Okla. Stat. tit. 63 § 2-406

Current through Laws 2024, c. 6.

Section 2-406 - [Multiple versions] Prohibited acts F - Penalties

A. It shall be unlawful for any registrant knowingly or intentionally:

1. To distribute, other than by dispensing or as otherwise authorized by the Uniform Controlled Dangerous Substances Act, a controlled dangerous substance classified in Schedules I or II, in the course of his or her legitimate business, except pursuant to an order form as required by Section 2-308 of this title;

2. To use in the course of the manufacture or distribution of a controlled dangerous substance a registration number which is fictitious, revoked, suspended or issued to another person;

3. To acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge;

4. To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under the Uniform Controlled Dangerous Substances Act, or any record required to be kept by the Uniform Controlled Dangerous Substances Act;

5. To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled dangerous substance; and

6. To purchase, or attempt, endeavor, or conspire to obtain or purchase, any license or registration required to distribute, possess, prescribe, or manufacture any controlled dangerous substance on behalf of, or at the request or demand of, any other person through the use of a straw person or straw party.

B. Any person who violates this section is guilty of a felony punishable by imprisonment for not more than twenty (20) years or a fine not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

C. Any person convicted of a second or subsequent violation of this section is punishable by a term of imprisonment twice that otherwise authorized and by twice the fine otherwise authorized. Convictions for second or subsequent violations of this section shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation.

D. Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of this title.

Okla. Stat. tit. 63, § 2-406

Amended by Laws 2023, c. 235,s. 2, eff. 5/11/2023.

Laws 1971, c. 119, § 2-406; Amended by Laws 1997, c. 133, §533 (effective date changed to 7/1/1999, by Laws 1998, c. 2 (1st Ex. Sess.), §§ 23-26, effective 6/19/1998; Amended by Laws 199, HB 1009X (1st Ex. Sess. 1999), §384, emerg. eff. 7/1/1999; Amended by Laws 2004 , HB 2600, c. 396, §6, eff. 11/1/2004 (effective date changed to 9/1/2004, by Laws 2004 , SB 973, c. 530, §2, eff. 9/1/2004).

This section is set out more than once due to postponed, multiple, or conflicting amendments.