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§ 2-328. Violations--Penalties

Oklahoma Statutes AnnotatedTitle 63. Public Health and Safety

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 2. Uniform Controlled Dangerous Substances Act (Refs & Annos)
Article III. Regulation of Manufacture, Distribution, Dispensing, Prescribing, Administering and Using for Scientific Purposes of Controlled Dangerous Substances
Precursor Substances Act
63 Okl.St.Ann. § 2-328
§ 2-328. Violations--Penalties
Currentness
A. A person or business who manufactures, sells, transfers, furnishes, or receives a precursor substance defined in Section 2-322 of this title commits an offense if the person:
1. Does not comply with the requirements of Section 2-322, 2-323 or 2-326 of this title; or
2. Knowingly makes a false statement in a report or record required by Section 2-323 or 2-326 of this title.
B. Except as provided by subsection C of this section, an offense under subsection A of this section is a misdemeanor and punishable by imprisonment in the county jail for a term not to exceed one year or by a fine not to exceed Ten Thousand Dollars ($10,000.00).
C. A person who manufactures, sells, transfers, or otherwise furnishes a precursor substance defined in Section 2-322 of this title commits an offense if the person manufactures, sells, transfers, or furnishes the substance with the knowledge or intent that the recipient shall use the substance to unlawfully manufacture a controlled substance or a controlled substance analog.
D. A second or subsequent violation of subsection A of this section shall be a felony punishable by imprisonment in the State Penitentiary for a term of not more than ten (10) years or by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Any imprisonment imposed shall not run concurrent with other imprisonment sentences for violations of other provisions of Title 63 of the Oklahoma Statutes.
E. A person who is required by Section 2-322 or 2-324 of this title to have a permit for precursor substances commits an offense if the person:
1. Purchases, obtains, or possesses a precursor substance without having first obtained a permit;
2. Has in his possession or immediate control a precursor substance with no attached permit;
3. Knowingly makes a false statement in an application or report required by Section 2-324 or 2-326 of this title; or
4. Manufacturers, sells, transfers, or otherwise furnishes any person or business a precursor substance defined in Section 2-322 of this title, who does not have a permit.
F. An offense under subsection C or E of this section is a felony punishable by imprisonment in the State Penitentiary for a term of not more than ten (10) years or by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Any imprisonment imposed shall not run concurrent with other imprisonment sentences for violations of other provisions of Title 63 of the Oklahoma Statutes.

Credits

Laws 1990, c. 220, § 10, eff. Sept. 1, 1990; Laws 1997, c. 133, § 528, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 381, eff. July 1, 1999.
63 Okl. St. Ann. § 2-328, OK ST T. 63 § 2-328
Current with emergency effective legislation through Chapter 347 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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