§ 63-2-406 — Prohibited acts F - Penalties.

A. It shall be unlawful for any registrant or person applying for registration to knowingly or intentionally: 1. 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. Any registrant or person convicted of violating the provisions of this paragraph shall be guilty of a Class B3 felony offense; 2. 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. Any registrant or person convicted of violating the provisions of this paragraph shall be guilty of a Class B3 felony offense; 3. Acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge. Any registrant or person convicted of violating the provisions of this paragraph shall be guilty of a Class C1 felony offense punishable as provided for in subsections B through E of Section 20L of Title 21 of the Oklahoma Statutes; 4. 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. Any registrant or person convicted of violating the provisions of this paragraph shall be guilty of a Class B3 felony offense; 5. 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. Any registrant or person convicted of violating the provisions of this paragraph shall be guilty of a Class B3 felony offense; and 6. 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. Except as provided for in paragraph 3 of subsection A of this section, any person who violates this section shall, upon conviction, be punished 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.

Legislative History

Added by Laws 1971, c. 119, § 2-406, operative Sept. 1, 1971. Amended by 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; Laws 2024, c. 308, § 7, emerg. eff. May 15, 2024; Laws 2025, c. 486, § 96, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 533 from July 1, 1998, to July 1, 1999. NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws 2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.