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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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