{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-402","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-402","heading":"Prohibited acts B - Penalties","body":"A. 1. It shall be unlawful for any person knowingly or\n\nintentionally to possess a controlled dangerous substance unless\n\nsuch substance was obtained directly, or pursuant to a valid\n\nprescription or order from a practitioner, while acting in the\n\ncourse of his or her professional practice, or except as otherwise\n\nauthorized by Section 2-101 et seq. of this title.\n\n2. It shall be unlawful for any person to purchase any\n\npreparation excepted from the provisions of the Uniform Controlled\n\nDangerous Substances Act pursuant to Section 2-313 of this title in\n\nan amount or within a time interval other than that permitted by\n\nSection 2-313 of this title.\n\n3. It shall be unlawful for any person or business to sell,\n\nmarket, advertise or label any product containing ephedrine, its\n\nsalts, optical isomers, or salts of optical isomers, for the\n\nindication of stimulation, mental alertness, weight loss, appetite\n\ncontrol, muscle development, energy or other indication which is not\n\napproved by the pertinent federal OTC Final Monograph, Tentative\n\nFinal Monograph, or FDA-approved new drug application or its legal\n\nequivalent. In determining compliance with this requirement, the\n\nfollowing factors shall be considered:\n\na. the packaging of the product,\n\nb. the name of the product, and\n\nc. the distribution and promotion of the product,\n\nincluding verbal representations made at the point of\n\nsale.\n\nB. 1. Any person who violates this section is guilty of a\n\nmisdemeanor punishable by confinement for not more than one (1) year\n\nand by a fine not exceeding One Thousand Dollars ($1,000.00).\n\n2. Any person who violates this section a second time within\n\nten (10) years, upon conviction, shall be guilty of a misdemeanor.\n\nThe court may, with the consent of the defendant, order the\n\ndefendant to complete a substance abuse assessment and evaluation\n\nand to complete a diversion program for up to one (1) year following\n\nthe date of conviction in lieu of other punishments. At the\n\ndiscretion of the court, the diversion program may include drug\n\ntesting as a requirement. If the defendant refuses or fails to\n\ncomplete the assessment and evaluation or diversion program, the\n\ncourt may impose punishment as provided for in paragraph 1 of this\n\nsubsection. The provisions of this paragraph shall not apply to\n\nviolations related to the possession of marijuana.\n\n3. Any person who violates this section a third time within ten\n\n(10) years shall, upon conviction, be guilty of a misdemeanor\n\npunishable by a fine not exceeding One Thousand Dollars ($1,000.00),\n\nimprisonment in the county jail for a minimum of thirty (30) days,\n\nor by both such fine and imprisonment. The court may, with the\n\nconsent of the defendant, order the defendant to complete a\n\nsubstance abuse assessment and evaluation and to complete a\n\ndiversion program for up to three (3) years following the date of\n\nconviction. At the discretion of the court, the diversion program\n\nmay include drug testing as a requirement. If the defendant refuses\n\nor fails to complete the assessment and evaluation or diversion\n\nprogram, the court may impose punishment as provided for in\n\nparagraph 1 of this subsection. The provisions of this paragraph\n\nshall not apply to violations related to the possession of\n\nmarijuana.\n\n4. a. Any person who violates this section a fourth time\n\nwithin ten (10) years shall, upon conviction, be\n\nguilty of a felony punishable by a fine not exceeding\n\nFive Thousand Dollars ($5,000.00), imprisonment in the\n\ncustody of the Department of Corrections for not less\n\nthan one (1) year nor more than five (5) years, or by\n\nboth such fine and imprisonment.\n\nb. Upon a verdict or plea of guilty or upon a plea of\n\nnolo contendere, but before a judgment of guilt of a\n\nviolation of this paragraph, the court may, without\n\nentering a judgment of guilt and with the consent of\n\nthe defendant, defer further proceedings upon the\nf the Department of Corrections for not less\n\nthan one (1) year nor more than five (5) years, or by\n\nboth such fine and imprisonment.\n\nb. Upon a verdict or plea of guilty or upon a plea of\n\nnolo contendere, but before a judgment of guilt of a\n\nviolation of this paragraph, the court may, without\n\nentering a judgment of guilt and with the consent of\n\nthe defendant, defer further proceedings upon the\n\nspecific conditions prescribed by the court not to\n\nexceed a three-year period. The court may, with the\n\nconsent of the defendant, order the defendant to\n\ncomplete a substance abuse assessment and evaluation\n\nand to complete a diversion program for up to three\n\n(3) years.\n\nc. Upon successful completion of the court-ordered\n\nsubstance abuse assessment and evaluation and\n\ndiversion program within the time prescribed, the\n\nfelony charge shall be changed to a misdemeanor. If\n\nthe defendant refuses or fails to complete the\n\nassessment and evaluation or diversion program, the\n\ncourt may impose punishment as provided for in\n\nsubparagraph a of this paragraph.\n\nd. The provisions of this paragraph shall not apply to\n\nviolations related to the possession of marijuana.\n\nC. 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.","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":"50e5946d57927cd18d942e1a5882c10879abd6c6de7ef66dcfacff4b8590de6f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-401","next":"us-ok/okla.-stat.-tit.-63-63-2-403"},"notice":"GroundRules: Original legal text. Not legal advice."}