Okla. Stat. tit. 63, § 63-2-509

deferred sentences or probation.

A. All species of plants from which controlled dangerous

substances in Schedules I and II may be derived are hereby declared

inimical to health and welfare of the public, and the intent of the

Legislature is to control and eradicate these species of the plants

in the State of Oklahoma.

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B. It shall be unlawful for any person to cultivate or produce,

or to knowingly permit the cultivation, production, or wild growing

of any species of such plants, on any lands owned or controlled by

such person, and it is hereby declared the duty of every such person

to destroy all such plants found growing on lands owned or

controlled by the person.

C. 1. Whenever any peace officer of the state shall receive

information that any species of any such plants has been found

growing on any private lands in the State of Oklahoma, the peace

officer shall notify the sheriff and county commissioners of the

county wherein such plants are found growing. Within five (5) days

of receipt of such notice, the county commissioners shall notify the

owner or person in possession of such lands that such plants have

been found growing on the lands and that the same must be destroyed

or eradicated within fifteen (15) days. When the fifteen (15) days

have elapsed, the reporting peace officer shall cause an

investigation to be made of the aforesaid lands, and if any such

plants be found growing thereon, the county commissioners shall

cause the same to be destroyed or eradicated by either cutting and

burning or by applications of herbicides approved for such purpose

and registered for use in Oklahoma by the Oklahoma Department of

Agriculture, Food, and Forestry in accordance with Section 2-505 of

this title.

2. Whenever any such plants are destroyed or eradicated by

order of the county commissioners as provided herein, the cost of

the same shall, if the work or labor be furnished by the county

commissioners, be taxed against the lands whereon the work was

performed, and shall be a lien upon such land in all manner and

respects as a lien of judgment, if the owner is charged with a

violation of subsection B of this section. If the violation of

subsection B of this section is by a person other than the owner of

the land, without the knowledge of the owner, the costs shall be

paid by the initiating law enforcement agency.

D. Knowingly violating the provisions of subsection B or

subsection H of this section is hereby declared, as to the owner, or

person in possession of such lands, to be a felony and upon

conviction punishable as such by a fine not to exceed Fifty Thousand

Dollars ($50,000.00) and imprisonment in the custody of the

Department of Corrections for not more than ten (10) years. The

fine provided for in this subsection shall be in addition to other

punishments provided by law and shall not be in lieu of other

punishment. Any person convicted of a second violation of

subsection B or subsection H of this section is, upon conviction,

punishable by a term of imprisonment in the custody of the

Department of Corrections for not less than two (2) years nor more

than twenty (20) years and by twice the fine otherwise authorized.

Any person convicted of a third or subsequent violation of

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subsection B or subsection H of this section is punishable by a term

of imprisonment in the custody of the Department of Corrections for

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

E. It shall be the duty of any peace officer of the State of

Oklahoma who receives information of such plants growing in the

State of Oklahoma, to make notice, in writing, to the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control and the future

destruction or eradication of the annual growth of such plants shall

be supervised by the Oklahoma State Bureau of Narcotics and
an life.

E. It shall be the duty of any peace officer of the State of

Oklahoma who receives information of such plants growing in the

State of Oklahoma, to make notice, in writing, to the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control and the future

destruction or eradication of the annual growth of such plants shall

be supervised by the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control. Any destruction or eradication of the

annual growth of such plants supervised by the Bureau shall be by

cutting and burning the same or by destruction and eradication

through applications of herbicides approved for such purpose and

registered for use in Oklahoma by the Oklahoma Department of

Agriculture, Food, and Forestry.

F. Any application of herbicides authorized by this section

shall be made pursuant to the provisions of Section 2-505 of this

title.

G. In lieu of the eradication procedures provided for in

subsections B and C of this section, all species of plants from

which controlled dangerous substances in Schedules I and II of the

Uniform Controlled Dangerous Substances Act may be derived, may be

disposed of pursuant to the provisions of subsection C of Section 2-

505 of this title.

H. Except as authorized by the Uniform Controlled Dangerous

Substances Act, it shall be unlawful, and a Class B4 felony offense,

for any person to manufacture or attempt to manufacture any

controlled dangerous substance by cooking, burning, or extracting

and converting or attempting to extract and convert marihuana or

marihuana oil into hashish, hashish oil or hashish powder.