Okla. Stat. tit. 63, § 63-2-401

A. Except as authorized by the Uniform Controlled Dangerous

Substances Act, it shall be unlawful for any person:

1. To distribute, dispense, transport with intent to distribute

or dispense, possess with intent to manufacture, distribute, or

dispense, a controlled dangerous substance or to solicit the use of

or use the services of a person less than eighteen (18) years of age

to cultivate, distribute or dispense a controlled dangerous

substance;

2. To create, distribute, transport with intent to distribute

or dispense, or possess with intent to distribute, a counterfeit

controlled dangerous substance; or

3. To distribute any imitation controlled substance as defined

by Section 2-101 of this title, except when authorized by the Food

and Drug Administration of the United States Department of Health

and Human Services.

B. Any person who violates the provisions of this section with

respect to:

1. A substance classified in Schedule I or II, except for

marijuana, upon conviction, shall be guilty of transporting or

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possessing with an intent to distribute a controlled dangerous

substance, a Class C2 felony offense, and shall be sentenced to a

term of imprisonment as provided for in subsections B through F of

Section 20M of Title 21 of the Oklahoma Statutes, and a fine not

more than One Hundred Thousand Dollars ($100,000.00), which shall be

in addition to other punishment provided by law and shall not be

imposed in lieu of other punishment. A second conviction for the

violation of provisions of this paragraph is a Class C2 felony

offense punishable by a term of imprisonment as provided for in

subsections B through F of Section 20M of Title 21 of the Oklahoma

Statutes. A third or subsequent conviction for the violation of the

provisions of this paragraph is a Class C2 felony offense punishable

by a term of imprisonment as provided for in subsections B through F

of Section 20M of Title 21 of the Oklahoma Statutes;

2. Any other controlled dangerous substance classified in

Schedule III, IV, V or marijuana, upon conviction, shall be guilty

of a Class D1 felony offense and shall be sentenced to a term of

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes and a fine not more than

Twenty Thousand Dollars ($20,000.00), which shall be in addition to

other punishment provided by law and shall not be imposed in lieu of

other punishment. A second conviction for the violation of the

provisions of this paragraph is a Class D1 felony offense punishable

by a term of imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes. A third or

subsequent conviction for the violation of the provisions of this

paragraph is a Class D1 felony offense punishable by a term of

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes; or

3. An imitation controlled substance as defined by Section 2-

101 of this title, upon conviction, shall be guilty of a misdemeanor

and shall be sentenced to a term of imprisonment in the county jail

for a period not more than one (1) year and a fine not more than One

Thousand Dollars ($1,000.00). A person convicted of a second

violation of the provisions of this paragraph shall be guilty of a

Class D2 felony offense and shall be sentenced to a term of

imprisonment as provided for in subsections B through F of Section

20O of Title 21 of the Oklahoma Statutes, and a fine not more than

Five Thousand Dollars ($5,000.00), which shall be in addition to

other punishment provided by law and shall not be imposed in lieu of

other punishment.

C. 1. Except when authorized by the Food and Drug

Administration of the United States Department of Health and Human

Services, it shall be unlawful for any person to manufacture or
f Title 21 of the Oklahoma Statutes, and a fine not more than

Five Thousand Dollars ($5,000.00), which shall be in addition to

other punishment provided by law and shall not be imposed in lieu of

other punishment.

C. 1. Except when authorized by the Food and Drug

Administration of the United States Department of Health and Human

Services, it shall be unlawful for any person to manufacture or

distribute a controlled substance or synthetic controlled substance.

2. Any person convicted of violating the provisions of

paragraph 1 of this subsection with respect to distributing a

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controlled substance is guilty of a Class C2 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes, and a

fine not more than Twenty-five Thousand Dollars ($25,000.00), which

shall be in addition to other punishment provided by law and shall

not be imposed in lieu of other punishment.

3. A second conviction for the violation of the provisions of

paragraph 1 of this subsection with respect to distributing a

controlled substance is a Class C2 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes. A third or subsequent

conviction for the violation of the provisions of this paragraph is

a Class C2 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20M of Title 21 of the

Oklahoma Statutes.

4. Any person convicted of violating the provisions of

paragraph 1 of this subsection with respect to manufacturing a

controlled substance is guilty of a Class C2 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes, and a

fine not more than Twenty-five Thousand Dollars ($25,000.00), which

shall be in addition to other punishment provided by law and shall

not be imposed in lieu of other punishment.

5. A second conviction for the violation of the provisions of

paragraph 1 of this subsection with respect to manufacturing a

controlled substance is a Class C2 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes. A third or subsequent

conviction for the violation of the provisions of this paragraph is

a Class C2 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20M of Title 21 of the

Oklahoma Statutes.

D. Convictions for violations of the provisions of this section

shall be subject to the statutory provisions for suspended or

deferred sentences, or probation as provided in Section 991a of

Title 22 of the Oklahoma Statutes.

E. Any person who is at least eighteen (18) years of age and

who violates the provisions of this section by using or soliciting

the use of services of a person less than eighteen (18) years of age

to distribute, dispense, transport with intent to distribute or

dispense or cultivate a controlled dangerous substance or by

distributing a controlled dangerous substance to a person under

eighteen (18) years of age, or in the presence of a person under

twelve (12) years of age, is guilty of a Class C1 felony offense

punishable by:

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1. For a first violation of this subsection, a term of

imprisonment in the custody of the Department of Corrections not

less than two (2) years nor more than ten (10) years;

2. For a second violation of this subsection, a term of

imprisonment in the custody of the Department of Corrections for not

less than four (4) years nor more than twenty (20) years; or

3. For a third or subsequent violation of this subsection, a

term of imprisonment in the custody of the Department of Corrections
tment of Corrections not

less than two (2) years nor more than ten (10) years;

2. For a second violation of this subsection, a term of

imprisonment in the custody of the Department of Corrections for not

less than four (4) years nor more than twenty (20) years; or

3. For a third or subsequent violation of this subsection, a

term of imprisonment in the custody of the Department of Corrections

for not less than ten (10) years nor more than life.

F. Any person who violates any provision of this section by

transporting with intent to distribute or dispense, distributing or

possessing with intent to distribute a controlled dangerous

substance to a person, or violation of subsection G of this section,

in or on, or within two thousand (2,000) feet of the real property

comprising a public or private elementary or secondary school,

public vocational school, public or private college or university,

or other institution of higher education, recreation center or

public park, including a state park or recreation area, public

housing project, or child care facility as defined by Section 402 of

Title 10 of the Oklahoma Statutes, shall be guilty of a Class C1

felony offense and shall be punished by:

1. For a first offense, a term of imprisonment as provided for

in subsections B through E of Section 20L of Title 21 of the

Oklahoma Statutes; or

2. For a second or subsequent violation of this section, a term

of imprisonment as provided for in subsections B through E of

Section 20L of Title 21 of the Oklahoma Statutes, or by the

imposition of a fine, or by both, not exceeding thrice that

authorized by the appropriate provision of this section.

Convictions for second and subsequent violations of the provisions

of this section shall not be subject to statutory provisions of

suspended sentences, deferred sentences or probation.

G. 1. Except as authorized by the Uniform Controlled Dangerous

Substances Act, it shall be unlawful for any person to manufacture

or attempt to manufacture any controlled dangerous substance or

possess any substance listed in Section 2-322 of this title or any

substance containing any detectable amount of pseudoephedrine or its

salts, optical isomers or salts of optical isomers, iodine or its

salts, optical isomers or salts of optical isomers, hydriodic acid,

sodium metal, lithium metal, anhydrous ammonia, phosphorus, or

organic solvents with the intent to use that substance to

manufacture a controlled dangerous substance.

2. Any person violating the provisions of this subsection with

respect to the unlawful manufacturing or attempting to unlawfully

manufacture any controlled dangerous substance, possessing any

substance listed in this subsection or Section 2-322 of this title,

or combining fentanyl with any other controlled dangerous substance,

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upon conviction, is guilty of a Class A2 felony offense and shall be

punished by imprisonment in the custody of the Department of

Corrections for not less than seven (7) years nor more than life and

by a fine not less than Fifty Thousand Dollars ($50,000.00), which

shall be in addition to other punishment provided by law and shall

not be imposed in lieu of other punishment. The possession of any

amount of anhydrous ammonia in an unauthorized container shall be

prima facie evidence of intent to use such substance to manufacture

a controlled dangerous substance.

3. Any person violating the provisions of this subsection with

respect to the unlawful manufacturing or attempting to unlawfully

manufacture any controlled dangerous substance in the following

amounts:

a. one (1) kilogram or more of a mixture or substance

containing a detectable amount of heroin,

b. five (5) kilograms or more of a mixture or substance

containing a detectable amount of:
ce.

3. Any person violating the provisions of this subsection with

respect to the unlawful manufacturing or attempting to unlawfully

manufacture any controlled dangerous substance in the following

amounts:

a. one (1) kilogram or more of a mixture or substance

containing a detectable amount of heroin,

b. five (5) kilograms or more of a mixture or substance

containing a detectable amount of:

(1) coca leaves, except coca leaves and extracts of

coca leaves from which cocaine, ecgonine, and

derivatives of ecgonine or their salts have been

removed,

(2) cocaine, its salts, optical and geometric

isomers, and salts of isomers,

(3) ecgonine, its derivatives, their salts, isomers,

and salts of isomers, or

(4) any compound, mixture, or preparation which

contains any quantity of any of the substances

referred to in divisions (1) through (3) of this

subparagraph,

c. fifty (50) grams or more of a mixture or substance

described in division (2) of subparagraph b of this

paragraph which contains cocaine base,

d. one hundred (100) grams or more of phencyclidine (PCP)

or one (1) kilogram or more of a mixture or substance

containing a detectable amount of phencyclidine (PCP),

e. ten (10) grams or more of a mixture or substance

containing a detectable amount of lysergic acid

diethylamide (LSD),

f. four hundred (400) grams or more of a mixture or

substance containing a detectable amount of N-phenyl-

N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100

grams or more of a mixture or substance containing a

detectable amount of any analogue of N-phenyl-N-[1-(2-

phenylethyl)-4-piperidinyl] propanamide,

g. one thousand (1,000) kilograms or more of a mixture or

substance containing a detectable amount of marijuana

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or one thousand (1,000) or more marijuana plants

regardless of weight,

h. fifty (50) grams or more of methamphetamine, its

salts, isomers, and salts of its isomers or five

hundred (500) grams or more of a mixture or substance

containing a detectable amount of methamphetamine, its

salts, isomers, or salts of its isomers, or

i. ten (10) grams or more of a mixture or substance

containing a detectable amount of fentanyl, its

analogs, or derivatives,

upon conviction, is guilty of aggravated manufacturing of a

controlled dangerous substance, a Class A1 felony offense,

punishable by imprisonment in the custody of the Department of

Corrections for not less than twenty (20) years nor more than life

and by a fine not less than Fifty Thousand Dollars ($50,000.00),

which shall be in addition to other punishment provided by law and

shall not be imposed in lieu of other punishment. Any person

convicted of a violation of the provisions of this paragraph shall

be required to serve a minimum of eighty-five percent (85%) of the

sentence received prior to becoming eligible for state correctional

earned credits towards the completion of the sentence or eligible

for parole.

4. Any sentence to the custody of the Department of Corrections

for any violation of paragraph 3 of this subsection shall not be

subject to statutory provisions for suspended sentences, deferred

sentences, or probation. A person convicted of a second or

subsequent violation of the provisions of paragraph 3 of this

subsection shall be punished as a habitual offender pursuant to

Section 51.1 of Title 21 of the Oklahoma Statutes and shall be

required to serve a minimum of eighty-five percent (85%) of the

sentence received prior to becoming eligible for state correctional

earned credits or eligibility for parole.

5. Any person who has been convicted of manufacturing or

attempting to manufacture methamphetamine pursuant to the provisions

of this subsection and who, after such conviction, purchases or

attempts to purchase, receive or otherwise acquire any product,

mixture, or preparation containing any detectable quantity of base
eligible for state correctional

earned credits or eligibility for parole.

5. Any person who has been convicted of manufacturing or

attempting to manufacture methamphetamine pursuant to the provisions

of this subsection and who, after such conviction, purchases or

attempts to purchase, receive or otherwise acquire any product,

mixture, or preparation containing any detectable quantity of base

pseudoephedrine or ephedrine shall, upon conviction, be guilty of a

Class B3 felony offense punishable by imprisonment in the custody of

the Department of Corrections for a term in the range of twice the

minimum term provided for in paragraph 2 of this subsection.

H. Any person convicted of any offense described in the Uniform

Controlled Dangerous Substances Act may, in addition to the fine

imposed, be assessed an amount not to exceed ten percent (10%) of

the fine imposed. Such assessment shall be paid into a revolving

fund for enforcement of controlled dangerous substances created

pursuant to Section 2-506 of this title.

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I. 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.

J. For purposes of this section, “public housing project” means

any dwelling or accommodations operated as a state or federally

subsidized multifamily housing project by any housing authority,

nonprofit corporation or municipal developer or housing projects

created pursuant to the Oklahoma Housing Authorities Act.

K. When a person is found guilty of a violation of the

provisions of this section, the court shall order, in addition to

any other penalty, the defendant to pay a one-hundred-dollar

assessment to be deposited in the Drug Abuse Education and Treatment

Revolving Fund created in Section 2-503.2 of this title, upon

collection.

L. Any person convicted of a second or subsequent felony

violation of the provisions of this section, except for paragraphs 1

and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of

subsection C of this section, paragraphs 1, 2, and 3 of subsection E

of this section and paragraphs 1 and 2 of subsection F of this

section, shall be punished as a habitual offender pursuant to

Section 51.1 of Title 21 of the Oklahoma Statutes.