{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-509","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-509","heading":"Eradication - Penalties - Prohibition of suspended or","body":"deferred sentences or probation.\n\nA. All species of plants from which controlled dangerous\n\nsubstances in Schedules I and II may be derived are hereby declared\n\ninimical to health and welfare of the public, and the intent of the\n\nLegislature is to control and eradicate these species of the plants\n\nin the State of Oklahoma.\n\nB. It shall be unlawful for any person to cultivate or produce,\n\nor to knowingly permit the cultivation, production, or wild growing\n\nof any species of such plants, on any lands owned or controlled by\n\nsuch person, and it is hereby declared the duty of every such person\n\nto destroy all such plants found growing on lands owned or\n\ncontrolled by the person.\n\nC. 1. Whenever any peace officer of the state shall receive\n\ninformation that any species of any such plants has been found\n\ngrowing on any private lands in the State of Oklahoma, the peace\n\nofficer shall notify the sheriff and county commissioners of the\n\ncounty wherein such plants are found growing. Within five (5) days\n\nof receipt of such notice, the county commissioners shall notify the\n\nowner or person in possession of such lands that such plants have\n\nbeen found growing on the lands and that the same must be destroyed\n\nor eradicated within fifteen (15) days. When the fifteen (15) days\n\nhave elapsed, the reporting peace officer shall cause an\n\ninvestigation to be made of the aforesaid lands, and if any such\n\nplants be found growing thereon, the county commissioners shall\n\ncause the same to be destroyed or eradicated by either cutting and\n\nburning or by applications of herbicides approved for such purpose\n\nand registered for use in Oklahoma by the Oklahoma Department of\n\nAgriculture, Food, and Forestry in accordance with Section 2-505 of\n\nthis title.\n\n2. Whenever any such plants are destroyed or eradicated by\n\norder of the county commissioners as provided herein, the cost of\n\nthe same shall, if the work or labor be furnished by the county\n\ncommissioners, be taxed against the lands whereon the work was\n\nperformed, and shall be a lien upon such land in all manner and\n\nrespects as a lien of judgment, if the owner is charged with a\n\nviolation of subsection B of this section. If the violation of\n\nsubsection B of this section is by a person other than the owner of\n\nthe land, without the knowledge of the owner, the costs shall be\n\npaid by the initiating law enforcement agency.\n\nD. Knowingly violating the provisions of subsection B or\n\nsubsection H of this section is hereby declared, as to the owner, or\n\nperson in possession of such lands, to be a felony and upon\n\nconviction punishable as such by a fine not to exceed Fifty Thousand\n\nDollars ($50,000.00) and imprisonment in the custody of the\n\nDepartment of Corrections for not more than ten (10) years. The\n\nfine provided for in this subsection shall be in addition to other\n\npunishments provided by law and shall not be in lieu of other\n\npunishment. Any person convicted of a second violation of\n\nsubsection B or subsection H of this section is, upon conviction,\n\npunishable by a term of imprisonment in the custody of the\n\nDepartment of Corrections for not less than two (2) years nor more\n\nthan twenty (20) years and by twice the fine otherwise authorized.\n\nAny person convicted of a third or subsequent violation of\n\nsubsection B or subsection H of this section is punishable by a term\n\nof imprisonment in the custody of the Department of Corrections for\n\nnot less than ten (10) years nor more than life.\n\nE. It shall be the duty of any peace officer of the State of\n\nOklahoma who receives information of such plants growing in the\n\nState of Oklahoma, to make notice, in writing, to the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control and the future\n\ndestruction or eradication of the annual growth of such plants shall\n\nbe supervised by the Oklahoma State Bureau of Narcotics and\nan life.\n\nE. It shall be the duty of any peace officer of the State of\n\nOklahoma who receives information of such plants growing in the\n\nState of Oklahoma, to make notice, in writing, to the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control and the future\n\ndestruction or eradication of the annual growth of such plants shall\n\nbe supervised by the Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control. Any destruction or eradication of the\n\nannual growth of such plants supervised by the Bureau shall be by\n\ncutting and burning the same or by destruction and eradication\n\nthrough applications of herbicides approved for such purpose and\n\nregistered for use in Oklahoma by the Oklahoma Department of\n\nAgriculture, Food, and Forestry.\n\nF. Any application of herbicides authorized by this section\n\nshall be made pursuant to the provisions of Section 2-505 of this\n\ntitle.\n\nG. In lieu of the eradication procedures provided for in\n\nsubsections B and C of this section, all species of plants from\n\nwhich controlled dangerous substances in Schedules I and II of the\n\nUniform Controlled Dangerous Substances Act may be derived, may be\n\ndisposed of pursuant to the provisions of subsection C of Section 2-\n\n505 of this title.\n\nH. Except as authorized by the Uniform Controlled Dangerous\n\nSubstances Act, it shall be unlawful, and a Class B4 felony offense,\n\nfor any person to manufacture or attempt to manufacture any\n\ncontrolled dangerous substance by cooking, burning, or extracting\n\nand converting or attempting to extract and convert marihuana or\n\nmarihuana oil into hashish, hashish oil or hashish powder.","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":"9d005683dbb117f4307d837aa786ca56ca17b7ccdcb4d7d22e63a4247af60a7d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-508","next":"us-ok/okla.-stat.-tit.-63-63-2-510"},"notice":"GroundRules: Original legal text. Not legal advice."}