{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-401","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-401","heading":"Prohibited acts A - Penalties","body":"A. Except as authorized by the Uniform Controlled Dangerous\n\nSubstances Act, it shall be unlawful for any person:\n\n1. To distribute, dispense, transport with intent to distribute\n\nor dispense, possess with intent to manufacture, distribute, or\n\ndispense, a controlled dangerous substance or to solicit the use of\n\nor use the services of a person less than eighteen (18) years of age\n\nto cultivate, distribute or dispense a controlled dangerous\n\nsubstance;\n\n2. To create, distribute, transport with intent to distribute\n\nor dispense, or possess with intent to distribute, a counterfeit\n\ncontrolled dangerous substance; or\n\n3. To distribute any imitation controlled substance as defined\n\nby Section 2-101 of this title, except when authorized by the Food\n\nand Drug Administration of the United States Department of Health\n\nand Human Services.\n\nB. Any person who violates the provisions of this section with\n\nrespect to:\n\n1. A substance classified in Schedule I or II, except for\n\nmarijuana, upon conviction, shall be guilty of transporting or\n\npossessing with an intent to distribute a controlled dangerous\n\nsubstance, a Class C2 felony offense, and shall be sentenced to a\n\nterm of imprisonment as provided for in subsections B through F of\n\nSection 20M of Title 21 of the Oklahoma Statutes, and a fine not\n\nmore than One Hundred Thousand Dollars ($100,000.00), which shall be\n\nin addition to other punishment provided by law and shall not be\n\nimposed in lieu of other punishment. A second conviction for the\n\nviolation of provisions of this paragraph is a Class C2 felony\n\noffense punishable by a term of imprisonment as provided for in\n\nsubsections B through F of Section 20M of Title 21 of the Oklahoma\n\nStatutes. A third or subsequent conviction for the violation of the\n\nprovisions of this paragraph is a Class C2 felony offense punishable\n\nby a term of imprisonment as provided for in subsections B through F\n\nof Section 20M of Title 21 of the Oklahoma Statutes;\n\n2. Any other controlled dangerous substance classified in\n\nSchedule III, IV, V or marijuana, upon conviction, shall be guilty\n\nof a Class D1 felony offense and shall be sentenced to a term of\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of Title 21 of the Oklahoma Statutes and a fine not more than\n\nTwenty Thousand Dollars ($20,000.00), which shall be in addition to\n\nother punishment provided by law and shall not be imposed in lieu of\n\nother punishment. A second conviction for the violation of the\n\nprovisions of this paragraph is a Class D1 felony offense punishable\n\nby a term of imprisonment as provided for in subsections B through F\n\nof Section 20N of Title 21 of the Oklahoma Statutes. A third or\n\nsubsequent conviction for the violation of the provisions of this\n\nparagraph is a Class D1 felony offense punishable by a term of\n\nimprisonment as provided for in subsections B through F of Section\n\n20M of Title 21 of the Oklahoma Statutes; or\n\n3. An imitation controlled substance as defined by Section 2-\n\n101 of this title, upon conviction, shall be guilty of a misdemeanor\n\nand shall be sentenced to a term of imprisonment in the county jail\n\nfor a period not more than one (1) year and a fine not more than One\n\nThousand Dollars ($1,000.00). A person convicted of a second\n\nviolation of the provisions of this paragraph shall be guilty of a\n\nClass D2 felony offense and shall be sentenced to a term of\n\nimprisonment as provided for in subsections B through F of Section\n\n20O of Title 21 of the Oklahoma Statutes, and a fine not more than\n\nFive Thousand Dollars ($5,000.00), which shall be in addition to\n\nother punishment provided by law and shall not be imposed in lieu of\n\nother punishment.\n\nC. 1. Except when authorized by the Food and Drug\n\nAdministration of the United States Department of Health and Human\n\nServices, it shall be unlawful for any person to manufacture or\nf Title 21 of the Oklahoma Statutes, and a fine not more than\n\nFive Thousand Dollars ($5,000.00), which shall be in addition to\n\nother punishment provided by law and shall not be imposed in lieu of\n\nother punishment.\n\nC. 1. Except when authorized by the Food and Drug\n\nAdministration of the United States Department of Health and Human\n\nServices, it shall be unlawful for any person to manufacture or\n\ndistribute a controlled substance or synthetic controlled substance.\n\n2. Any person convicted of violating the provisions of\n\nparagraph 1 of this subsection with respect to distributing a\n\ncontrolled substance is guilty of a Class C2 felony offense and\n\nshall be punished by imprisonment as provided for in subsections B\n\nthrough F of Section 20M of Title 21 of the Oklahoma Statutes, and a\n\nfine not more than Twenty-five Thousand Dollars ($25,000.00), which\n\nshall be in addition to other punishment provided by law and shall\n\nnot be imposed in lieu of other punishment.\n\n3. A second conviction for the violation of the provisions of\n\nparagraph 1 of this subsection with respect to distributing a\n\ncontrolled substance is a Class C2 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20M of Title 21 of the Oklahoma Statutes. A third or subsequent\n\nconviction for the violation of the provisions of this paragraph is\n\na Class C2 felony offense punishable by imprisonment as provided for\n\nin subsections B through F of Section 20M of Title 21 of the\n\nOklahoma Statutes.\n\n4. Any person convicted of violating the provisions of\n\nparagraph 1 of this subsection with respect to manufacturing a\n\ncontrolled substance is guilty of a Class C2 felony offense and\n\nshall be punished by imprisonment as provided for in subsections B\n\nthrough F of Section 20M of Title 21 of the Oklahoma Statutes, and a\n\nfine not more than Twenty-five Thousand Dollars ($25,000.00), which\n\nshall be in addition to other punishment provided by law and shall\n\nnot be imposed in lieu of other punishment.\n\n5. A second conviction for the violation of the provisions of\n\nparagraph 1 of this subsection with respect to manufacturing a\n\ncontrolled substance is a Class C2 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20M of Title 21 of the Oklahoma Statutes. A third or subsequent\n\nconviction for the violation of the provisions of this paragraph is\n\na Class C2 felony offense punishable by imprisonment as provided for\n\nin subsections B through F of Section 20M of Title 21 of the\n\nOklahoma Statutes.\n\nD. Convictions for violations of the provisions of this section\n\nshall be subject to the statutory provisions for suspended or\n\ndeferred sentences, or probation as provided in Section 991a of\n\nTitle 22 of the Oklahoma Statutes.\n\nE. Any person who is at least eighteen (18) years of age and\n\nwho violates the provisions of this section by using or soliciting\n\nthe use of services of a person less than eighteen (18) years of age\n\nto distribute, dispense, transport with intent to distribute or\n\ndispense or cultivate a controlled dangerous substance or by\n\ndistributing a controlled dangerous substance to a person under\n\neighteen (18) years of age, or in the presence of a person under\n\ntwelve (12) years of age, is guilty of a Class C1 felony offense\n\npunishable by:\n\n1. For a first violation of this subsection, a term of\n\nimprisonment in the custody of the Department of Corrections not\n\nless than two (2) years nor more than ten (10) years;\n\n2. For a second violation of this subsection, a term of\n\nimprisonment in the custody of the Department of Corrections for not\n\nless than four (4) years nor more than twenty (20) years; or\n\n3. For a third or subsequent violation of this subsection, a\n\nterm of imprisonment in the custody of the Department of Corrections\ntment of Corrections not\n\nless than two (2) years nor more than ten (10) years;\n\n2. For a second violation of this subsection, a term of\n\nimprisonment in the custody of the Department of Corrections for not\n\nless than four (4) years nor more than twenty (20) years; or\n\n3. For a third or subsequent violation of this subsection, a\n\nterm of imprisonment in the custody of the Department of Corrections\n\nfor not less than ten (10) years nor more than life.\n\nF. Any person who violates any provision of this section by\n\ntransporting with intent to distribute or dispense, distributing or\n\npossessing with intent to distribute a controlled dangerous\n\nsubstance to a person, or violation of subsection G of this section,\n\nin or on, or within two thousand (2,000) feet of the real property\n\ncomprising a public or private elementary or secondary school,\n\npublic vocational school, public or private college or university,\n\nor other institution of higher education, recreation center or\n\npublic park, including a state park or recreation area, public\n\nhousing project, or child care facility as defined by Section 402 of\n\nTitle 10 of the Oklahoma Statutes, shall be guilty of a Class C1\n\nfelony offense and shall be punished by:\n\n1. For a first offense, a term of imprisonment as provided for\n\nin subsections B through E of Section 20L of Title 21 of the\n\nOklahoma Statutes; or\n\n2. For a second or subsequent violation of this section, a term\n\nof imprisonment as provided for in subsections B through E of\n\nSection 20L of Title 21 of the Oklahoma Statutes, or by the\n\nimposition of a fine, or by both, not exceeding thrice that\n\nauthorized by the appropriate provision of this section.\n\nConvictions for second and subsequent violations of the provisions\n\nof this section shall not be subject to statutory provisions of\n\nsuspended sentences, deferred sentences or probation.\n\nG. 1. Except as authorized by the Uniform Controlled Dangerous\n\nSubstances Act, it shall be unlawful for any person to manufacture\n\nor attempt to manufacture any controlled dangerous substance or\n\npossess any substance listed in Section 2-322 of this title or any\n\nsubstance containing any detectable amount of pseudoephedrine or its\n\nsalts, optical isomers or salts of optical isomers, iodine or its\n\nsalts, optical isomers or salts of optical isomers, hydriodic acid,\n\nsodium metal, lithium metal, anhydrous ammonia, phosphorus, or\n\norganic solvents with the intent to use that substance to\n\nmanufacture a controlled dangerous substance.\n\n2. Any person violating the provisions of this subsection with\n\nrespect to the unlawful manufacturing or attempting to unlawfully\n\nmanufacture any controlled dangerous substance, possessing any\n\nsubstance listed in this subsection or Section 2-322 of this title,\n\nor combining fentanyl with any other controlled dangerous substance,\n\nupon conviction, is guilty of a Class A2 felony offense and shall be\n\npunished by imprisonment in the custody of the Department of\n\nCorrections for not less than seven (7) years nor more than life and\n\nby a fine not less than Fifty Thousand Dollars ($50,000.00), which\n\nshall be in addition to other punishment provided by law and shall\n\nnot be imposed in lieu of other punishment. The possession of any\n\namount of anhydrous ammonia in an unauthorized container shall be\n\nprima facie evidence of intent to use such substance to manufacture\n\na controlled dangerous substance.\n\n3. Any person violating the provisions of this subsection with\n\nrespect to the unlawful manufacturing or attempting to unlawfully\n\nmanufacture any controlled dangerous substance in the following\n\namounts:\n\na. one (1) kilogram or more of a mixture or substance\n\ncontaining a detectable amount of heroin,\n\nb. five (5) kilograms or more of a mixture or substance\n\ncontaining a detectable amount of:\nce.\n\n3. Any person violating the provisions of this subsection with\n\nrespect to the unlawful manufacturing or attempting to unlawfully\n\nmanufacture any controlled dangerous substance in the following\n\namounts:\n\na. one (1) kilogram or more of a mixture or substance\n\ncontaining a detectable amount of heroin,\n\nb. five (5) kilograms or more of a mixture or substance\n\ncontaining a detectable amount of:\n\n(1) coca leaves, except coca leaves and extracts of\n\ncoca leaves from which cocaine, ecgonine, and\n\nderivatives of ecgonine or their salts have been\n\nremoved,\n\n(2) cocaine, its salts, optical and geometric\n\nisomers, and salts of isomers,\n\n(3) ecgonine, its derivatives, their salts, isomers,\n\nand salts of isomers, or\n\n(4) any compound, mixture, or preparation which\n\ncontains any quantity of any of the substances\n\nreferred to in divisions (1) through (3) of this\n\nsubparagraph,\n\nc. fifty (50) grams or more of a mixture or substance\n\ndescribed in division (2) of subparagraph b of this\n\nparagraph which contains cocaine base,\n\nd. one hundred (100) grams or more of phencyclidine (PCP)\n\nor one (1) kilogram or more of a mixture or substance\n\ncontaining a detectable amount of phencyclidine (PCP),\n\ne. ten (10) grams or more of a mixture or substance\n\ncontaining a detectable amount of lysergic acid\n\ndiethylamide (LSD),\n\nf. four hundred (400) grams or more of a mixture or\n\nsubstance containing a detectable amount of N-phenyl-\n\nN-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100\n\ngrams or more of a mixture or substance containing a\n\ndetectable amount of any analogue of N-phenyl-N-[1-(2-\n\nphenylethyl)-4-piperidinyl] propanamide,\n\ng. one thousand (1,000) kilograms or more of a mixture or\n\nsubstance containing a detectable amount of marijuana\n\nor one thousand (1,000) or more marijuana plants\n\nregardless of weight,\n\nh. fifty (50) grams or more of methamphetamine, its\n\nsalts, isomers, and salts of its isomers or five\n\nhundred (500) grams or more of a mixture or substance\n\ncontaining a detectable amount of methamphetamine, its\n\nsalts, isomers, or salts of its isomers, or\n\ni. ten (10) grams or more of a mixture or substance\n\ncontaining a detectable amount of fentanyl, its\n\nanalogs, or derivatives,\n\nupon conviction, is guilty of aggravated manufacturing of a\n\ncontrolled dangerous substance, a Class A1 felony offense,\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for not less than twenty (20) years nor more than life\n\nand by a fine not less than Fifty Thousand Dollars ($50,000.00),\n\nwhich shall be in addition to other punishment provided by law and\n\nshall not be imposed in lieu of other punishment. Any person\n\nconvicted of a violation of the provisions of this paragraph shall\n\nbe required to serve a minimum of eighty-five percent (85%) of the\n\nsentence received prior to becoming eligible for state correctional\n\nearned credits towards the completion of the sentence or eligible\n\nfor parole.\n\n4. Any sentence to the custody of the Department of Corrections\n\nfor any violation of paragraph 3 of this subsection shall not be\n\nsubject to statutory provisions for suspended sentences, deferred\n\nsentences, or probation. A person convicted of a second or\n\nsubsequent violation of the provisions of paragraph 3 of this\n\nsubsection shall be punished as a habitual offender pursuant to\n\nSection 51.1 of Title 21 of the Oklahoma Statutes and shall be\n\nrequired to serve a minimum of eighty-five percent (85%) of the\n\nsentence received prior to becoming eligible for state correctional\n\nearned credits or eligibility for parole.\n\n5. Any person who has been convicted of manufacturing or\n\nattempting to manufacture methamphetamine pursuant to the provisions\n\nof this subsection and who, after such conviction, purchases or\n\nattempts to purchase, receive or otherwise acquire any product,\n\nmixture, or preparation containing any detectable quantity of base\neligible for state correctional\n\nearned credits or eligibility for parole.\n\n5. Any person who has been convicted of manufacturing or\n\nattempting to manufacture methamphetamine pursuant to the provisions\n\nof this subsection and who, after such conviction, purchases or\n\nattempts to purchase, receive or otherwise acquire any product,\n\nmixture, or preparation containing any detectable quantity of base\n\npseudoephedrine or ephedrine shall, upon conviction, be guilty of a\n\nClass B3 felony offense punishable by imprisonment in the custody of\n\nthe Department of Corrections for a term in the range of twice the\n\nminimum term provided for in paragraph 2 of this subsection.\n\nH. Any person convicted of any offense described in the Uniform\n\nControlled Dangerous Substances Act may, in addition to the fine\n\nimposed, be assessed an amount not to exceed ten percent (10%) of\n\nthe fine imposed. Such assessment shall be paid into a revolving\n\nfund for enforcement of controlled dangerous substances created\n\npursuant to Section 2-506 of this title.\n\nI. Any person convicted of any offense described in this\n\nsection shall, in addition to any fine imposed, pay a special\n\nassessment trauma-care fee of One Hundred Dollars ($100.00) to be\n\ndeposited into the Trauma Care Assistance Revolving Fund created in\n\nSection 1-2530.9 of this title.\n\nJ. For purposes of this section, “public housing project” means\n\nany dwelling or accommodations operated as a state or federally\n\nsubsidized multifamily housing project by any housing authority,\n\nnonprofit corporation or municipal developer or housing projects\n\ncreated pursuant to the Oklahoma Housing Authorities Act.\n\nK. When a person is found guilty of a violation of the\n\nprovisions of this section, the court shall order, in addition to\n\nany other penalty, the defendant to pay a one-hundred-dollar\n\nassessment to be deposited in the Drug Abuse Education and Treatment\n\nRevolving Fund created in Section 2-503.2 of this title, upon\n\ncollection.\n\nL. Any person convicted of a second or subsequent felony\n\nviolation of the provisions of this section, except for paragraphs 1\n\nand 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of\n\nsubsection C of this section, paragraphs 1, 2, and 3 of subsection E\n\nof this section and paragraphs 1 and 2 of subsection F of this\n\nsection, shall be punished as a habitual offender pursuant to\n\nSection 51.1 of Title 21 of the Oklahoma Statutes.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2b7c1d978e679b5e553f85e1a072e59aa90025c98d17d27a62e326fed4d03a28","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-341","next":"us-ok/okla.-stat.-tit.-63-63-2-402"},"notice":"GroundRules: Original legal text. Not legal advice."}