Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2041 By: Standridge
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6 AS INTRODUCED
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7 An Act relating to the Uniform Controlled Dangerous
7 Substances Act; amending 63 O.S. 2021, Section 2-402,
8 as amended by Section 1, Chapter 266, O.S.L. 2023 (63
8 O.S. Supp. 2025, Section 2-402), which relates to the
9 Uniform Controlled Dangerous Substances Act;
9 increasing certain fee; updating statutory language;
10 and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-402, as
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15 amended by Section 1, Chapter 266, O.S.L. 2023 (63 O.S. Supp. 2025,
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16 Section 2-402), is amended to read as follows:
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17 Section 2-402. A. 1. It shall be unlawful for any person
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18 knowingly or intentionally to possess a controlled dangerous
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19 substance unless such substance was obtained directly, or pursuant
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20 to a valid prescription or order from a practitioner, while acting
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21 in the course of his or her professional practice, or except as
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22 otherwise authorized by Section 2-101 et seq. of this title.
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23 2. It shall be unlawful for any person to purchase any
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24 preparation excepted from the provisions of the Uniform Controlled
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1 Dangerous Substances Act pursuant to Section 2-313 of this title in
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2 an amount or within a time interval other than that permitted by
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3 Section 2-313 of this title.
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4 3. It shall be unlawful for any person or business to sell,
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5 market, advertise, or label any product containing ephedrine, its
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6 salts, optical isomers, or salts of optical isomers, for the
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7 indication of stimulation, mental alertness, weight loss, appetite
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8 control, muscle development, energy, or other indication which is
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9 not approved by the pertinent federal OTC Final Monograph, Tentative
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10 Final Monograph, or FDA-approved new drug application or its legal
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11 equivalent. In determining compliance with this requirement, the
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12 following factors shall be considered:
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13 a. the packaging of the product,
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14 b. the name of the product, and
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15 c. the distribution and promotion of the product,
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16 including verbal representations made at the point of
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17 sale.
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18 B. 1. Any person who violates this section is guilty of a
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19 misdemeanor punishable by confinement imprisonment in a county jail
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20 for not more than one (1) year and by a fine not exceeding One
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21 Thousand Dollars ($1,000.00).
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22 2. Any person who violates this section a second time within
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23 ten (10) years, upon conviction, shall be guilty of a misdemeanor.
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24 The court may, with the consent of the defendant, order the
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1 defendant to complete a substance abuse assessment and evaluation
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2 and to complete a diversion program for up to one (1) year following
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3 the date of conviction in lieu of other punishments. At the
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4 discretion of the court, the diversion program may include drug
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5 testing as a requirement. If the defendant refuses or fails to
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6 complete the assessment and evaluation or diversion program, the
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7 court may impose punishment as provided for in paragraph 1 of this
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8 subsection. The provisions of this paragraph shall not apply to
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9 violations related to the possession of marijuana.
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10 3. Any person who violates this section a third time within ten
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11 (10) years shall, upon conviction, be guilty of a misdemeanor
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12 punishable by a fine not exceeding One Thousand Dollars ($1,000.00),
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13 imprisonment in the county jail for a minimum of thirty (30) days,
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14 or by both such fine and imprisonment. The court may, with the
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15 consent of the defendant, order the defendant to complete a
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16 substance abuse assessment and evaluation and to complete a
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17 diversion program for up to three (3) years following the date of
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18 conviction. At the discretion of the court, the diversion program
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19 may include drug testing as a requirement. If the defendant refuses
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20 or fails to complete the assessment and evaluation or diversion
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21 program, the court may impose punishment as provided for in
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22 paragraph 1 of this subsection. The provisions of this paragraph
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23 shall not apply to violations related to the possession of
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24 marijuana.
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1 4. a. Any person who violates this section a fourth time
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2 within ten (10) years shall, upon conviction, be
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3 guilty of a felony punishable by a fine not exceeding
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4 Five Thousand Dollars ($5,000.00), imprisonment in the
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5 custody of the Department of Corrections for not less
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6 than one (1) year nor more than five (5) years, or by
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7 both such fine and imprisonment.
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8 b. Upon a verdict or plea of guilty or upon a plea of
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9 nolo contendere, but before a judgment of guilt of a
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10 violation of this paragraph, the court may, without
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11 entering a judgment of guilt and with the consent of
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12 the defendant, defer further proceedings upon the
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13 specific conditions prescribed by the court not to
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14 exceed a three-year period. The court may, with the
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15 consent of the defendant, order the defendant to
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16 complete a substance abuse assessment and evaluation
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17 and to complete a diversion program for up to three
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18 (3) years.
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19 c. Upon successful completion of the court-ordered
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20 substance abuse assessment and evaluation and
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21 diversion program within the time prescribed, the
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22 felony charge shall be changed to a misdemeanor. If
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23 the defendant refuses or fails to complete the
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24 assessment and evaluation or diversion program, the
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1 court may impose punishment as provided for in
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2 subparagraph a of this paragraph.
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3 d. The provisions of this paragraph shall not apply to
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4 violations related to the possession of marijuana.
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5 C. Any person convicted of any offense described in this
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6 section shall, in addition to any fine imposed, pay a special
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7 assessment trauma-care fee of One Hundred Dollars ($100.00) Two
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8 Hundred Dollars ($200.00) to be deposited into the Trauma Care
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9 Assistance Revolving Fund created in Section 1-2530.9 of this title.
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10 SECTION 2. This act shall become effective November 1, 2026.
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12 60-2-2273 CN 1/15/2026 11:04:07 AM
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Req. No. 2273 Page 5Every fact on this page links to its source, starting with the official bill record.