0 chapters · 2,103 sections in this title.
63 O.S. § 2-407 Prohibited acts G - Penalties
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A. No person shall obtain or attempt to obtain any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act pursuant to Section 2-313 of this title in a manner inconsistent with the provisions of paragraph 1 of subsection B of Section 2-313 of t…
63 O.S. § 2-407.1 Certain substances causing intoxication, distortion or
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disturbances of auditory, visual, muscular or mental processes prohibited - Exemptions - Penalties. A. For the purpose of inducing intoxication or distortion or disturbance of the auditory, visual, muscular, or mental process, no person shall ingest, use, or possess any compound,…
63 O.S. § 2-408 Offering, soliciting, attempting, endeavoring or
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conspiring to commit offense - Penalties. Any person who offers, solicits, attempts, endeavors, or conspires to commit any offense defined in the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title shall be subject to the penalty prescribed for the of…
63 O.S. § 2-409 Additional penalties
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Any penalty imposed for violation of this article shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. Added by Laws 1971, c. 119, § 2-409, operative Sept. 1, 1971.
63 O.S. § 2-410 Conditional release for first offense - Effect of
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expungement - Persons not covered by section. A. Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic dr…
63 O.S. § 2-411 General penalty clause
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Any person who violates any provision of this act not subject to a specific penalty provision is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such f…
63 O.S. § 2-412 Second or subsequent offenses
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An offense shall be considered a second or subsequent offense under this act, if, prior to his conviction of the offense, the offender has at any time been convicted of an offense or offenses under this act, under any statute of the United States, or of any state relating to narc…
63 O.S. § 2-413 Bar to prosecution
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If a violation of this act is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. Added by Laws 1971, c. 119, § 2-413, operative Sept. 1, 1971.
63 O.S. § 2-413.1 Emergency medical assistance – Immunity from
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prosecution. A. A peace officer shall not take a person into custody based solely on the commission of an offense involving a controlled dangerous substance described in subsection B of this section if the peace officer, after making a reasonable determination and considering the…
63 O.S. § 2-414 Short title
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Sections 2-414 through 2-420 of this title shall be known and may be cited as the "Trafficking in Illegal Drugs Act". Added by Laws 1987, c. 136, § 1, eff. Nov. 1, 1987. Amended by Laws 2007, c. 199, § 4, eff. Nov. 1, 2007.
63 O.S. § 2-415 Application - Fines and penalties
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A. The provisions of the Trafficking in Illegal Drugs Act shall apply to persons convicted of violations with respect to the following substances: 1. Marijuana; 2. Cocaine or coca leaves; 3. Heroin; 4. Amphetamine or methamphetamine; 5. Lysergic acid diethylamide (LSD); 6. Phency…
63 O.S. § 2-416 Apportionment of fines
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The fines specified in Section 2 of this act shall be apportioned as follows: 1. Twenty-five percent (25%) shall be distributed to the revolving fund established pursuant to the provisions of Section 2- 506 of Title 63 of the Oklahoma Statutes to be used for enforcement of the Un…
63 O.S. § 2-417 Drug Abuse Education Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Drug Abuse Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fines collected pursuant t…
63 O.S. § 2-419.1 Use of minors in transportation, sale, etc. of
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controlled dangerous substances. A. It shall be unlawful for any individual eighteen (18) years of age or older to solicit, employ, hire, or use an individual under eighteen (18) years of age to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any control…
63 O.S. § 2-420 GPS monitoring of persons charged with aggravated
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trafficking - Statistical records. A. Any person charged with aggravated trafficking pursuant to Section 2-415 of this title shall not be subject to pretrial release as specified in Section 1105.3 of Title 22 of the Oklahoma Statutes and shall not be released on bail without a Gl…
63 O.S. § 2-421 Short title
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This act shall be known and may be cited as the "Drug Dealer Liability Act". Added by Laws 1994, c. 179, § 1, eff. Sept. 1, 1994.
63 O.S. § 2-422 Definitions
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As used in the Drug Dealer Liability Act: 1. "Illegal drug" means a drug whose distribution is a violation of state law; 2. "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches th…
63 O.S. § 2-423 Liability for civil damages
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A. A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in the Drug Dealer Liability Act. A person may recover damages under this act for injury resulting from use of an illegal drug by that person. B. A law enfo…
63 O.S. § 2-424 Persons who may bring action - Persons liable - Damages
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recoverable. A. One or more of the following persons may bring an action for damages caused by use of an illegal drug by an individual: 1. A parent, legal guardian, child, spouse, or sibling of the individual drug user; 2. An individual who was exposed to an illegal drug in utero…
63 O.S. § 2-425 Individual drug users who may bring action - Persons
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liable for damages - Damages recoverable. A. An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection. An individual drug user may bring an action for damages caused by the use of an illega…
63 O.S. § 2-426 Third party payment of damages - Defense under contract
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of insurance - Indemnification - Prohibition. A third party shall not pay damages awarded under the Drug Dealer Liability Act, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification. Added by Laws 1994, c. 179, § 6, e…
63 O.S. § 2-427 Drug market target community - Level of offense
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A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community: 1. For a level one offense, the county in which the place of participation of the defendant is situated;…
63 O.S. § 2-428 Joinder of parties - Judgments
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A. Two or more persons may join in one action under this act as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plai…
63 O.S. § 2-429 Comparative responsibility - Burden and standard of
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proof. A. An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of re…
63 O.S. § 2-430 Right of contribution - Recovery by plaintiff
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A person subject to liability under this act has a right of action for contribution against another person subject to liability under the Drug Dealer Liability Act. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plai…
63 O.S. § 2-431 Proof of participation in illegal drug market - Standard
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of proof - Prima facie evidence of participation. A. Proof of participation in the illegal drug market in an action brought under the Drug Dealer Liability Act shall be shown by clear and convincing evidence. Except as otherwise provided in this act, other elements of the cause o…
63 O.S. § 2-432 Attachments of assets - Execution of judgment - Exempt
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property - Property seized by forfeiture. A. A plaintiff under the Drug Dealer Liability Act, subject to subsection C of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If…
63 O.S. § 2-433 Limitation of action - Accrual of cause of action -
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Tolling. A. Except as otherwise provided in this section, a claim under the Drug Dealer Liability Act shall not be brought more than two (2) years after the cause of action accrues. A cause of action accrues under the Drug Dealer Liability Act when a person who may recover has re…
63 O.S. § 2-434 Legal representation of state - Stay of action
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A. A prosecuting attorney may represent the state or a political subdivision of the state in an action under the Drug Dealer Liability Act. B. On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this act shall be stayed unti…
63 O.S. § 2-435 Interfamily tort immunity not altered
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The provisions of the Drug Dealer Liability Act are not intended to alter the law regarding interfamily tort immunity. Added by Laws 1994, c. 179, § 15, eff. Sept. 1, 1994.
63 O.S. § 2-501 Powers of enforcement personnel
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Any peace officer may: 1. Carry firearms; 2. Execute search warrants, arrest warrants, subpoenas, and summonses issued under the authority of this state; 3. Make an arrest without warrant of any person the officer has probable cause for believing has committed any felony under th…
63 O.S. § 2-502 Inspections
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A. Prescriptions, orders, and records, required by this act, and stock of substances specified in this act shall be open for inspection only to specifically designated or assigned state, county, and municipal officers, whose duty it is to enforce the laws of this state relating t…
63 O.S. § 2-503 Property subject to forfeiture
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A. The following shall be subject to forfeiture: 1. All controlled dangerous substances and synthetic controlled substances which have been manufactured, distributed, dispensed, acquired, concealed or possessed in violation of the Uniform Controlled Dangerous Substances Act; 2. A…
63 O.S. § 2-503.1 Transactions involving proceeds derived from illegal
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drug activity prohibited - Penalties. A. It is unlawful for any person knowingly or intentionally to receive or acquire proceeds and to conceal such proceeds, or engage in transactions involving proceeds, known to be derived from any violation of the Uniform Controlled Dangerous …
63 O.S. § 2-503.1a Drug Money Laundering and Wire Transmitter Act -
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Short title. Sections 2-503.1a through 2-503.1i of this title and Sections 11 through 13 of this act shall be known and may be cited as the “Drug Money Laundering and Wire Transmitter Act”. Added by Laws 2008, c. 170, § 1, eff. July 1, 2008. Amended by Laws 2009, c. 442, § 9, eff…
63 O.S. § 2-503.1b Criminal financial check on money services business
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registrations. A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall conduct a criminal financial check on all registration applications submitted pursuant to the provisions of Section 1513 of Title 6 of the Oklahoma Statutes. The applicant for a money servi…
63 O.S. § 2-503.1c Financial transactions involving proceeds of unlawful
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acts. No person shall conduct or attempt to conduct a financial transaction knowing that the property involved in such a financial transaction represents the proceeds of some form of unlawful activity related to any violation of Sections 2-101 through 2-608 of Title 63 of the Okl…
63 O.S. § 2-503.1d Certain sales or transfers of money transmitter
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equipment prohibited - Allowing access to equipment - Penalty. A. No person shall sell, give, transfer, trade, supply, or provide any money transmitter equipment, as defined by the Oklahoma Financial Transaction Reporting Act, to any person not licensed by the Oklahoma State Bank…
63 O.S. § 2-503.1e Use of money services business for unlawful acts
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A. Any person who knowingly or intentionally uses a money services business, as defined by the Oklahoma Financial Transaction Reporting Act, or an electronic funds transfer network for any purpose in violation of Section 2-503.1 of this title or Sections 2- 503.1a through 2-503.1…
63 O.S. § 2-503.1f Evasion of certain money reporting requirements
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A. No person shall, for the purpose of evading the reporting requirements set forth in 31 U.S.C., Section 5311, 31 C.F.R., Part 103, Title 6 or Sections 2-101 through 2-608 of Title 63 of the Oklahoma Statutes, or other federal laws pertaining to money laundering: 1. Cause or att…
63 O.S. § 2-503.1g Structuring of monetary transactions
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A. It shall be unlawful for any person to structure, assist in structuring, attempt to structure, or attempt to assist in structuring any transaction with one or more financial or nonfinancial trades or businesses, to include any importation or exportation of monetary instruments…
63 O.S. § 2-503.1h Violation of act - Penalties - Definitions
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A. Unless otherwise provided, any person convicted of violating any of the provisions of this act is guilty of a felony and may be punished by imprisonment for not less than two (2) years nor more than ten (10) years or by a fine of not more than Fifty Thousand Dollars ($50,000.0…
63 O.S. § 2-503.1i Interception, seizure and forfeiture of funds or
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equipment. A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall have authority to intercept, seize and forfeit any funds or equipment in violation of any provision of the Drug Money Laundering and Wire Transmitter Act or in violation of Section 2- 503.1 of …
63 O.S. § 2-503.1j Money and wire transmission fee - Quarterly
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remittance - Notice of income tax credit - Enforcement. A. Any licensee of a money transmission, transmitter or wire transmitter business pursuant to the Oklahoma Financial Transaction Reporting Act and their delegates shall collect a fee of Five Dollars ($5.00) for each transact…
63 O.S. § 2-503.1k Prosecution - Venue
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A. A prosecution for an offense under the Drug Money Laundering and Wire Transmitter Act may be brought in: 1. Any county in which the financial or monetary transaction is conducted; or 2. Any county where a prosecution for the underlying specified unlawful activity could be brou…
63 O.S. § 2-503.1l Definitions
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As used in the Drug Money Laundering and Wire Transmitter Act: 1. “Conducts” includes initiating, concluding, or participating in initiating, or concluding a transaction; 2. “Financial institution” includes: a. any financial institution, as defined in Section 5312(a)(2) of Title …
63 O.S. § 2-503.2 Assessment for violation of acts - Drug Abuse
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Education and Treatment Revolving Fund. A. 1. Every person convicted of a violation of the Uniform Controlled Dangerous Substances Act or the Trafficking In Illegal Drugs Act shall be assessed for each offense a sum of not less than One Hundred Dollars ($100.00) nor more than Thr…
63 O.S. § 2-503A Drug manufacture vehicle
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Any law enforcement agency in this state that seizes a vehicle in which a controlled dangerous substance has been manufactured that is forfeited pursuant to Section 2-503 of Title 63 of the Oklahoma Statutes may request that Service Oklahoma brand the certificate of title with th…
63 O.S. § 2-504 Seizure of property
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Any peace officer of this state shall seize property subject to forfeiture under this act when: 1. The seizure is incident to arrest or search warrant; 2. The property has been the subject of a prior judgment in favor of the state in an injunction or forfeiture proceeding under t…
63 O.S. § 2-505 Summary forfeiture of certain substances
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A. All controlled substances in Schedule I of Section 2-204 of this title and all controlled substances in Schedules II, III, IV, and V that are not in properly labeled containers in accordance with this act that are possessed, transferred, sold, or offered for sale in violation …