Okla. Stat. tit. 63, § 63-2-402

A. 1. It shall be unlawful for any person knowingly or

intentionally to possess a controlled dangerous substance unless

such substance was obtained directly, or pursuant to a valid

prescription or order from a practitioner, while acting in the

course of his or her professional practice, or except as otherwise

authorized by Section 2-101 et seq. of this title.

2. It shall be unlawful for any person to purchase any

preparation excepted from the provisions of the Uniform Controlled

Dangerous Substances Act pursuant to Section 2-313 of this title in

an amount or within a time interval other than that permitted by

Section 2-313 of this title.

3. It shall be unlawful for any person or business to sell,

market, advertise or label any product containing ephedrine, its

salts, optical isomers, or salts of optical isomers, for the

indication of stimulation, mental alertness, weight loss, appetite

control, muscle development, energy or other indication which is not

approved by the pertinent federal OTC Final Monograph, Tentative

Final Monograph, or FDA-approved new drug application or its legal

equivalent. In determining compliance with this requirement, the

following factors shall be considered:

a. the packaging of the product,

b. the name of the product, and

c. the distribution and promotion of the product,

including verbal representations made at the point of

sale.

B. 1. Any person who violates this section is guilty of a

misdemeanor punishable by confinement for not more than one (1) year

and by a fine not exceeding One Thousand Dollars ($1,000.00).

2. Any person who violates this section a second time within

ten (10) years, upon conviction, shall be guilty of a misdemeanor.

The court may, with the consent of the defendant, order the

defendant to complete a substance abuse assessment and evaluation

and to complete a diversion program for up to one (1) year following

the date of conviction in lieu of other punishments. At the

discretion of the court, the diversion program may include drug

testing as a requirement. If the defendant refuses or fails to

complete the assessment and evaluation or diversion program, the

Oklahoma Statutes - Title 63. Public Health and Safety Page 988

court may impose punishment as provided for in paragraph 1 of this

subsection. The provisions of this paragraph shall not apply to

violations related to the possession of marijuana.

3. Any person who violates this section a third time within ten

(10) years shall, upon conviction, be guilty of a misdemeanor

punishable by a fine not exceeding One Thousand Dollars ($1,000.00),

imprisonment in the county jail for a minimum of thirty (30) days,

or by both such fine and imprisonment. The court may, with the

consent of the defendant, order the defendant to complete a

substance abuse assessment and evaluation and to complete a

diversion program for up to three (3) years following the date of

conviction. At the discretion of the court, the diversion program

may include drug testing as a requirement. If the defendant refuses

or fails to complete the assessment and evaluation or diversion

program, the court may impose punishment as provided for in

paragraph 1 of this subsection. The provisions of this paragraph

shall not apply to violations related to the possession of

marijuana.

4. a. Any person who violates this section a fourth time

within ten (10) years shall, upon conviction, be

guilty of a felony punishable by a fine not exceeding

Five Thousand Dollars ($5,000.00), imprisonment in the

custody of the Department of Corrections for not less

than one (1) year nor more than five (5) years, or by

both such fine and imprisonment.

b. Upon a verdict or plea of guilty or upon a plea of

nolo contendere, but before a judgment of guilt of a

violation of this paragraph, the court may, without

entering a judgment of guilt and with the consent of

the defendant, defer further proceedings upon the
f the Department of Corrections for not less

than one (1) year nor more than five (5) years, or by

both such fine and imprisonment.

b. Upon a verdict or plea of guilty or upon a plea of

nolo contendere, but before a judgment of guilt of a

violation of this paragraph, the court may, without

entering a judgment of guilt and with the consent of

the defendant, defer further proceedings upon the

specific conditions prescribed by the court not to

exceed a three-year period. The court may, with the

consent of the defendant, order the defendant to

complete a substance abuse assessment and evaluation

and to complete a diversion program for up to three

(3) years.

c. Upon successful completion of the court-ordered

substance abuse assessment and evaluation and

diversion program within the time prescribed, the

felony charge shall be changed to a misdemeanor. If

the defendant refuses or fails to complete the

assessment and evaluation or diversion program, the

court may impose punishment as provided for in

subparagraph a of this paragraph.

d. The provisions of this paragraph shall not apply to

violations related to the possession of marijuana.

Oklahoma Statutes - Title 63. Public Health and Safety Page 989

C. 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.