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§63-2-415.
§63-2-415.
A. The provisions of the Trafficking in Illegal Drugs Act, Section
2-414 et seq. of this title, shall apply to persons convicted of
violations with respect to the following substances:
1. Marihuana;
2. Cocaine or coca leaves;
3. Heroin;
4. Amphetamine or methamphetamine;
5. Lysergic acid diethylamide (LSD);
6. Phencyclidine (PCP); or
7. Cocaine base, commonly known as "crack" or "rock".
B. Except as otherwise authorized by the Uniform Controlled Dangerous
Substances Act, Section 2-101 et seq. of this title, it shall be
unlawful for any person to:
1. Knowingly distribute, manufacture, bring into this state or possess
a controlled substance specified in subsection A of this section in
the quantities specified in subsection C of this section; or
2. Possess any controlled substance with the intent to manufacture a
controlled substance specified in subsection A of this section in
quantities specified in subsection C of this section; or
3. Use or solicit the use of services of a person less than eighteen
(18) years of age to distribute or manufacture a controlled dangerous
substance specified in subsection A of this section in quantities
specified in subsection C of this section.
Violation of this section shall be known as "trafficking in illegal
drugs".
Any person who commits the conduct described in paragraph 1, 2 or 3 of
this subsection and represents the quantity of the controlled
substance to be an amount described in subsection C of this section
shall be punished under the provisions appropriate for the amount of
controlled substance represented, regardless of the actual amount.
C. In the case of a violation of the provisions of subsection B of
this section, involving:
1. Marihuana:
a. twenty-five (25) pounds or more of a mixture or substance
containing a detectable amount of marihuana, such violation shall be
punishable by a fine of not less than Twenty-five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand Dollars
($100,000.00), or
b. one thousand (1,000) pounds or more of a mixture or substance
containing a detectable amount of marihuana, such violation shall be
punishable by a fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand Dollars
($500,000.00);
2. Cocaine or coca leaves:
a. twenty-eight (28) grams or more of a mixture or substance
containing a detectable amount of cocaine or coca leaves, such
violation shall be punishable by a fine of not less than Twenty-five
Thousand Dollars ($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00), or
b. three hundred (300) grams or more of a mixture or substance
containing a detectable amount of cocaine or coca leaves, such
violation shall be punishable by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
3. Heroin:
a. ten (10) grams or more of a mixture or substance containing a
detectable amount of heroin, such violation shall be punishable by a
fine of not less than Twenty-five Thousand Dollars ($25,000.00) and
not more than Fifty Thousand Dollars ($50,000.00), or
b. twenty-eight (28) grams or more of a mixture or substance
containing a detectable amount of heroin, such violation shall be
punishable by a fine of not less than Fifty Thousand Dollars
($50,000.00) and not more than Five Hundred Thousand Dollars
($500,000.00);
4. Amphetamine or methamphetamine:
a. twenty (20) grams or more of a mixture or substance containing a
detectable amount of amphetamine or methamphetamine, such violation
shall be punishable by a fine of not less than Twenty-five Thousand
Dollars ($25,000.00) and not more than Two Hundred Thousand Dollars
($200,000.00), or
b. two hundred (200) grams or more of a mixture or substance
containing a detectable amount of amphetamine or methamphetamine, such
violation shall be punishable by a fine of not less than Fifty
Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
5. Lysergic acid diethylamide (LSD):
a. if the quantity involved is not less than fifty (50) dosage units
and not more than one thousand (1,000) dosage units, such violation
shall be punishable by a fine of not less than Fifty Thousand Dollars
($50,000.00) and not more than One Hundred Thousand Dollars
($100,000.00), or
b. if the quantity involved is more than one thousand (1,000) dosage
units, such violation shall be punishable by a fine of not less than
One Hundred Thousand Dollars ($100,000.00) and not more than Two
Hundred Fifty Thousand Dollars ($250,000.00);
6. Phencyclidine (PCP):
a. one (1) ounce or more of a substance containing a mixture or
substance containing a detectable amount of phencyclidine (PCP), such
violation shall be punishable by a fine of not less than Twenty
Thousand Dollars ($20,000.00) and not more than Fifty Thousand Dollars
($50,000.00), or
b. eight (8) ounces or more of a substance containing a mixture or
substance containing a detectable amount of phencyclidine (PCP), such
violation shall be punishable by a fine of not less than Fifty
Thousand Dollars ($50,000.00) and not more than Two Hundred Fifty
Thousand Dollars ($250,000.00); and
7. Cocaine base:
a. five (5) grams or more of a mixture or substance described in
paragraph 2 of this subsection which contains cocaine base, such
violation shall be punishable by a fine of not less than Twenty-five
Thousand Dollars ($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00), or
b. fifty (50) grams or more of a mixture or substance described in
paragraph 2 of this subsection which contains cocaine base, such
violation shall be punishable by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00).
D. Any person who violates the provisions of this section with respect
to a controlled substance specified in subsection A of this section in
a quantity specified in subsection C of this section shall, in
addition to any fines specified by this section, be punishable by a
term of imprisonment as follows:
1. Not less than twice the term of imprisonment provided for in
Section 2-401 of this title;
2. If the person has previously been convicted of one violation of
this section or has been previously convicted of a felony violation of
the Uniform Controlled Dangerous Substances Act arising from separate
and distinct transactions, not less than three times the term of
imprisonment provided for in Section 2-401 of this title; and
3. If the person has previously been convicted of two or more
violations of this section or any provision of the Uniform Controlled
Dangerous Substances Act which constitutes a felony, or a combination
of such violations arising out of separate and distinct transactions,
life without parole.
The terms of imprisonment specified in this subsection shall not be
subject to statutory provisions for suspension, deferral or probation,
or state correctional institution earned credits accruing from and
after November 1, 1989, except for the achievement earned credits
authorized by subsection F of Section 138 of Title 57 of the Oklahoma
Statutes. To qualify for such achievement credits, such inmates must
also be in compliance with the standards for Class level 2 behavior,
as defined in subsection C of Section 138 of Title 57 of the Oklahoma
Statutes.
Persons convicted of violations of this section shall not be eligible
for appeal bonds.
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