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§ 2-406. Prohibited acts F--Penalties

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: May 11, 2023

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 2. Uniform Controlled Dangerous Substances Act (Refs & Annos)
Article IV. Offenses and Penalties
Effective: May 11, 2023
63 Okl.St.Ann. § 2-406
§ 2-406. Prohibited acts F--Penalties
<Text as amended by Laws 2023, c. 235, § 2. See also, text as amended by Laws 2023, c. 375, § 7.>
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.

Credits

Laws 1971, c. 119, § 2-406; Laws 1997, c. 133, § 533, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 384, eff. July 1, 1999; Laws 2004, c. 396, § 6, eff. Sept. 1, 2004; Laws 2023, c. 235, § 2, emerg. eff. May 11, 2023.
63 Okl. St. Ann. § 2-406, OK ST T. 63 § 2-406
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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