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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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