to clients in their place of residence for a fee;
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18. 21.
“Hospice” means a centrally administered, nonprofit or
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profit, medically directed, nurse-coordinated program which provides
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a continuum of home and inpatient care for the terminally ill
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patient and the patient’s family.
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centrally administered, nonprofit or profit, medically directed,
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nurse-coordinated program if such program is licensed pursuant to
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the provisions of this act.
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supportive care to meet the special needs arising out of the
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physical, emotional and spiritual stresses which are experienced
Such term shall also include a
A hospice program offers palliative and
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during the final stages of illness and during dying and bereavement.
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This care is available twenty-four (24) hours a day, seven (7) days
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a week, and is provided on the basis of need, regardless of ability
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to pay.
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“Class B” refers to all other providers of hospice services;
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“Class A” Hospice refers to Medicare certified hospices.
19. 22.
“Imitation controlled substance” means a substance that
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is not a controlled dangerous substance, which by dosage unit
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appearance, color, shape, size, markings or by representations made,
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would lead a reasonable person to believe that the substance is a
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controlled dangerous substance.
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dosage unit is not reasonably sufficient to establish that the
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substance is an “imitation controlled substance”, the court or
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authority concerned should consider, in addition to all other
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factors, the following factors as related to “representations made”
In the event the appearance of the
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in determining whether the substance is an “imitation controlled
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substance”:
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a.
statements made by an owner or by any other person in
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control of the substance concerning the nature of the
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substance, or its use or effect,
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b.
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may be resold for inordinate profit,
c.
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statements made to the recipient that the substance
whether the substance is packaged in a manner normally
used for illicit controlled substances,
d.
evasive tactics or actions utilized by the owner or
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person in control of the substance to avoid detection
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by law enforcement authorities,
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e.
prior convictions, if any, of an owner, or any other
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person in control of the object, under state or
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federal law related to controlled substances or fraud,
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and
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f.
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the proximity of the substances to controlled
dangerous substances;
20. 23.
“Immediate precursor” means a substance which the
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Director has found to be and by regulation designates as being the
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principal compound commonly used or produced primarily for use, and
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which is an immediate chemical intermediary used, or likely to be
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used, in the manufacture of a controlled dangerous substance, the
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control of which is necessary to prevent, curtail or limit such
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manufacture;
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24.
“Isomer” means the optical isomer, except as used in
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subsection C of Section 2-204 of this title and paragraph 4 of
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subsection A of Section 2-206 of this title.
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C of Section 2-204 of this title, “isomer” means the optical,
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positional or geometric isomer.
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subsection A of Section 2-206 of this title, the term “isomer” means
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the optical or geometric isomer;
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21. 25.
As used in subsection
As used in paragraph 4 of
“Laboratory” means a laboratory approved by the
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Director as proper to be entrusted with the custody of controlled
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dangerous substances and the use of controlled dangerous substances
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for scientific and medical purposes and for purposes of instruction;
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22. 26.
“Manufacture” means the production, preparation,
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propagation, compounding or processing of a controlled dangerous
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substance, either directly or indirectly by extraction from
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substances of natural or synthetic origin, or independently by means
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of chemical synthesis or by a combination of extraction and chemical
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synthesis.
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repackages or labels any container of any controlled dangerous
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substance, except practitioners who dispense or compound
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prescription orders for delivery to the ultimate consumer;
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“Manufacturer” includes any person who packages,
23. 27.
“Marihuana” means all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; the resin
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extracted from any part of such plant; and every compound,
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manufacture, salt, derivative, mixture or preparation of such plant,
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its seeds or resin, but shall not include the mature stalks of such
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plant, fiber produced from such stalks, oil or cake made from the
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seeds of such plant, any other compound, manufacture, salt,
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derivative, mixture or preparation of such mature stalks (except the
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resin extracted therefrom), fiber, oil or cake, or the sterilized
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seed of such plant which is incapable of germination;
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24. 28.
“Medical purpose” means an intention to utilize a
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controlled dangerous substance for physical or mental treatment, for
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diagnosis, or for the prevention of a disease condition not in
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violation of any state or federal law and not for the purpose of
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satisfying physiological or psychological dependence or other abuse;
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25. 29.
“Mid-level practitioner” means an advanced practice
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nurse as defined and within parameters specified in Section 567.3a
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of Title 59 of the Oklahoma Statutes, or a certified animal
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euthanasia technician as defined in Section 698.2 of Title 59 of the
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Oklahoma Statutes, or an animal control officer registered by the
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Oklahoma State Bureau of Narcotics and Dangerous Drugs Control under
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subsection B of Section 2-301 of this title within the parameters of
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such officer’s duty under Sections 501 through 508 of Title 4 of the
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Oklahoma Statutes;
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26. 30.
“Narcotic drug” means any of the following, whether
produced directly or indirectly by extraction from substances of
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vegetable origin, or independently by means of chemical synthesis,
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or by a combination of extraction and chemical synthesis:
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a.
opium, coca leaves and opiates,
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b.
a compound, manufacture, salt, derivative or
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preparation of opium, coca leaves or opiates,
c.
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salts of isomers,
d.
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cocaine, its salts, optical and geometric isomers, and
ecgonine, its derivatives, their salts, isomers and
salts of isomers, and
e.
a substance, and any compound, manufacture, salt,
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derivative or preparation thereof, which is chemically
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identical with any of the substances referred to in
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subparagraphs a through d of this paragraph, except
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that the words “narcotic drug” as used in Section 2-
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101 et seq. of this title shall not include
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decocainized coca leaves or extracts of coca leaves,
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which extracts do not contain cocaine or ecgonine;
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27. 31.
“Opiate” means any substance having an addiction-
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forming or addiction-sustaining liability similar to morphine or
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being capable of conversion into a drug having such addiction-
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forming or addiction-sustaining liability.
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unless specifically designated as controlled under the Uniform
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Controlled Dangerous Substances Act, the dextrorotatory isomer of 3-
It does not include,
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methoxy-n-methyl-morphinan and its salts (dextromethorphan).
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does include its racemic and levorotatory forms;
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28. 32.
It
“Opium poppy” means the plant of the species Papaver
somniferum L., except the seeds thereof;
29. 33.
“Peace officer” means a police officer, sheriff, deputy
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sheriff, district attorney’s investigator, investigator from the
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Office of the Attorney General, or any other person elected or
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appointed by law to enforce any of the criminal laws of this state
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or of the United States;
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30. 34.
“Person” means an individual, corporation, government
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or governmental subdivision or agency, business trust, estate,
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trust, partnership or association, or any other legal entity;
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31. 35.
“Poppy straw” means all parts, except the seeds, of the
opium poppy, after mowing;
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32. 36.
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a.
“Practitioner” means:
(1)
a medical doctor or osteopathic physician,
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(2)
a dentist,
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(3)
a podiatrist,
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(4)
an optometrist,
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(5)
a veterinarian,
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(6)
a physician assistant under the supervision of a
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licensed medical doctor or osteopathic physician,
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(7)
a scientific investigator, or
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(8)
any other person,
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licensed, registered or otherwise permitted to
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prescribe, distribute, dispense, conduct research with
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respect to, use for scientific purposes or administer
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a controlled dangerous substance in the course of
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professional practice or research in this state, or
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b.
a pharmacy, hospital, laboratory or other institution
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licensed, registered or otherwise permitted to
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distribute, dispense, conduct research with respect
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to, use for scientific purposes or administer a
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controlled dangerous substance in the course of
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professional practice or research in this state;
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33. 37.
“Production” includes the manufacture, planting,
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cultivation, growing or harvesting of a controlled dangerous
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substance;
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34. 38.
“State” means the State of Oklahoma or any other state
of the United States;
39.
a.
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“Synthetic controlled substance” means a substance:
(1)
the chemical structure of which is substantially
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similar to the chemical structure of a controlled
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dangerous substance in Schedule I or II,
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(2)
which has a stimulant, depressant, or
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hallucinogenic effect on the central nervous
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system that is substantially similar to or
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greater than the stimulant, depressant or
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hallucinogenic effect on the central nervous
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system of a controlled dangerous substance in
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Schedule I or II, or
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(3)
with respect to a particular person, which such
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person represents or intends to have a stimulant,
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depressant, or hallucinogenic effect on the
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central nervous system that is substantially
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similar to or greater than the stimulant,
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depressant, or hallucinogenic effect on the
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central nervous system of a controlled dangerous
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substance in Schedule I or II.
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b.
The designation of gamma butyrolactone or any other
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chemical as a precursor, pursuant to Section 2-322 of
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this title, does not preclude a finding pursuant to
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subparagraph a of this paragraph that the chemical is
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a synthetic controlled substance.
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c.
“Synthetic controlled substance” does not include:
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(1)
a controlled dangerous substance,
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(2)
any substance for which there is an approved new
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drug application,
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(3)
with respect to a particular person any
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substance, if an exemption is in effect for
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investigational use, for that person under the
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provisions of Section 505 of the Federal Food,
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Drug and Cosmetic Act, Title 21 of the United
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States Code, Section 355, to the extent conduct
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with respect to such substance is pursuant to
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such exemption, or
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(4)
any substance to the extent not intended for
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human consumption before such an exemption takes
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effect with respect to that substance.
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d.
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Prima facie evidence that a substance containing
salvia divinorum has been enhanced, concentrated or
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chemically or physically altered shall give rise to a
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rebuttable presumption that the substance is a
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synthetic controlled substance;
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40.
“Synthetic drug product” means any product that contains a
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substance defined as a controlled substance under subsections C and
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D of Section 2-204 of this title.
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Drug Administration of the United States Department of Health and
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Human Services for human consumption are not synthetic drug
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products;
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41.
Products approved by the Food and
“Tetrahydrocannabinols” means all substances that have been
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chemically synthesized to emulate the tetrahydrocannabinols of
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marihuana; and
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35. 42.
“Ultimate user” means a person who lawfully possesses a
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controlled dangerous substance for the person’s own use or for the
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use of a member of the person’s household or for administration to
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an animal owned by the person or by a member of the person’s
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household;
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36.
“Drug paraphernalia” means all equipment, products and
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materials of any kind which are used, intended for use, or fashioned
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specifically for use in planting, propagating, cultivating, growing,
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harvesting, manufacturing, compounding, converting, producing,
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processing, preparing, testing, analyzing, packaging, repackaging,
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storing, containing, concealing, injecting, ingesting, inhaling or
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otherwise introducing into the human body, a controlled dangerous
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substance in violation of the Uniform Controlled Dangerous
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Substances Act including, but not limited to:
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a.
kits used, intended for use, or fashioned specifically
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for use in planting, propagating, cultivating, growing
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or harvesting of any species of plant which is a
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controlled dangerous substance or from which a
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controlled dangerous substance can be derived,
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b.
kits used, intended for use, or fashioned specifically
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for use in manufacturing, compounding, converting,
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producing, processing or preparing controlled
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dangerous substances,
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c.
isomerization devices used, intended for use, or
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fashioned specifically for use in increasing the
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potency of any species of plant which is a controlled
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dangerous substance,
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d.
testing equipment used, intended for use, or fashioned
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specifically for use in identifying, or in analyzing
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the strength, effectiveness or purity of controlled
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dangerous substances,
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e.
scales and balances used, intended for use, or
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fashioned specifically for use in weighing or
7
measuring controlled dangerous substances,
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f.
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diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and
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lactose, used, intended for use, or fashioned
11
specifically for use in cutting controlled dangerous
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substances,
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g.
separation gins and sifters used, intended for use, or
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fashioned specifically for use in removing twigs and
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seeds from, or in otherwise cleaning or refining,
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marihuana,
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h.
blenders, bowls, containers, spoons and mixing devices
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used, intended for use, or fashioned specifically for
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use in compounding controlled dangerous substances,
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i.
capsules, balloons, envelopes and other containers
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used, intended for use, or fashioned specifically for
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use in packaging small quantities of controlled
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dangerous substances,
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Page 20
1
j.
containers and other objects used, intended for use,
2
or fashioned specifically for use in parenterally
3
injecting controlled dangerous substances into the
4
human body,
5
k.
hypodermic syringes, needles and other objects used,
6
intended for use, or fashioned specifically for use in
7
parenterally injecting controlled dangerous substances
8
into the human body,
9
l.
objects used, intended for use, or fashioned
10
specifically for use in ingesting, inhaling or
11
otherwise introducing marihuana, cocaine, hashish or
12
hashish oil into the human body, such as:
13
(1)
metal, wooden, acrylic, glass, stone, plastic or
14
ceramic pipes with or without screens, permanent
15
screens, hashish heads or punctured metal bowls,
16
(2)
water pipes,
17
(3)
carburetion tubes and devices,
18
(4)
smoking and carburetion masks,
19
(5)
roach clips, meaning objects used to hold burning
20
material, such as a marihuana cigarette, that has
21
become too small or too short to be held in the
22
hand,
23
(6)
miniature cocaine spoons and cocaine vials,
24
(7)
chamber pipes,
Req. No. 5238
Page 21
1
(8)
carburetor pipes,
2
(9)
electric pipes,
3
(10)
air-driven pipes,
4
(11)
chillums,
5
(12)
bongs, or
6
(13)
ice pipes or chillers,
7
m.
all hidden or novelty pipes, and
8
n.
any pipe that has a tobacco bowl or chamber of less
9
than one-half (1/2) inch in diameter in which there is
10
any detectable residue of any controlled dangerous
11
substance as defined in this section or any other
12
substances not legal for possession or use;
13
provided, however, the term “drug paraphernalia” shall not include
14
separation gins intended for use in preparing tea or spice, clamps
15
used for constructing electrical equipment, water pipes designed for
16
ornamentation in which no detectable amount of an illegal substance
17
is found or pipes designed and used solely for smoking tobacco,
18
traditional pipes of an American Indian tribal religious ceremony,
19
or antique pipes that are thirty (30) years of age or older;
20
37.
a.
21
“Synthetic controlled substance” means a substance:
(1)
the chemical structure of which is substantially
22
similar to the chemical structure of a controlled
23
dangerous substance in Schedule I or II,
24
Req. No. 5238
Page 22
1
(2)
which has a stimulant, depressant, or
2
hallucinogenic effect on the central nervous
3
system that is substantially similar to or
4
greater than the stimulant, depressant or
5
hallucinogenic effect on the central nervous
6
system of a controlled dangerous substance in
7
Schedule I or II, or
8
(3)
9
with respect to a particular person, which such
person represents or intends to have a stimulant,
10
depressant, or hallucinogenic effect on the
11
central nervous system that is substantially
12
similar to or greater than the stimulant,
13
depressant, or hallucinogenic effect on the
14
central nervous system of a controlled dangerous
15
substance in Schedule I or II.
16
b.
The designation of gamma butyrolactone or any other
17
chemical as a precursor, pursuant to Section 2-322 of
18
this title, does not preclude a finding pursuant to
19
subparagraph a of this paragraph that the chemical is
20
a synthetic controlled substance.
21
c.
“Synthetic controlled substance” does not include:
22
(1)
a controlled dangerous substance,
23
(2)
any substance for which there is an approved new
24
drug application,
Req. No. 5238
Page 23
1
(3)
with respect to a particular person any
2
substance, if an exemption is in effect for
3
investigational use, for that person under the
4
provisions of Section 505 of the Federal Food,
5
Drug and Cosmetic Act, Title 21 of the United
6
States Code, Section 355, to the extent conduct
7
with respect to such substance is pursuant to
8
such exemption, or
9
(4)
any substance to the extent not intended for
10
human consumption before such an exemption takes
11
effect with respect to that substance.
12
d.
Prima facie evidence that a substance containing
13
salvia divinorum has been enhanced, concentrated or
14
chemically or physically altered shall give rise to a
15
rebuttable presumption that the substance is a
16
synthetic controlled substance;
17
38.
“Tetrahydrocannabinols” means all substances that have been
18
chemically synthesized to emulate the tetrahydrocannabinols of
19
marihuana;
20
39.
“Isomer” means the optical isomer, except as used in
21
subsection C of Section 2-204 of this title and paragraph 4 of
22
subsection A of Section 2-206 of this title.
23
C of Section 2-204 of this title, “isomer” means the optical,
24
positional or geometric isomer.
Req. No. 5238
As used in subsection
As used in paragraph 4 of
Page 24
1
subsection A of Section 2-206 of this title, the term “isomer” means
2
the optical or geometric isomer;
3
40.
“Hazardous materials” means materials, whether solid,
4
liquid or gas, which are toxic to human, animal, aquatic or plant
5
life, and the disposal of which materials is controlled by state or
6
federal guidelines; and
7
8
9
41.
“Anhydrous ammonia” means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia.
SECTION 2.
AMENDATORY
63 O.S. 2011, Section 2-204, as
10
amended by Section 2, Chapter 80, O.S.L. 2012 (63 O.S. Supp. 2012,
11
Section 2-204), is amended to read as follows:
12
13
14
Section 2-204.
The controlled substances listed in this section
are included in Schedule I.
A.
Any of the following opiates, including their isomers,
15
esters, ethers, salts, and salts of isomers, esters, and ethers,
16
unless specifically excepted, when the existence of these isomers,
17
esters, ethers, and salts is possible within the specific chemical
18
designation:
19
1.
Acetylmethadol;
20
2.
Allylprodine;
21
3.
Alphacetylmethadol;
22
4.
Alphameprodine;
23
5.
Alphamethadol;
24
6.
Benzethidine;
Req. No. 5238
Page 25
1
7.
Betacetylmethadol;
2
8.
Betameprodine;
3
9.
Betamethadol;
4
10.
Betaprodine;
5
11.
Clonitazene;
6
12.
Dextromoramide;
7
13.
Dextrorphan (except its methyl ether);
8
14.
Diampromide;
9
15.
Diethylthiambutene;
10
16.
Dimenoxadol;
11
17.
Dimepheptanol;
12
18.
Dimethylthiambutene;
13
19.
Dioxaphetyl butyrate;
14
20.
Dipipanone;
15
21.
Ethylmethylthiambutene;
16
22.
Etonitazene;
17
23.
Etoxeridine;
18
24.
Furethidine;
19
25.
Hydroxypethidine;
20
26.
Ketobemidone;
21
27.
Levomoramide;
22
28.
Levophenacylmorphan;
23
29.
Morpheridine;
24
30.
Noracymethadol;
Req. No. 5238
Page 26
1
31.
Norlevorphanol;
2
32.
Normethadone;
3
33.
Norpipanone;
4
34.
Phenadoxone;
5
35.
Phenampromide;
6
36.
Phenomorphan;
7
37.
Phenoperidine;
8
38.
Piritramide;
9
39.
Proheptazine;
10
40.
Properidine;
11
41.
Racemoramide; or
12
42.
Trimeperidine.
13
B.
Any of the following opium derivatives, their salts,
14
isomers, and salts of isomers, unless specifically excepted, when
15
the existence of these salts, isomers, and salts of isomers is
16
possible within the specific chemical designation:
17
1.
Acetorphine;
18
2.
Acetyldihydrocodeine;
19
3.
Benzylmorphine;
20
4.
Codeine methylbromide;
21
5.
Codeine-N-Oxide;
22
6.
Cyprenorphine;
23
7.
Desomorphine;
24
8.
Dihydromorphine;
Req. No. 5238
Page 27
1
9.
2
10.
Heroin;
3
11.
Hydromorphinol;
4
12.
Methyldesorphine;
5
13.
Methylhydromorphine;
6
14.
Morphine methylbromide;
7
15.
Morphine methylsulfonate;
8
16.
Morphine-N-Oxide;
9
17.
Myrophine;
10
18.
Nicocodeine;
11
19.
Nicomorphine;
12
20.
Normorphine;
13
21.
Phoclodine; or
14
22.
Thebacon.
15
C.
Etorphine;
Any material, compound, mixture, or preparation which
16
contains any quantity of the following hallucinogenic substances,
17
their salts, isomers, and salts of isomers, unless specifically
18
excepted, when the existence of these salts, isomers, and salts of
19
isomers is possible within the specific chemical designation:
20
1.
Methcathinone;
21
2.
3, 4-methylenedioxy amphetamine;
22
3.
3, 4-methylenedioxy methamphetamine;
23
4.
5-methoxy-3, 4-methylenedioxy amphetamine;
24
5.
3, 4, 5-trimethoxy amphetamine;
Req. No. 5238
Page 28
1
6.
Bufotenine;
2
7.
Diethyltryptamine;
3
8.
Dimethyltryptamine;
4
9.
4-methyl-2, 5-dimethoxyamphetamine;
5
10.
Ibogaine;
6
11.
Lysergic acid diethylamide;
7
12.
Marihuana;
8
13.
Mescaline;
9
14.
N-benzylpiperazine;
10
15.
N-ethyl-3-piperidyl benzilate;
11
16.
N-methyl-3-piperidyl benzilate;
12
17.
Psilocybin;
13
18.
Psilocyn;
14
19.
2, 5 dimethoxyamphetamine;
15
20.
4 Bromo-2, 5-dimethoxyamphetamine;
16
21.
4 methoxyamphetamine;
17
22.
Cyclohexamine;
18
23.
Salvia Divinorum;
19
24.
Salvinorin A;
20
25.
Thiophene Analog of Phencyclidine.
Also known as: 1-(1-(2-
21
thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine;
22
TPCP, TCP;
23
26.
Phencyclidine (PCP);
24
Req. No. 5238
Page 29
1
2
27.
Pyrrolidine Analog for Phencyclidine.
Also known as 1-(1-
Phenyclyclohexyl) - Pyrrolidine, PCPy, PHP;
3
28.
1-(3-[trifluorometh-ylphenyl]) piperazine;
4
29.
Flunitrazepam;
5
30.
B-hydroxy-amphetamine;
6
31.
B-ketoamphetamine;
7
32.
2,5-dimethoxy-4-nitroamphetamine;
8
33.
2,5-dimethoxy-4-bromophenethylamine;
9
34.
2,5-dimethoxy-4-chlorophenethylamine;
10
35.
2,5-dimethoxy-4-iodoamphetamine;
11
36.
2,5-dimethoxy-4-iodophenethylamine;
12
37.
2,5-dimethoxy-4-methylphenethylamine;
13
38.
2,5-dimethoxy-4-ethylphenethylamine;
14
39.
2,5-dimethoxy-4-fluorophenethylamine;
15
40.
2,5-dimethoxy-4-nitrophenethylamine;
16
41.
2,5-dimethoxy-4-ethylthio-phenethylamine;
17
42.
2,5-dimethoxy-4-isopropylthio-phenethylamine;
18
43.
2,5-dimethoxy-4-propylthio-phenethylamine;
19
44.
2,5-dimethoxy-4-cyclopropylmethylthio-phenethylamine;
20
45.
2,5-dimethoxy-4-tert-butylthio-phenethylamine;
21
46.
2,5-dimethoxy-4-(2-fluoroethylthio)-phenethylamine;
22
47.
5-methoxy-N, N-dimethyltryptamine;
23
48.
N-methyltryptamine;
24
49.
A-ethyltryptamine;
Req. No. 5238
Page 30
1
50.
A-methyltryptamine;
2
51.
N, N-diethyltryptamine;
3
52.
N, N-diisopropyltryptamine;
4
53.
N, N-dipropyltryptamine;
5
54.
5-methoxy-a-methyltryptamine;
6
55.
4-hydroxy-N, N-diethyltryptamine;
7
56.
4-hydroxy-N, N-diisopropyltryptamine;
8
57.
5-methoxy-N, N-diisopropyltryptamine;
9
58.
4-hydroxy-N-isopropyl-N-methyltryptamine;
10
59.
3,4-Methylenedioxymethcathinone (Methylone);
11
60.
3,4-Methylenedioxypyrovalerone (MDPV);
12
61.
4-Methylmethcathinone (Mephedrone);
13
62.
4-methoxymethcathinone;
14
63.
4-Fluoromethcathinone;
15
64.
3-Fluoromethcathinone;
16
65.
1-(8-bromobenzo[1,2-b;4,5-b’]difuran-4-yl)-2-aminopropane;
17
66.
2,5-Dimethoxy-4-chloroamphetamine;
18
67.
4-Methylmethcathinone 4-Methylethcathinone;
19
68.
Pyrovalerone;
20
69.
N,N-diallyl-5-methoxytryptamine;
21
70.
3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
22
71.
B-keto-N-Methylbenzodioxolylbutanamine (Butylone); or
23
72.
B-keto-Methylbenzodioxolylpentanamine (Pentylone);
24
73.
Alpha-Pyrrolidinopentiophenone;
Req. No. 5238
Page 31
1
74.
4-Fluoroamphetamine;
2
75.
Pentredone;
3
76.
4’-Methyl-a-pyrrolidinohexaphenone;
4
77.
2,5-dimethoxy-4-(n)-propylphenethylamine;
5
78.
2,5-dimethoxyphenethylamine;
6
79.
1,4-Dibenzylpiperazine; or
7
80.
N,N-Dimethylamphetamine.
8
D.
9
Unless specifically excepted or unless listed in a different
schedule, any material, compound, mixture, or preparation which
10
contains any quantity of the following substances having stimulant
11
or depressant effect on the central nervous system:
12
1.
Fenethylline;
13
2.
Mecloqualone;
14
3.
N-ethylamphetamine;
15
4.
Methaqualone;
16
5.
Gamma-Hydroxybutyric Acid, also known as GHB, gamma-
17
hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium
18
oxybate, and sodium oxybutyrate;
19
6.
Gamma-Butyrolactone (GBL) as packaged, marketed,
20
manufactured or promoted for human consumption, with the exception
21
of legitimate food additive and manufacturing purposes;
22
7.
Gamma Hydroxyvalerate (GHV) as packaged, marketed, or
23
manufactured for human consumption, with the exception of legitimate
24
food additive and manufacturing purposes;
Req. No. 5238
Page 32
1
8.
Gamma Valerolactone (GVL) as packaged, marketed, or
2
manufactured for human consumption, with the exception of legitimate
3
food additive and manufacturing purposes; or
4
9.
1,4 Butanediol (1,4 BD or BDO) as packaged, marketed,
5
manufactured, or promoted for human consumption with the exception
6
of legitimate manufacturing purposes.
7
E.
1.
The following industrial uses of Gamma-Butyrolactone,
8
Gamma Hydroxyvalerate, Gamma Valerolactone, or 1,4 Butanediol are
9
excluded from all schedules of controlled substances under this
10
title:
11
a.
pesticides,
12
b.
photochemical etching,
13
c.
electrolytes of small batteries or capacitors,
14
d.
viscosity modifiers in polyurethane,
15
e.
surface etching of metal coated plastics,
16
f.
organic paint disbursements for water soluble inks,
17
g.
pH regulators in the dyeing of wool and polyamide
18
fibers,
19
h.
foundry chemistry as a catalyst during curing,
20
i.
curing agents in many coating systems based on
21
22
urethanes and amides,
j.
23
24
additives and flavoring agents in food, confectionary,
and beverage products,
k.
Req. No. 5238
synthetic fiber and clothing production,
Page 33
1
l.
tetrahydrofuran production,
2
m.
gamma butyrolactone production,
3
n.
polybutylene terephthalate resin production,
4
o.
polyester raw materials for polyurethane elastomers
5
and foams,
6
p.
coating resin raw material, and
7
q.
as an intermediate in the manufacture of other
8
9
chemicals and pharmaceuticals.
2.
At the request of any person, the Director may exempt any
10
other product containing Gamma-Butyrolactone, Gamma Hydroxyvalerate,
11
Gamma Valerolactone, or 1,4 Butanediol from being included as a
12
Schedule I controlled substance if such product is labeled,
13
marketed, manufactured and distributed for legitimate industrial use
14
in a manner that reduces or eliminates the likelihood of abuse.
15
3.
In making a determination regarding an industrial product,
16
the Director, after notice and hearing, shall consider the
17
following:
18
a.
the history and current pattern of abuse,
19
b.
the name and labeling of the product,
20
c.
the intended manner of distribution, advertising and
21
22
promotion of the product, and
d.
23
other factors as may be relevant to and consistent
with the public health and safety.
24
Req. No. 5238
Page 34
1
2
3
4.
The hearing shall be held in accordance with the procedures
of the Administrative Procedures Act.
F.
Any material, compound, mixture, or preparation which
4
contains any quantity of a the following synthetic chemical compound
5
compounds that is a are cannabinoid receptor agonist agonists and
6
mimics mimic the pharmacological effect effects of naturally
7
occurring substances including, their salts, isomers, and salts of
8
isomers, unless specifically excepted, when the existence of these
9
salts, isomers, and salts of isomers is possible within the specific
10
chemical desigation:
11
1.
JWH-004;
12
2.
JWH-007;
13
3.
JWH-009;
14
4.
JWH-015;
15
5.
JWH-016;
16
6.
JWH-018;
17
7.
JWH-019;
18
8.
JWH-020;
19
9.
JWH-030;
20
10.
JWH-046;
21
11.
JWH-047;
22
12.
JWH-048;
23
13.
JWH-049;
24
14.
JWH-050;
Req. No. 5238
Page 35
1
15.
JWH-070;
2
16.
JWH-071;
3
17.
JWH-072;
4
18.
JWH-073;
5
19.
JWH-076;
6
20.
JWH-079;
7
21.
JWH-080;
8
22.
JWH-081;
9
23.
JWH-082;
10
24.
JWH-094;
11
25.
JWH-096;
12
26.
JWH-098;
13
27.
JWH-116;
14
28.
JWH-120;
15
29.
JWH-122;
16
30.
JWH-145;
17
31.
JWH-146;
18
32.
JWH-147;
19
33.
JWH-148;
20
34.
JWH-149;
21
35.
JWH-150;
22
36.
JWH-156;
23
37.
JWH-167;
24
38.
JWH-175;
Req. No. 5238
Page 36
1
39.
JWH-180;
2
40.
JWH-181;
3
41.
JWH-182;
4
42.
JWH-184;
5
43.
JWH-185;
6
44.
JWH-189;
7
45.
JWH-192;
8
46.
JWH-193;
9
47.
JWH-194;
10
48.
JWH-195;
11
49.
JWH-196;
12
50.
JWH-197;
13
51.
JWH-198;
14
52.
JWH-199;
15
53.
JWH-200;
16
54.
JWH-201;
17
55.
JWH-202;
18
56.
JWH-203;
19
57.
JWH-204;
20
58.
JWH-205;
21
59.
JWH-206;
22
60.
JWH-207;
23
61.
JWH-208;
24
62.
JWH-209;
Req. No. 5238
Page 37
1
63.
JWH-210;
2
64.
JWH-211;
3
65.
JWH-212;
4
66.
JWH-213;
5
67.
JWH-234;
6
68.
JWH-235;
7
69.
JWH-236;
8
70.
JWH-237;
9
71.
JWH-239;
10
72.
JWH-240;
11
73.
JWH-241;
12
74.
JWH-242;
13
75.
JWH-243;
14
76.
JWH-244;
15
77.
JWH-245;
16
78.
JWH-246;
17
79.
JWH-248;
18
80.
JWH-249;
19
81.
JWH-250;
20
82.
JWH-251;
21
83.
JWH-252;
22
84.
JWH-253;
23
85.
JWH-262;
24
86.
JWH-292;
Req. No. 5238
Page 38
1
87.
JWH-293;
2
88.
JWH-302;
3
89.
JWH-303;
4
90.
JWH-304;
5
91.
JWH-305;
6
92.
JWH-306;
7
93.
JWH-307;
8
94.
JWH-308;
9
95.
JWH-311;
10
96.
JWH-312;
11
97.
JWH-313;
12
98.
JWH-314;
13
99.
JWH-315;
14
100.
JWH-316;
15
101.
JWH-346;
16
102.
JWH-348;
17
103.
JWH-363;
18
104.
JWH-364;
19
105.
JWH-365;
20
106.
JWH-367;
21
107.
JWH-368;
22
108.
JWH-369;
23
109.
JWH-370;
24
110.
JWH-371;
Req. No. 5238
Page 39
1
111.
JWH-373;
2
112.
JWH-386;
3
113.
JWH-387;
4
114.
JWH-392;
5
115.
JWH-394;
6
116.
JWH-395;
7
117.
JWH-397;
8
118.
JWH-398;
9
119.
JWH-399;
10
120.
JWH-400;
11
121.
JWH-412;
12
122.
JWH-413;
13
123.
JWH-414;
14
124.
JWH-415;
15
125.
CP-55, 940;
16
126.
CP-47, 497;
17
127.
HU-210;
18
128.
HU-211;
19
129.
WIN-55, 212-2;
20
130.
AM-2201;
21
131.
AM-2233; and
22
132.
JWH-018 adamantyl-carboxamide;
23
133.
AKB48;
24
134.
JWH-122 N-(4-pentenyl)analog;
Req. No. 5238
Page 40
1
135.
MMAM2201;
2
136.
URB597;
3
137.
URB602;
4
138.
URB754;
5
139.
UR144;
6
140.
XLR11;
7
141.
A-796,260; and
8
142.
STS-135.
9
SECTION 3.
10
11
12
13
AMENDATORY
63 O.S. 2011, Section 2-206, is
amended to read as follows:
Section 2-206.
The controlled substances listed in this section
are included in Schedule II.
A.
Any of the following substances except those narcotic drugs
14
listed in other schedules whether produced directly or indirectly by
15
extraction from substances of vegetable origin, or independently by
16
means of chemical synthesis, or by combination of extraction and
17
chemical synthesis:
18
19
20
1.
Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate;
2.
Any salt, compound, isomer, derivative, or preparation
21
thereof which is chemically equivalent or identical with any of the
22
substances referred to in paragraph 1 of this subsection, but not
23
including the isoquinoline alkaloids of opium;
24
3.
Opium poppy and poppy straw; or
Req. No. 5238
Page 41
1
4.
Coca leaves except coca leaves and extracts of coca leaves
2
from which cocaine, ecgonine, and derivatives of ecgonine or their
3
salts have been removed; cocaine, its salts, optical and geometric
4
isomers, and salts of isomers; ecgonine, its derivatives, their
5
salts, isomers and salts of isomers; or any compound, mixture or
6
preparation which contains any quantity of any of the substances
7
referred to in this paragraph.
8
9
B.
Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters and ethers, when
10
the existence of these isomers, esters, ethers, and salts is
11
possible within the specific chemical designation:
12
1.
Alphaprodine;
13
2.
Anileridine;
14
3.
Bezitramide;
15
4.
Dihydrocodeine;
16
5.
Diphenoxylate;
17
6.
Fentanyl;
18
7.
Hydromorphone;
19
8.
Isomethadone;
20
9.
Levomethorphan;
21
10.
Levorphanol;
22
11.
Metazocine;
23
12.
Methadone;
24
Req. No. 5238
Page 42
1
2
3
4
13.
Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-
diphenyl butane;
14.
Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-
diphenyl-propane-carboxylic acid;
5
15.
Oxycodone;
6
16.
Oxymorphone;
7
17.
Pethidine (Meperidine);
8
18.
Pethidine - Intermediate - A, 4-cyano-1-methyl-4-
9
phenylpiperidine;
10
19.
11
carboxylate;
12
20.
13
Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-
Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-
4-carboxylic acid;
14
21.
Phenazocine;
15
22.
Piminodine;
16
23.
Racemethorphan;
17
24.
Racemorphan;
18
25.
Etorphine Hydrochloride salt only;
19
26.
Alfentanil hydrochloride;
20
27.
Levo-alphacetylmethadol;
21
28.
Codeine;
22
29.
Hydrocodone;
23
30.
Morphine;
24
31.
Remifentanil; or
Req. No. 5238
Page 43
1
32.
2
C.
Any substance which contains any quantity of:
3
1.
Methamphetamine, including its salts, isomers, and salts of
4
5
6
Sufentanil.
isomers;
2.
Amphetamine, its salts, optical isomers, and salts of its
optical isomers; or
7
3.
Nabilone; or
8
4.
Lisdexamfetamine.
9
D.
Unless specifically excepted or unless listed in another
10
schedule, any material, compound, mixture, or preparation, which
11
contains any quantity of the following substances having stimulant
12
or depressant effect on the central nervous system:
13
1.
Phenmetrazine and its salts;
14
2.
Methylphenidate;
15
3.
Amobarbital;
16
4.
Pentobarbital; or
17
5.
Secobarbital.
18
SECTION 4.
AMENDATORY
63 O.S. 2011, Section 2-210, as
19
amended by Section 4, Chapter 80, O.S.L. 2012 (63 O.S. Supp. 2012,
20
Section 2-210), is amended to read as follows:
21
Section 2-210.
A.
Any material, compound, mixture, or
22
preparation which contains any quantity of the following substances
23
having a potential for abuse associated with a stimulant or
24
depressant effect on the central nervous system:
Req. No. 5238
Page 44
1
1.
Chloral betaine;
2
2.
Chloral hydrate;
3
3.
Ethchlorvynol;
4
4.
Ethinamate;
5
5.
Meprobamate;
6
6.
Paraldehyde;
7
7.
Petrichloral;
8
8.
Diethylpropion;
9
9.
Phentermine;
10
10.
Pemoline;
11
11.
Chlordiazepoxide;
12
12.
Chlordiazepoxide and its salts, but not including
13
chlordiazepoxide hydrochloride and clidinium bromide or
14
chlordiazepoxide and water-soluble esterified estrogens;
15
13.
Diazepam;
16
14.
Oxazepam;
17
15.
Clorazepate;
18
16.
Flurazepam and its salts;
19
17.
Clonazepam;
20
18.
Barbital;
21
19.
Mebutamate;
22
20.
Methohexital;
23
21.
Methylphenobarbital;
24
22.
Phenobarbital;
Req. No. 5238
Page 45
1
23.
Fenfluramine;
2
24.
Pentazocine;
3
25.
Propoxyphene;
4
26.
Butorphanol;
5
27.
Alprazolam;
6
28.
Halazepam;
7
29.
Lorazepam;
8
30.
Prazepam;
9
31.
Temazepam;
10
32.
Triazolam;
11
33.
Carisoprodol;
12
34.
Ephedrine, its salts, optical isomers, and salts of optical
13
isomers as the only active ingredient, or in combination with other
14
active ingredients;
15
35.
16
36. 35.
Estazolam;
17
37. 36.
Eszopiclone;
18
38. 37.
Midazolam;
19
39. 38.
Modafinil;
20
40. 39.
Zaleplon;
21
41. 40.
Zolpidem; or
22
42. 41.
Tramadol.
23
B.
24
Dichloralphenazone;
1.
The following nonnarcotic substances, which may, under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C., Section 301),
Req. No. 5238
Page 46
1
be lawfully sold over the counter without a prescription, are
2
excluded from all schedules of controlled substances under this
3
title:
4
a.
Breathe-Aid,
5
b.
BronCare,
6
c.
Bronchial Congestion,
7
d.
Bronkaid Tablets,
8
e.
Bronkaid Dual Action Caplets,
9
f.
Bronkotabs,
10
g.
Bronkolixir,
11
h.
NeoRespin,
12
i.
Pazo Hemorrhoid Ointment and Suppositories,
13
j.
Primatene Tablets,
14
k.
Primatene "Dual Action" Formula,
15
l.
Quelidrine,
16
m.
Resp, and
17
n.
Vatronal Nose Drops.
18
2.
At the request of any person, the Director may exempt any
19
other drug product containing ephedrine from being included as a
20
Schedule IV controlled substance if such product:
21
a.
is labeled and marketed in a manner consistent with
22
the pertinent OTC tentative final or final monograph
23
issued by the FDA, and
24
Req. No. 5238
Page 47
1
b.
is manufactured and distributed for legitimate
2
medicinal use and in a manner that reduces or
3
eliminates the likelihood of abuse.
4
5
3.
In making a determination regarding a drug product, the
Director, after notice and hearing, shall consider the following:
6
a.
the history and current pattern of abuse,
7
b.
the name and labeling of the product,
8
c.
the intended manner of distribution, advertising and
9
promotion of the product, and
10
d.
11
12
13
14
other factors as may be relevant to and consistent
with the public health and safety.
4.
The hearing shall be held in accordance with the
Administrative Procedures Act.
5.
A list of current drug products meeting exemption
15
requirements under this subsection may be obtained from the Bureau
16
upon written request.
17
C.
The Board of Pharmacy may except by rule any compound,
18
mixture, or preparation containing any depressant substance listed
19
in subsection A of this section from the application of all or any
20
part of the Uniform Controlled Dangerous Substances Act, Section 2-
21
101 et seq. of this title, if the compound, mixture, or preparation
22
contains one or more active medicinal ingredients not having a
23
depressant effect on the central nervous system, and if the
24
admixtures are included therein in combinations, quantity,
Req. No. 5238
Page 48
1
proportion, or concentration that vitiate the potential for abuse of
2
the substances which have a depressant effect on the central nervous
3
system.
4
SECTION 5.
AMENDATORY
63 O.S. 2011, Section 2-212, as
5
amended by Section 2, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012,
6
Section 2-212), is amended to read as follows:
7
8
9
Section 2-212.
A.
The controlled substances listed in this
section are included in Schedule V.
1.
Any compound, mixture, or preparation containing limited
10
quantities of any of the following narcotic drugs, which also
11
contains one or more nonnarcotic active medicinal ingredients in
12
sufficient proportion to confer upon the compound, mixture, or
13
preparation, valuable medicinal qualities other than those possessed
14
by the narcotic drug alone:
15
a.
not more than two hundred (200) milligrams of codeine,
16
or any of its salts, per one hundred (100) milliliters
17
or per one hundred (100) grams,
18
b.
not more than one hundred (100) milligrams of
19
dihydrocodeine, or any of its salts, per one hundred
20
(100) milliliters or per one hundred (100) grams,
21
c.
not more than one hundred (100) milligrams of
22
ethylmorphine, or any of its salts, per one hundred
23
(100) milliliters or per one hundred (100) grams,
24
Req. No. 5238
Page 49
1
d.
not more than two and five-tenths (2.5) milligrams of
2
diphenoxylate and not less than twenty-five (25)
3
micrograms of atropine sulfate per dosage unit, or
4
e.
not more than one hundred (100) milligrams of opium
5
per one hundred (100) milliliters or per one hundred
6
(100) grams.
7
2.
Any compound, mixture, or preparation containing any
8
detectable quantity of base pseudoephedrine or ephedrine, its salts
9
or optical isomers, or salts of optical isomers.
If any compound,
10
mixture, or preparation as specified in this paragraph is dispensed,
11
sold, or distributed in a pharmacy:
12
a.
it shall be dispensed, sold, or distributed only by,
13
or under the supervision of, a licensed pharmacist or
14
a registered pharmacy technician,
15
b.
a service charge not to exceed the purchase price of
16
the product, mixture or preparation may be assessed
17
and collected by the licensed pharmacist or registered
18
pharmacy technician at the point of sale from the
19
person seeking to purchase, receive or otherwise
20
acquire a pseudoephedrine product or products.
21
receipt of payment of the service charge, the licensed
22
pharmacist or registered pharmacy technician shall
23
access the methamphetamine offender registry and
24
verify whether the person is an individual who is
Req. No. 5238
Upon
Page 50
1
listed on the methamphetamine offender registry.
2
verification that the person is an individual who is
3
not listed on the methamphetamine offender registry,
4
the service charge shall be deducted from the total
5
purchase price of the pseudoephedrine product or
6
products.
7
individual who is listed on the methamphetamine
8
offender registry, the person shall be prohibited from
9
purchasing the pseudoephedrine product or products and
Upon
Upon verification that the person is an
10
shall be required to forfeit the service charge
11
previously collected by the licensed pharmacist or
12
registered pharmacy technician.
13
requires the assessment and collection of a service
14
charge for pseudoephedrine products shall post a clear
15
and conspicuous sign at each public entrance to the
16
place of business and at each register within the
17
pharmacy that provides notice to customers of the
18
pharmacy that a service charge shall be assessed and
19
collected for pseudoephedrine products and, upon
20
verification that the person is listed on the
21
methamphetamine offender registry, the service charge
22
shall be forfeited and retained by the pharmacy, and
23
c.
24
Any pharmacy that
any person who is not an individual listed on the
methamphetamine offender registry that is purchasing,
Req. No. 5238
Page 51
1
receiving, or otherwise acquiring any compound,
2
mixture, or preparation shall produce a driver
3
license, passport, military identification, or other
4
state-issued identification card and shall sign a
5
written or electronic log, receipt, or other program
6
or mechanism approved by the Oklahoma Bureau of
7
Narcotics and Dangerous Drugs Control, showing:
8
(1)
the date and time of the transaction,
9
(2)
name, address and date of birth of the purchaser,
10
(3)
driver license number, passport, military
11
identification, or state-issued identification
12
number and state of residence of the purchaser,
13
(4)
14
name and initials of the pharmacist or pharmacy
technician conducting the transaction,
15
(5)
the product being sold, and
16
(6)
total quantity, in grams, of base pseudoephedrine
17
or ephedrine purchased, and
18
(7)
attestation by the person receiving the compound,
19
mixture or preparation that the person is not
20
subject to the Methamphetamine Offender Registry
21
Act.
22
No person shall purchase, receive, or otherwise acquire more
23
than three and six-tenths (3.6) grams of any product, mixture, or
24
preparation per day or more than seven and two-tenths (7.2) grams of
Req. No. 5238
Page 52
1
any product, mixture, or preparation within any thirty-day period,
2
or sixty (60) grams of any product, mixture, or preparation within a
3
twelve-month period.
4
otherwise acquired the daily limit of three and six-tenths (3.6)
5
grams of any product, mixture or preparation, the person shall be
6
prohibited from purchasing, receiving or otherwise acquiring any
7
additional product, mixture or preparation containing any detectable
8
quantity of base pseudoephedrine or ephedrine for a period of not
9
less than seventy-two (72) hours following the last permitted
Once a person has purchased, received or
10
purchase.
11
quantity of such product, mixture or preparation dispensed pursuant
12
to a valid prescription.
13
mandated by any individual or corporate entity that interferes with
14
the professional duty of a pharmacist to counsel and evaluate the
15
appropriate pharmaceutical needs of a patient and the exercise of
16
the professional judgment of a pharmacist as to whether it is
17
appropriate to dispense medication as set forth in this paragraph or
18
otherwise.
19
3.
20
21
The requirements of this paragraph shall not apply to any
There shall be no protocol or procedure
Any compound, mixture, or preparation containing any
detectable quantity of pregabalin.
B.
The Director of the Oklahoma State Bureau of Narcotics and
22
Dangerous Drugs Control, by rule, may exempt other products from
23
this Schedule which the Director finds are not used in the illegal
24
manufacture of methamphetamine or other controlled dangerous
Req. No. 5238
Page 53
1
substances.
2
of the product from the Schedule if the product is determined by the
3
Director to have been formulated in such a way as to effectively
4
prevent the conversion of the active ingredient into
5
methamphetamine.
6
A manufacturer of a drug product may apply for removal
SECTION 6.
AMENDATORY
63 O.S. 2011, Section 2-309D, as
7
amended by Section 1, Chapter 51, O.S.L. 2012 (63 O.S. Supp. 2012,
8
Section 2-309D), is amended to read as follows:
9
Section 2-309D.
A.
The information collected at the central
10
repository pursuant to the Anti-Drug Diversion Act shall be
11
confidential and shall not be open to the public.
12
information shall be limited to:
13
1.
Access to the
Peace officers certified pursuant to Section 3311 of Title
14
70 of the Oklahoma Statutes who are employed as investigative agents
15
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
16
Control;
17
18
19
20
2.
The United States Drug Enforcement Administration Diversion
Group Supervisor;
3.
The executive director or chief investigator, as designated
by each board, of the following state boards:
21
a.
Board of Podiatric Medical Examiners,
22
b.
Board of Dentistry,
23
c.
State Board of Pharmacy,
24
d.
State Board of Medical Licensure and Supervision,
Req. No. 5238
Page 54
1
e.
State Board of Osteopathic Examiners,
2
f.
State Board of Veterinary Medical Examiners, and
3
g.
Oklahoma Health Care Authority;
4
provided, however, that the executive director or chief investigator
5
of each of these boards shall be limited to access to information
6
relevant to licensees of the employing board of such executive
7
director or chief investigator; and
8
9
10
4.
A multicounty grand jury properly convened pursuant to the
Multicounty Grand Jury Act.
B.
This section shall not prevent the disclosure access, at the
11
discretion of the Director of the Oklahoma Bureau of Narcotics and
12
Dangerous Drugs Control, of to investigative information to by peace
13
officers and investigative agents of federal, state, county or
14
municipal law enforcement agencies, district attorneys and the
15
Attorney General in furtherance of criminal investigations or
16
prosecutions within their respective jurisdictions, and to
17
registrants in furtherance of efforts to guard against the diversion
18
of controlled dangerous substances.
19
C.
This section shall not prevent the disclosure, at the
20
discretion of the Director of the Oklahoma State Bureau of Narcotics
21
and Dangerous Drugs Control, of statistical information gathered
22
from the central repository to the general public which shall be
23
limited to types and quantities of controlled substances dispensed
24
and the county where dispensed.
Req. No. 5238
Page 55
1
D.
Any unauthorized disclosure of any information collected at
2
the central repository provided by the Anti-Drug Diversion Act shall
3
be a misdemeanor.
4
be deemed willful neglect of duty and shall be grounds for removal
5
from office.
6
E.
Violation of the provisions of this section shall
Notwithstanding the provisions of subsection B, registrants
7
shall have no requirement or obligation to access or check the
8
information in the central repository prior to dispensing or
9
administering medications or as part of their professional
10
practices.
11
claim of damages as a result of accessing or failing to access the
12
information in the central repository and no lawsuit may be
13
predicated thereon.
14
registrant from any duty to monitor and report the sales of certain
15
products pursuant to subsection E of Section 2-309C of this title.
16
F.
Registrants shall not be liable to any person for any
Nothing herein shall be construed to relieve a
Information regarding nonfatal overdoses, other than
17
statistical information as required by Section 2-106 of this title,
18
shall be completely confidential.
19
be strictly limited to the Director of the Oklahoma State Bureau of
20
Narcotics and Dangerous Drugs Control or designee, the Chief Medical
21
Examiner, and the registrant that enters the information.
22
Registrants shall not be liable to any person for a claim of damages
23
for information reported pursuant to the provisions of Section 2-105
24
of this title.
Req. No. 5238
Access to this information shall
Page 56
1
2
3
SECTION 7.
AMENDATORY
63 O.S. 2011, Section 2-312.1, is
amended to read as follows:
Section 2-312.1
A.
A licensed practitioner as defined in
4
Section 355 of Title 59 of the Oklahoma Statutes shall not
5
prescribe, dispense, deliver, or administer an anabolic steroid or
6
human growth hormone or cause an anabolic steroid or human growth
7
hormone to be administered under the direction or supervision of the
8
practitioner except for a valid medical purpose and in the course of
9
a professional practice.
A valid medical purpose for the use of
10
anabolic steroids or human growth hormones shall not include
11
bodybuilding, muscle enhancement or increasing muscle bulk or
12
strength of a person who is in good health.
13
prohibit the use of anabolic steroids for the treatment of livestock
14
or domestic animals in accordance with state or federal law.
15
B.
This section shall not
The prescribing, dispensing, delivering or administering of
16
an anabolic steroid by a licensed practitioner in violation of the
17
provisions of subsection A of this section shall be grounds for
18
revocation or nonrenewal of the license of such licensed
19
practitioner to practice in this state.
20
practitioner prescribing, dispensing, delivering or administering an
21
anabolic steroid in violation of the provisions of subsection A of
22
this section, upon conviction thereof shall be guilty of a felony
23
punishable by imprisonment in the State Penitentiary custody of the
24
Department of Corrections for a term of not more than three (3)
Req. No. 5238
In addition, any licensed
Page 57
1
years, or by a fine not to exceed Ten Thousand Dollars ($10,000.00),
2
or by both such imprisonment and fine.
3
4
5
6
7
C. As used in this section, “human growth hormone” means
somatrem, somatropin or an analogue of somatrem or somatropin.
SECTION 8.
AMENDATORY
63 O.S. 2011, Section 2-332, is
amended to read as follows:
Section 2-332.
A.
It shall be unlawful for a person to
8
knowingly and unlawfully possess a drug product containing
9
ephedrine, pseudoephedrine or phenylpropanolamine, or their salts,
10
isomers or salts of isomers with intent to use the product as a
11
precursor to manufacture methamphetamine or another controlled
12
substance.
13
B.
Except as provided in this subsection, possession of a drug
14
product containing more than nine (9) seven and two-tenths (7.2)
15
grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their
16
salts, isomers or salts of isomers shall constitute a rebuttable
17
presumption of the intent to use the product as a precursor to
18
methamphetamine or another controlled substance.
19
presumption established by this subsection shall not apply to the
20
following persons who are lawfully possessing drug products in the
21
course of legitimate business:
The rebuttable
22
1.
A retail distributor of drug products or wholesaler;
23
2.
A wholesale drug distributor, or its agents, licensed by the
24
Board of Pharmacy;
Req. No. 5238
Page 58
1
2
3.
A manufacturer of drug products, or its agents, licensed by
the Board of Pharmacy;
3
4.
A pharmacist licensed by the Board of Pharmacy; and
4
5.
A licensed healthcare professional possessing the drug
5
6
products in the course of carrying out his profession.
C.
A violation of subsection A of this section shall be a
7
felony punishable as provided for in subsection G of Section 2-401
8
of this title.
9
D.
Any wholesaler, manufacturer, or distributor of drug
10
products containing pseudoephedrine or phenylpropanolamine, or their
11
salts, isomers, or salts of isomers shall obtain a registration
12
annually from the Oklahoma State Bureau of Narcotics and Dangerous
13
Drugs Control.
14
shall keep complete records of all transactions involving such drug
15
products including the names of all parties involved in the
16
transaction and amount of the drug products involved.
17
shall be kept readily retrievable and separate from all other
18
invoices or records of transactions not involving such drug
19
products, and shall be maintained for not less than three (3) years.
Any such wholesaler, manufacturer, or distributor
The records
20
E.
As used in this section:
21
1.
“Manufacturer” means any person within this state who
22
produces, compounds, packages, or in any manner initially prepares
23
for sale or use any drug product described in subsection D of this
24
Req. No. 5238
Page 59
1
section, or any such person in another state if they cause the
2
products to be compounded, packaged, or transported into this state;
3
2.
“Wholesaler” means any person within this state or another
4
state, other than a manufacturer, who sells, transfers, or in any
5
manner furnishes a drug product described in subsection A of this
6
section to any other person in this state for the purpose of being
7
resold;
8
9
3.
“Distributor” means any person within this state or another
state, other than a manufacturer or wholesaler, who sells, delivers,
10
transfers, or in any manner furnishes a drug product described in
11
subsection A of this section to any person who is not the ultimate
12
user or consumer of the product; and
13
4.
“Readily retrievable” means available for inspection without
14
prior notice at the registration address if that address is within
15
the State of Oklahoma.
16
other than Oklahoma, it means records must be furnished within three
17
(3) working days by courier, facsimile, mail or electronic mail.
18
F.
If the registration address is in a state
Any substances possessed without a registration as provided
19
in subsection D of this section shall be subject to forfeiture upon
20
conviction for a violation of this section.
21
G.
In addition to any administrative penalties provided by law,
22
any violation of subsection D of this section shall be a
23
misdemeanor, punishable upon conviction by a fine only in an amount
24
not more than Ten Thousand Dollars ($10,000.00).
Req. No. 5238
Page 60
1
SECTION 9.
AMENDATORY
63 O.S. 2011, Section 2-401, as
2
amended by Section 4, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012,
3
Section 2-401), is amended to read as follows:
4
Section 2-401.
A.
Except as authorized by the Uniform
5
Controlled Dangerous Substances Act, it shall be unlawful for any
6
person:
7
1.
To distribute, dispense, transport with intent to distribute
8
or dispense, possess with intent to manufacture, distribute, or
9
dispense, a controlled dangerous substance or to solicit the use of
10
or use the services of a person less than eighteen (18) years of age
11
to cultivate, distribute or dispense a controlled dangerous
12
substance;
13
2.
To create, distribute, transport with intent to distribute
14
or dispense, or possess with intent to distribute, a counterfeit
15
controlled dangerous substance; or
16
3.
To distribute any imitation controlled substance as defined
17
by Section 2-101 of this title, except when authorized by the Food
18
and Drug Administration of the United States Department of Health
19
and Human Services.
20
B.
21
respect to:
22
1.
Any person who violates the provisions of this section with
A substance classified in Schedule I or II which is a
23
narcotic drug, lysergic acid diethylamide (LSD), gamma
24
butyrolactone, gamma hydroxyvalerate, gamma valerolactone, 1,4
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butanediol, or gamma-hydroxybutyric acid as defined in Sections 2-
2
204 and 2-208 of this title, upon conviction, shall be guilty of a
3
felony and shall be sentenced to a term of imprisonment for not less
4
than five (5) years nor more than life and a fine of not more than
5
One Hundred Thousand Dollars ($100,000.00), which shall be in
6
addition to other punishment provided by law and shall not be
7
imposed in lieu of other punishment.
8
the Department of Corrections shall not be subject to statutory
9
provisions for suspended sentences, deferred sentences, or probation
10
11
Any sentence to the custody of
except when the conviction is for a first offense;
2.
Any other controlled dangerous substance classified in
12
Schedule I, II, III, or IV, upon conviction, shall be guilty of a
13
felony and shall be sentenced to a term of imprisonment for not less
14
than two (2) years nor more than life and a fine of not more than
15
Twenty Thousand Dollars ($20,000.00), which shall be in addition to
16
other punishment provided by law and shall not be imposed in lieu of
17
other punishment.
18
Corrections shall not be subject to statutory provisions for
19
suspended sentences, deferred sentences, or probation except when
20
the conviction is for a first offense;
21
3.
Any sentence to the custody of the Department of
A substance classified in Schedule V, upon conviction, shall
22
be guilty of a felony and shall be sentenced to a term of
23
imprisonment for not more than five (5) years and a fine of not more
24
than One Thousand Dollars ($1,000.00), which shall be in addition to
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other punishment provided by law and shall not be imposed in lieu of
2
other punishment; or
3
4.
An imitation controlled substance as defined by Section 2-
4
101 of this title, upon conviction, shall be guilty of a misdemeanor
5
and shall be sentenced to a term of imprisonment in the county jail
6
for a period of not more than one (1) year and a fine of not more
7
than One Thousand Dollars ($1,000.00).
8
second violation of the provisions of this paragraph shall be guilty
9
of a felony and shall be sentenced to a term of imprisonment for not
A person convicted of a
10
more than five (5) years and a fine of not more than Five Thousand
11
Dollars ($5,000.00), which shall be in addition to other punishment
12
provided by law and shall not be imposed in lieu of other
13
punishment.
14
C.
1.
Except when authorized by the Food and Drug
15
Administration of the United States Department of Health and Human
16
Services, it shall be unlawful for any person to manufacture,
17
cultivate, distribute, or possess with intent to distribute a
18
synthetic controlled substance or synthetic drug product.
19
2.
Any person convicted of violating the provisions of this
20
paragraph is guilty of a felony and shall be punished by
21
imprisonment for a term not to exceed life and a fine of not more
22
than Twenty-five Thousand Dollars ($25,000.00), which shall be in
23
addition to other punishment provided by law and shall not be
24
imposed in lieu of other punishment.
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3.
A second or subsequent conviction for the violation of the
2
provisions of this paragraph is a felony punishable as a habitual
3
offender pursuant to Section 51.1 of Title 21 of the Oklahoma
4
Statutes.
5
4.
In addition, the violator shall be fined an amount not more
6
than One Hundred Thousand Dollars ($100,000.00), which shall be in
7
addition to other punishment provided by law and shall not be
8
imposed in lieu of other punishment.
9
D.
1.
Any person convicted of a second or subsequent felony
10
violation of the provisions of this section, except for paragraph 4
11
of subsection B of this section, shall be punished as a habitual
12
offender pursuant to Section 51.1 of Title 21 of the Oklahoma
13
Statutes.
14
2.
In addition, the violator shall be fined twice the fine
15
otherwise authorized, which shall be in addition to other punishment
16
provided by law and shall not be imposed in lieu of other
17
punishment.
18
3.
Convictions for second or subsequent violations of the
19
provisions of this section shall not be subject to statutory
20
provisions for suspended sentences, deferred sentences, or
21
probation.
22
E.
Any person who is at least eighteen (18) years of age and
23
who violates the provisions of this section by using or soliciting
24
the use of services of a person less than eighteen (18) years of age
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to distribute, dispense, transport with intent to distribute or
2
dispense or cultivate a controlled dangerous substance or by
3
distributing a controlled dangerous substance to a person under
4
eighteen (18) years of age, is punishable by twice the fine and by
5
twice the imprisonment otherwise authorized.
6
F.
Any person who violates any provision of this section by
7
transporting with intent to distribute or dispense, distributing or
8
possessing with intent to distribute a controlled dangerous
9
substance to a person, or violation of subsection G of this section,
10
in or on, or within two thousand (2,000) feet of the real property
11
comprising a public or private elementary or secondary school,
12
public vocational school, public or private college or university,
13
or other institution of higher education, recreation center or
14
public park, including state parks and recreation areas, public
15
housing project, or child care facility as defined by Section 402 of
16
Title 10 of the Oklahoma Statutes, shall be punished by:
17
1.
For a first offense, a term of imprisonment, or by the
18
imposition of a fine or by both, not exceeding twice that authorized
19
by the appropriate provision of this section and shall serve a
20
minimum of fifty percent (50%) of the sentence received prior to
21
becoming eligible for state correctional institution earned credits
22
toward the completion of the sentence; or
23
24
2.
For a second or subsequent offense, a term of imprisonment
as provided for a habitual offender pursuant to Section 51.1 of
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Title 21 of the Oklahoma Statutes.
2
serve eighty-five percent (85%) of the sentence received prior to
3
becoming eligible for state correctional institution earned credits
4
toward the completion of the sentence or eligibility for parole.
5
G.
1.
In addition, the violator shall
Except as authorized by the Uniform Controlled Dangerous
6
Substances Act, it shall be unlawful for any person to manufacture
7
or attempt to manufacture any controlled dangerous substance or
8
possess any substance listed in Section 2-322 of this title or any
9
substance containing any detectable amount of pseudoephedrine or its
10
salts, optical isomers or salts of optical isomers, iodine or its
11
salts, optical isomers or salts of optical isomers, hydriodic acid,
12
sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
13
organic solvents with the intent to use that substance to
14
manufacture a controlled dangerous substance.
15
2.
Any person violating the provisions of this subsection with
16
respect to the unlawful manufacturing or attempting to unlawfully
17
manufacture any controlled dangerous substance, or possessing any
18
substance listed in this subsection or Section 2-322 of this title,
19
upon conviction, is guilty of a felony and shall be punished by
20
imprisonment for not less than seven (7) years nor more than life
21
and by a fine of not less than Fifty Thousand Dollars ($50,000.00),
22
which shall be in addition to other punishment provided by law and
23
shall not be imposed in lieu of other punishment.
24
any amount of anhydrous ammonia in an unauthorized container shall
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The possession of
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be prima facie evidence of intent to use such substance to
2
manufacture a controlled dangerous substance.
3
3.
Any person violating the provisions of this subsection with
4
respect to the unlawful manufacturing or attempting to unlawfully
5
manufacture any controlled dangerous substance in the following
6
amounts:
7
a.
8
9
one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,
b.
five (5) kilograms or more of a mixture or substance
10
containing a detectable amount of:
11
(1)
coca leaves, except coca leaves and extracts of
12
coca leaves from which cocaine, ecgonine, and
13
derivatives of ecgonine or their salts have been
14
removed,
15
(2)
16
cocaine, its salts, optical and geometric
isomers, and salts of isomers,
17
(3)
18
ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or
19
(4)
any compound, mixture, or preparation which
20
contains any quantity of any of the substances
21
referred to in divisions (1) through (3) of this
22
subparagraph,
23
24
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c.
fifty (50) grams or more of a mixture or substance
2
described in division (2) of subparagraph b of this
3
paragraph which contains cocaine base,
4
d.
one hundred (100) grams or more of phencyclidine (PCP)
5
or 1 kilogram or more of a mixture or substance
6
containing a detectable amount of phencyclidine (PCP),
7
e.
ten (10) grams or more of a mixture or substance
8
containing a detectable amount of lysergic acid
9
diethylamide (LSD),
10
f.
four hundred (400) grams or more of a mixture or
11
substance containing a detectable amount of N-phenyl-
12
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
13
grams or more of a mixture or substance containing a
14
detectable amount of any analogue of N-phenyl-N-[1-(2-
15
phenylethyl)-4-piperidinyl] propanamide,
16
g.
one thousand (1,000) kilograms or more of a mixture or
17
substance containing a detectable amount of marihuana
18
or one thousand (1000) or more marihuana plants
19
regardless of weight, or
20
h.
fifty (50) grams or more of methamphetamine, its
21
salts, isomers, and salts of its isomers or 500 grams
22
or more of a mixture or substance containing a
23
detectable amount of methamphetamine, its salts,
24
isomers, or salts of its isomers,
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upon conviction, is guilty of aggravated manufacturing a controlled
2
dangerous substance punishable by imprisonment for not less than
3
twenty (20) years nor more than life and by a fine of not less than
4
Fifty Thousand Dollars ($50,000.00), which shall be in addition to
5
other punishment provided by law and shall not be imposed in lieu of
6
other punishment.
7
provisions of this paragraph shall be required to serve a minimum of
8
eighty-five percent (85%) of the sentence received prior to becoming
9
eligible for state correctional earned credits towards the
10
11
Any person convicted of a violation of the
completion of the sentence or eligible for parole.
4.
Any sentence to the custody of the Department of Corrections
12
for any violation of paragraph 3 of this subsection shall not be
13
subject to statutory provisions for suspended sentences, deferred
14
sentences, or probation.
15
subsequent violation of the provisions of paragraph 3 of this
16
subsection shall be punished as a habitual offender pursuant to
17
Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
18
required to serve a minimum of eighty-five percent (85%) of the
19
sentence received prior to becoming eligible for state correctional
20
earned credits or eligibility for parole.
21
5.
A person convicted of a second or
Any person who has been convicted of manufacturing or
22
attempting to manufacture methamphetamine pursuant to the provisions
23
of this subsection and who, after such conviction, purchases or
24
attempts to purchase, receive or otherwise acquire any product,
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mixture, or preparation containing any detectable quantity of base
2
pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
3
felony punishable by imprisonment in the custody of the Department
4
of Corrections for a term in the range of twice the minimum term
5
provided for in paragraph 2 of this subsection.
6
H.
Any person convicted of any offense described in the Uniform
7
Controlled Dangerous Substances Act may, in addition to the fine
8
imposed, be assessed an amount not to exceed ten percent (10%) of
9
the fine imposed.
Such assessment shall be paid into a revolving
10
fund for enforcement of controlled dangerous substances created
11
pursuant to Section 2-506 of this title.
12
I.
Any person convicted of any offense described in this
13
section shall, in addition to any fine imposed, pay a special
14
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
15
deposited into the Trauma Care Assistance Revolving Fund created in
16
Section 1-2522 of this title.
17
J.
For purposes of this section, “public housing project” means
18
any dwelling or accommodations operated as a state or federally
19
subsidized multifamily housing project by any housing authority,
20
nonprofit corporation or municipal developer or housing projects
21
created pursuant to the Oklahoma Housing Authorities Act.
22
K.
When a person is found guilty of a violation of the
23
provisions of this section, the court shall order, in addition to
24
any other penalty, the defendant to pay a one-hundred-dollar
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1
assessment to be deposited in the Drug Abuse Education and Treatment
2
Revolving Fund created in Section 2-503.2 of this title, upon
3
collection.
4
SECTION 10.
AMENDATORY
63 O.S. 2011, Section 2-701, as
5
amended by Section 5, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012,
6
Section 2-701), is amended to read as follows:
7
Section 2-701.
A.
There is hereby created within the Oklahoma
8
State Bureau of Narcotics and Dangerous Drugs Control a registry of
9
persons who, after November 1, 2010, have been convicted, whether
10
upon a verdict or plea of guilty or upon a verdict or plea of nolo
11
contendere, or received a suspended sentence or any deferred or
12
probationary term, or are currently serving a sentence or any form
13
of probation or parole for a crime or attempt to commit a crime
14
including, but not limited to, unlawful possession, conspiring,
15
endeavoring, manufacturing, distribution or trafficking of a
16
precursor or methamphetamines under the provisions of Section 2-322,
17
2-332, 2-401, 2-402, 2-408 or 2-415 of this title, or any crime
18
including, but not limited to, crimes involving the possession,
19
distribution, manufacturing or trafficking of methamphetamines or
20
illegal amounts of or uses of pseudoephedrine in any federal court,
21
Indian tribal court, or any court of another state if the person is
22
a resident of the State of Oklahoma or seeks to remain in the State
23
of Oklahoma in excess of ten (10) days.
24
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B.
It shall be unlawful for any person subject to the registry
2
created in subsection A of this section to purchase, possess or have
3
control of any Schedule V compound, mixture, or preparation
4
containing any detectable quantity of pseudoephedrine, its salts or
5
optical isomers, or salts of optical isomers.
6
pseudoephedrine shall not provide an exemption for any person to
7
this law.
8
subsection shall be guilty of a felony, punishable by imprisonment
9
in the custody of the Department of Corrections for not less than
A prescription for
Any person convicted of violating the provisions of this
10
two (2) years and not more than ten (10) years, or by a fine of not
11
more than Five Thousand Dollars ($5,000.00), or by both such fine
12
and imprisonment.
13
C.
The registry created in subsection A of this section shall
14
be maintained by the Bureau.
15
for registrants who sell or dispense pseudoephedrine-related
16
products and to law enforcement agencies for law enforcement
17
purposes through the electronic methamphetamine precursor tracking
18
service.
19
shall generate a stop-sale alert on any sale of pseudoephedrine to
20
any individual listed on the methamphetamine offender registry in
21
real time.
22
D.
The registry shall consist of the following information:
23
1.
Name and address of the person;
24
2.
Date of birth of the person;
The registry shall be made available
The electronic methamphetamine precursor tracking service
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2
3
3.
The offense or offenses which made the person eligible for
inclusion on the registry;
4.
The date of conviction or the date that a plea of guilty or
4
nolo contendere was accepted by the court for any violation of an
5
offense provided for in subsection A of this section;
6
5.
The county where the offense or offenses occurred; and
7
6.
Such other identifying data as the Bureau determines is
8
9
necessary to properly identify the person.
E.
Beginning November 1, 2010, all district court clerks shall
10
forward a copy of the judgment and sentence or other applicable
11
information relating to the disposition of the criminal case and
12
date of birth of all persons who are subject to the provisions of
13
the Oklahoma Methamphetamine Offender Registry Act for a violation
14
of the offenses described in subsection A of this section to the
15
Bureau.
16
manner prescribed by the Bureau within ten (10) days of the date of
17
final disposition of the case.
18
pursuant to subsection A of this section, having received a deferred
19
sentence or conviction in a federal court, Indian tribal court, or
20
any court of another state, shall be required to register and submit
21
a methamphetamine offender registration form in a format prescribed
22
by the Bureau within ten (10) days of entering the State of Oklahoma
23
or if incarcerated in a federal institution within the boundaries of
24
Oklahoma, within ten (10) days of release from the institution.
The information shall be sent in an electronic format in a
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Any person subject to the registry
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Failure Knowingly failing to submit the form required by this
2
subsection shall constitute a misdemeanor.
3
F.
Upon receipt of the information provided by the district
4
court clerk, the Bureau shall transmit in an electronic format to
5
the electronic methamphetamine precursor tracking service at least
6
every seven (7) days the name of any person placed on the
7
methamphetamine offender registry as provided in this section.
8
information transmitted to the electronic tracking service shall
9
include the first, middle, and last name of the person, and the
The
10
address and the date of birth of the person.
11
methamphetamine precursor tracking service shall be designed to
12
generate a stop-sale alert for any person who is on the
13
methamphetamine offender registry and whose name, address and date
14
of birth have been transmitted by the Bureau to the electronic
15
tracking service.
16
G.
The electronic
The Bureau shall remove from the methamphetamine offender
17
registry the name and other identifying information of a person who
18
has been convicted of a violation of any of the offenses described
19
in subsection A of this section ten (10) years after the date of the
20
most recent judgment and sentence.
21
deferred sentence that expires prior to the ten-year time limitation
22
may apply to the Bureau to be removed from the registry upon the
23
completion of the deferred sentence by providing to the Bureau a
24
certified copy of the dismissal of the case by certified mail.
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Any person having received a
The
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1
Bureau may remove the person from the methamphetamine offender
2
registry upon expiration of the deferred sentence.
3
also be required to notify the provider of the electronic
4
methamphetamine precursor tracking service when a person is removed
5
from the methamphetamine offender registry.
6
the Bureau, the provider of the electronic tracking service shall
7
remove the name of the person from the electronic methamphetamine
8
precursor tracking service and the person shall thereafter be
9
permitted to purchase pseudoephedrine-related products.
10
H.
The Bureau shall
Upon notification from
It shall be a violation for any person to assist another
11
person who is subject to the registry in the purchase of any
12
pseudoephedrine products.
13
provisions of this subsection shall, for a first offense, be guilty
14
of a misdemeanor, punishable by incarceration in the county jail for
15
not more than one (1) year, or by a fine of not more than One
16
Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
17
Any second or subsequent conviction for a violation of this
18
subsection shall be a felony, punishable by incarceration in the
19
custody of the Department of Corrections for not more than two (2)
20
years, or by a fine of not less than Two Thousand Five Hundred
21
Dollars ($2,500.00) or by both such fine and imprisonment.
22
purposes of this subsection, knowledge that a person was subject to
23
the methamphetamine offender registry may be proven through court
24
testimony or any other public notice or publicly available record
Req. No. 5238
Any person convicted of violating the
For the
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1
including, but not limited to, court records maintained by the
2
Oklahoma Supreme Court Network and the Oklahoma Court Information
3
System.
4
I.
On or prior to November 1, 2011, the Oklahoma State Bureau
5
of Narcotics and Dangerous Drugs Control shall maintain a
6
methamphetamine offender registry website available for viewing by
7
the public.
8
J.
9
For the purposes of this section, knowledge that a person
was subject to the methamphetamine offender registry may be proven
10
through court testimony or any other public notice or publicly
11
available record including, but not limited to, court records
12
maintained by the Oklahoma Supreme Court Network and the Oklahoma
13
Court Information System.
14
SECTION 11.
This act shall become effective November 1, 2013.
15
16
54-1-5238
GRS
01/17/13
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