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63-2-401.


63-2-401.
   
   A. Except as authorized by the Uniform Controlled Dangerous Substances
   Act, Section 2-101 et seq. of this title, it shall be unlawful for any
   person:
   
   1. To distribute, dispense, transport with intent to distribute or
   dispense, possess with intent to manufacture, distribute, or dispense,
   a controlled dangerous substance or to solicit the use of or use the
   services of a person less than eighteen (18) years of age to
   cultivate, distribute or dispense a controlled dangerous substance;
   
   2. To create, distribute, transport with intent to distribute or
   dispense, or possess with intent to distribute, a counterfeit
   controlled dangerous substance; or
   
   3. To distribute any imitation controlled substance as defined by
   Section 2-101 of this title, except when authorized by the Food and
   Drug Administration of the United States Department of Health and
   Human Services.
   
   B. Any person who violates the provisions of this section with respect
   to:
   
   1. A substance classified in Schedule I or II which is a narcotic drug
   or lysergic acid diethylamide (LSD), upon conviction, shall be guilty
   of a felony and shall be sentenced to a term of imprisonment for not
   less than five (5) years nor more than life and a fine of not more
   than One Hundred Thousand Dollars ($100,000.00), which shall be in
   addition to other punishment provided by law and shall not be imposed
   in lieu of other punishment. Any sentence to the custody of the
   Department of Corrections shall not be subject to statutory provisions
   for suspended sentences, deferred sentences, or probation except when
   the conviction is for a first offense;
   
   2. Any other controlled dangerous substance classified in Schedule I,
   II, III, or IV, upon conviction, shall be guilty of a felony and shall
   be sentenced to a term of imprisonment for not less than two (2) years
   nor more than life and a fine of not more than Twenty Thousand Dollars
   ($20,000.00), which shall be in addition to other punishment provided
   by law and shall not be imposed in lieu of other punishment. Any
   sentence to the custody of the Department of Corrections shall not be
   subject to statutory provisions for suspended sentences, deferred
   sentences, or probation except when the conviction is for a first
   offense;
   
   3. A substance classified in Schedule V, upon conviction, shall be
   guilty of a felony and shall be sentenced to a term of imprisonment
   for not more than five (5) years and a fine of not more than One
   Thousand Dollars ($1,000.00), which shall be in addition to other
   punishment provided by law and shall not be imposed in lieu of other
   punishment;
   
   4. An imitation controlled substance as defined by Section 2-101 of
   this title, upon conviction, shall be guilty of a misdemeanor and
   shall be sentenced to a term of imprisonment in the county jail for a
   period of not more than one (1) year and a fine of not more than One
   Thousand Dollars ($1,000.00). A person convicted of a second violation
   of the provisions of this paragraph shall be guilty of a felony and
   shall be sentenced to a term of imprisonment for not more than five
   (5) years and a fine of not more than Five Thousand Dollars
   ($5,000.00), which shall be in addition to other punishment provided
   by law and shall not be imposed in lieu of other punishment; or
   
   5. Except when authorized by the Food and Drug Administration of the
   United States Department of Health and Human Services, it shall be
   unlawful for any person to manufacture, distribute, or possess with
   intent to distribute a synthetic controlled substance. Any person
   convicted of violating the provisions of this paragraph is guilty of a
   felony and shall be punished by imprisonment in the state penitentiary
   for a term not to exceed life and a fine of not more than Twenty-five
   Thousand Dollars ($25,000.00), which shall be in addition to other
   punishment provided by law and shall not be imposed in lieu of other
   punishment. A second or subsequent conviction for the violation of the
   provisions of this paragraph is a felony punishable by imprisonment in
   the State Penitentiary for a term of not less than ten (10) years nor
   more than life and a fine of not more than One Hundred Thousand
   Dollars ($100,000.00), which shall be in addition to other punishment
   provided by law and shall not be imposed in lieu of other punishment.
   
   C. Any person convicted of a second or subsequent felony violation of
   the provisions of this section, except for paragraphs 4 and 5 of
   subsection B of this section or subsection E of this section, shall be
   punished by a term of imprisonment twice that otherwise authorized and
   by twice the fine otherwise authorized, which shall be in addition to
   other punishment provided by law and shall not be imposed in lieu of
   other punishment. Convictions for second or subsequent violations of
   the provisions of this section shall not be subject to statutory
   provisions for suspended sentences, deferred sentences, or probation.
   
   D. Any person who is at least eighteen (18) years of age and who
   violates the provisions of this section by using or soliciting the use
   of services of a person less than eighteen (18) years of age to
   distribute, dispense, transport with intent to distribute or dispense
   or cultivate a controlled dangerous substance or by distributing a
   controlled dangerous substance to a person under eighteen (18) years
   of age is punishable by twice the fine and by twice the imprisonment
   otherwise authorized.
   
   E. Any person who violates any provision of this section by
   transporting with intent to distribute or dispense, distributing or
   possessing with intent to distribute a controlled dangerous substance
   to a person, in or on, or within two thousand (2,000) feet of the real
   property comprising a public or private elementary or secondary
   school, public vocational school, public or private college or
   university, or other institution of higher education, recreation
   center or public park, including state parks and recreation areas, or
   public housing project shall be punished by:
   
   1. For a first offense, a term of imprisonment, or by the imposition
   of a fine or by both, not exceeding twice that authorized by the
   appropriate provision of this section and shall serve a minimum of
   fifty percent (50%) of the sentence received prior to becoming
   eligible for state correctional institution earned credits toward the
   completion of said sentence; or
   
   2. For a second or subsequent offense, a term of imprisonment not
   exceeding three times that authorized by the appropriate provision of
   this section and shall serve a minimum of ninety percent (90%) of the
   sentence received prior to becoming eligible for state correctional
   institution earned credits toward the completion of said sentence.
   
   F. Except as authorized by the Uniform Controlled Dangerous Substances
   Act, it shall be unlawful for any person to manufacture or attempt to
   manufacture any controlled dangerous substance or possess any
   substance listed in Section 2-322 of this title or any substance
   containing any detectable amount of pseudoephedrine or its salts,
   optical isomers or salts of optical isomers, iodine or its salts,
   optical isomers or salts of optical isomers, hydriatic acid, sodium
   metal, lithium metal, anhydrous ammonia, or ether with the intent to
   use that substance to manufacture a controlled dangerous substance.
   Any person violating the provisions of this section with respect to
   the unlawful manufacturing or attempting to unlawfully manufacture any
   controlled dangerous substance, or possessing any substance listed in
   this subsection or Section 2-322 of this title, upon conviction, is
   guilty of a felony and shall be punished by imprisonment in the State
   Penitentiary for not less than twenty (20) years nor more than life
   and by a fine of not less than Fifty Thousand Dollars ($50,000.00),
   which shall be in addition to other punishment provided by law and
   shall not be imposed in lieu of other punishment. To be charged with
   possession with intent to use a substance to manufacture a controlled
   dangerous substance, three or more of the substances listed in this
   subsection shall be present.
   
   Any sentence to the custody of the Department of Corrections shall not
   be subject to statutory provisions for suspended sentences, deferred
   sentences, or probation. A person convicted of a second or subsequent
   violation of the provisions of this subsection shall be required to
   serve at least ten (10) years of such person's sentence before
   becoming eligible for parole or any early release from incarceration.
   
   Any person convicted of any offense described in this section may, in
   addition to the fine imposed, be assessed an amount not to exceed ten
   percent (10%) of the fine imposed. Such assessment shall be paid into
   a revolving fund for enforcement of controlled dangerous substances
   created pursuant to Section 2-506 of this title.
   
   G. For purposes of this section, "public housing project" means any
   dwelling or accommodations operated as a state or federally subsidized
   multifamily housing project by any housing authority, nonprofit
   corporation or municipal developer or housing projects created
   pursuant to the Oklahoma Housing Authorities Act.
   

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