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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 2043 By: Standridge
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to harm-reduction services; amending
7 63 O.S. 2021, Section 2-101, as last amended by
8 Section 8, Chapter 343, O.S.L. 2025 (63 O.S. Supp.
8 2025, Section 2-101), which relates to definitions
9 used in the Uniform Controlled Dangerous Substances
9 Act; removing certain definition; amending 63 O.S.
10 2021, Section 2-101.1, which relates to drug
10 paraphernalia; updating statutory language;
11 eliminating certain protection; repealing 63 O.S.
11 2021, Section 2-1101, which relates to harm-reduction
12 services; providing an effective date; and declaring
12 an emergency.
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as
16
17 last amended by Section 8, Chapter 343, O.S.L. 2025 (63 O.S. Supp.
17
18 2025, Section 2-101), is amended to read as follows:
18
19 Section 2-101. As used in the Uniform Controlled Dangerous
19
20 Substances Act:
20
21 1. "Acute pain" means pain, whether resulting from disease,
21
22 accidental trauma, intentional trauma, or other cause that the
22
23 practitioner reasonably expects to last only a short period of time.
23
24 Acute pain does not include chronic pain, pain being treated as part
24
Req. No. 2350 Page 1
1 of cancer care, hospice or other end-of-life care, or pain being
1
2 treated as part of palliative care;
2
3 2. "Administer" means the direct application of a controlled
3
4 dangerous substance, whether by injection, inhalation, ingestion or
4
5 any other means, to the body of a patient, animal or research
5
6 subject by:
6
7 a. a practitioner (or, in the presence of the
7
8 practitioner, by the authorized agent of the
8
9 practitioner), or
9
10 b. the patient or research subject at the direction and
10
11 in the presence of the practitioner;
11
12 3. "Agent" means a peace officer appointed by and who acts on
12
13 behalf of the Director of the Oklahoma State Bureau of Narcotics and
13
14 Dangerous Drugs Control or an authorized person who acts on behalf
14
15 of or at the direction of a person who manufactures, distributes,
15
16 dispenses, prescribes, administers or uses for scientific purposes
16
17 controlled dangerous substances but does not include a common or
17
18 contract carrier, public warehouser or employee thereof, or a person
18
19 required to register under the Uniform Controlled Dangerous
19
20 Substances Act;
20
21 4. "Anhydrous ammonia" means any substance that exhibits
21
22 cryogenic evaporative behavior and tests positive for ammonia;
22
23 5. "Board" means the Advisory Board to the Director of the
23
24 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
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Req. No. 2350 Page 2
1 6. "Bureau" means the Oklahoma State Bureau of Narcotics and
1
2 Dangerous Drugs Control;
2
3 7. "Chronic pain" means pain that persists beyond the usual
3
4 course of an acute disease or healing of an injury. Chronic pain
4
5 may or may not be associated with an acute or chronic pathologic
5
6 process that causes continuous or intermittent pain over months or
6
7 years;
7
8 8. "Coca leaves" includes cocaine and any compound,
8
9 manufacture, salt, derivative, mixture or preparation of coca
9
10 leaves, except derivatives of coca leaves which do not contain
10
11 cocaine or ecgonine;
11
12 9. "Commissioner" or "Director" means the Director of the
12
13 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
13
14 10. "Control" means to add, remove or change the placement of a
14
15 drug, substance or immediate precursor under the Uniform Controlled
15
16 Dangerous Substances Act;
16
17 11. "Controlled dangerous substance" means a drug, substance or
17
18 immediate precursor in Schedules I through V of the Uniform
18
19 Controlled Dangerous Substances Act or any drug, substance or
19
20 immediate precursor listed either temporarily or permanently as a
20
21 federally controlled substance. Any conflict between state and
21
22 federal law with regard to the particular schedule in which a
22
23 substance is listed shall be resolved in favor of state law;
23
24
24
Req. No. 2350 Page 3
1 12. "Counterfeit substance" means a controlled substance which,
1
2 or the container or labeling of which without authorization, bears
2
3 the trademark, trade name or other identifying marks, imprint,
3
4 number or device or any likeness thereof of a manufacturer,
4
5 distributor or dispenser other than the person who in fact
5
6 manufactured, distributed or dispensed the substance;
6
7 13. "Deliver" or "delivery" means the actual, constructive or
7
8 attempted transfer from one person to another of a controlled
8
9 dangerous substance or drug paraphernalia, whether or not there is
9
10 an agency relationship;
10
11 14. "Dispense" means to deliver a controlled dangerous
11
12 substance to an ultimate user or human research subject by or
12
13 pursuant to the lawful order of a practitioner, including the
13
14 prescribing, administering, packaging, labeling or compounding
14
15 necessary to prepare the substance for such distribution.
15
16 "Dispenser" is a practitioner who delivers a controlled dangerous
16
17 substance to an ultimate user or human research subject;
17
18 15. "Distribute" means to deliver other than by administering
18
19 or dispensing a controlled dangerous substance;
19
20 16. "Distributor" means a commercial entity engaged in the
20
21 distribution or reverse distribution of narcotics and dangerous
21
22 drugs and who complies with all regulations promulgated by the
22
23 federal Drug Enforcement Administration and the Oklahoma State
23
24 Bureau of Narcotics and Dangerous Drugs Control;
24
Req. No. 2350 Page 4
1 17. "Drug" means articles:
1
2 a. recognized in the official United States Pharmacopeia,
2
3 official Homeopathic Pharmacopoeia of the United
3
4 States, or official National Formulary, or any
4
5 supplement to any of them,
5
6 b. intended for use in the diagnosis, cure, mitigation,
6
7 treatment or prevention of disease in man or other
7
8 animals,
8
9 c. other than food, intended to affect the structure or
9
10 any function of the body of man or other animals, and
10
11 d. intended for use as a component of any article
11
12 specified in this paragraph;
12
13 provided, however, the term drug does not include devices or their
13
14 components, parts or accessories;
14
15 18. "Drug paraphernalia" means all equipment, products, and
15
16 materials of any kind which are used, intended for use, or fashioned
16
17 specifically for use in planting, propagating, cultivating, growing,
17
18 harvesting, manufacturing, compounding, converting, producing,
18
19 processing, preparing, testing, analyzing, packaging, repackaging,
19
20 storing, containing, concealing, injecting, ingesting, inhaling, or
20
21 otherwise introducing into the human body, a controlled dangerous
21
22 substance in violation of the Uniform Controlled Dangerous
22
23 Substances Act including, but not limited to:
23
24
24
Req. No. 2350 Page 5
1 a. kits used, intended for use, or fashioned specifically
1
2 for use in planting, propagating, cultivating,
2
3 growing, or harvesting of any species of plant which
3
4 is a controlled dangerous substance or from which a
4
5 controlled dangerous substance can be derived,
5
6 b. kits used, intended for use, or fashioned specifically
6
7 for use in manufacturing, compounding, converting,
7
8 producing, processing, or preparing controlled
8
9 dangerous substances,
9
10 c. isomerization devices used, intended for use, or
10
11 fashioned specifically for use in increasing the
11
12 potency of any species of plant which is a controlled
12
13 dangerous substance,
13
14 d. testing equipment used, intended for use, or fashioned
14
15 specifically for use in identifying or in analyzing
15
16 the strength, effectiveness, or purity of controlled
16
17 dangerous substances,
17
18 e. scales and balances used, intended for use, or
18
19 fashioned specifically for use in weighing or
19
20 measuring controlled dangerous substances,
20
21 f. diluents and adulterants, such as quinine
21
22 hydrochloride, mannitol, mannite, dextrose, and
22
23 lactose used, intended for use, or fashioned
23
24
24
Req. No. 2350 Page 6
1 specifically for use in cutting controlled dangerous
1
2 substances,
2
3 g. separation gins and sifters used, intended for use, or
3
4 fashioned specifically for use in removing twigs and
4
5 seeds from, or in otherwise cleaning or refining,
5
6 marijuana,
6
7 h. blenders, bowls, containers, spoons, and mixing
7
8 devices used, intended for use, or fashioned
8
9 specifically for use in compounding controlled
9
10 dangerous substances,
10
11 i. capsules, balloons, envelopes, and other containers
11
12 used, intended for use, or fashioned specifically for
12
13 use in packaging small quantities of controlled
13
14 dangerous substances,
14
15 j. containers and other objects used, intended for use,
15
16 or fashioned specifically for use in parenterally
16
17 injecting controlled dangerous substances into the
17
18 human body,
18
19 k. hypodermic syringes, needles, and other objects used,
19
20 intended for use, or fashioned specifically for use in
20
21 parenterally injecting controlled dangerous substances
21
22 into the human body, except as authorized by Section
22
23 2-1101 of this title,
23
24
24
Req. No. 2350 Page 7
1 l. objects used, intended for use, or fashioned
1
2 specifically for use in ingesting, inhaling, or
2
3 otherwise introducing marijuana, cocaine, hashish, or
3
4 hashish oil into the human body, such as:
4
5 (1) metal, wooden, acrylic, glass, stone, plastic, or
5
6 ceramic pipes with or without screens, permanent
6
7 screens, hashish heads, or punctured metal bowls,
7
8 (2) water pipes,
8
9 (3) carburetion tubes and devices,
9
10 (4) smoking and carburetion masks,
10
11 (5) roach clips, meaning objects used to hold burning
11
12 material, such as a marijuana cigarette, that has
12
13 become too small or too short to be held in the
13
14 hand,
14
15 (6) miniature cocaine spoons and cocaine vials,
15
16 (7) chamber pipes,
16
17 (8) carburetor pipes,
17
18 (9) electric pipes,
18
19 (10) air-driven pipes,
19
20 (11) chillums,
20
21 (12) bongs, or
21
22 (13) ice pipes or chillers,
22
23 m. all hidden or novelty pipes, and
23
24
24
Req. No. 2350 Page 8
1 n. any pipe that has a tobacco bowl or chamber of less
1
2 than one-half (1/2) inch in diameter in which there is
2
3 any detectable residue of any controlled dangerous
3
4 substance as defined in this section or any other
4
5 substances not legal for possession or use;
5
6 provided, however, the term drug paraphernalia shall not include
6
7 separation gins intended for use in preparing tea or spice, clamps
7
8 used for constructing electrical equipment, water pipes designed for
8
9 ornamentation in which no detectable amount of an illegal substance
9
10 is found or pipes designed and used solely for smoking tobacco,
10
11 traditional pipes of an American Indian tribal religious ceremony,
11
12 antique pipes that are thirty (30) years of age or older, or drug
12
13 testing strips possessed by a person for purposes of determining the
13
14 presence of fentanyl or a fentanyl-related compound;
14
15 19. "Drug-dependent person" means a person who is using a
15
16 controlled dangerous substance and who is in a state of psychic or
16
17 physical dependence, or both, arising from administration of that
17
18 controlled dangerous substance on a continuous basis. Drug
18
19 dependence is characterized by behavioral and other responses which
19
20 include a strong compulsion to take the substance on a continuous
20
21 basis in order to experience its psychic effects, or to avoid the
21
22 discomfort of its absence;
22
23 20. "Harm-reduction services" means programs established to:
23
24
24
Req. No. 2350 Page 9
1 a. reduce the spread of infectious diseases related to
1
2 injection drug use,
2
3 b. reduce drug dependency, overdose deaths, and
3
4 associated complications, and
4
5 c. increase safe recovery and disposal of used syringes
5
6 and sharp waste;
6
7 21. "Hazardous materials" means materials, whether solid,
7
8 liquid, or gas, which are toxic to human, animal, aquatic, or plant
8
9 life, and the disposal of such materials is controlled by state or
9
10 federal guidelines;
10
11 22. 21. "Home care agency" means any sole proprietorship,
11
12 partnership, association, corporation, or other organization which
12
13 administers, offers, or provides home care services, for a fee or
13
14 pursuant to a contract for such services, to clients in their place
14
15 of residence;
15
16 23. 22. "Home care services" means skilled or personal care
16
17 services provided to clients in their place of residence for a fee;
17
18 24. 23. "Hospice" means a centrally administered, nonprofit or
18
19 for-profit, medically directed, nurse-coordinated program which
19
20 provides a continuum of home and inpatient care for the terminally
20
21 ill patient and the patient's family. Such term shall also include
21
22 a centrally administered, nonprofit or for-profit, medically
22
23 directed, nurse-coordinated program if such program is licensed
23
24 pursuant to the provisions of the Uniform Controlled Dangerous
24
Req. No. 2350 Page 10
1 Substances Act. A hospice program offers palliative and supportive
1
2 care to meet the special needs arising out of the physical,
2
3 emotional and spiritual stresses which are experienced during the
3
4 final stages of illness and during dying and bereavement. This care
4
5 is available twenty-four (24) hours a day, seven (7) days a week,
5
6 and is provided on the basis of need, regardless of ability to pay.
6
7 "Class A" Hospice refers to Medicare-certified hospices. "Class B"
7
8 refers to all other providers of hospice services;
8
9 25. 24. "Imitation controlled substance" means a substance that
9
10 is not a controlled dangerous substance, which by dosage unit
10
11 appearance, color, shape, size, markings or by representations made,
11
12 would lead a reasonable person to believe that the substance is a
12
13 controlled dangerous substance, or is a drug intended solely for
13
14 veterinary purposes that is not a controlled dangerous substance and
14
15 is being used outside of the scope of practice or normal course of
15
16 business, as defined by the State Board of Veterinary Medical
16
17 Examiners, or is a federal Food and Drug Administration-approved
17
18 drug that is not a controlled dangerous substance and is being used
18
19 outside the scope of approval for illicit purposes such as
19
20 adulterating or lacing other controlled dangerous substances. In
20
21 the event the appearance of the dosage unit or use is not reasonably
21
22 sufficient to establish that the substance is an imitation
22
23 controlled substance, the court or authority concerned should
23
24 consider, in addition to all other factors, the following factors:
24
Req. No. 2350 Page 11
1 a. statements made by an owner or by any other person in
1
2 control of the substance concerning the nature of the
2
3 substance, or its use or effect,
3
4 b. statements made to the recipient that the substance
4
5 may be resold for inordinate profit,
5
6 c. whether the substance is packaged in a manner normally
6
7 used for illicit controlled substances,
7
8 d. evasive tactics or actions utilized by the owner or
8
9 person in control of the substance to avoid detection
9
10 by law enforcement authorities,
10
11 e. prior convictions, if any, of an owner, or any other
11
12 person in control of the object, under state or
12
13 federal law related to controlled substances or fraud,
13
14 and
14
15 f. the proximity of the substances to controlled
15
16 dangerous substances;
16
17 26. 25. "Immediate precursor" means a substance which the
17
18 Director has found to be and by regulation designates as being the
18
19 principal compound commonly used or produced primarily for use, and
19
20 which is an immediate chemical intermediary used, or likely to be
20
21 used, in the manufacture of a controlled dangerous substance, the
21
22 control of which is necessary to prevent, curtail or limit such
22
23 manufacture;
23
24
24
Req. No. 2350 Page 12
1 27. 26. "Initial prescription" means a prescription issued to a
1
2 patient who:
2
3 a. has never previously been issued a prescription for
3
4 the drug or its pharmaceutical equivalent in the past
4
5 year, or
5
6 b. requires a prescription for the drug or its
6
7 pharmaceutical equivalent due to a surgical procedure
7
8 or new acute event and has previously had a
8
9 prescription for the drug or its pharmaceutical
9
10 equivalent within the past year.
10
11 When determining whether a patient was previously issued a
11
12 prescription for a drug or its pharmaceutical equivalent, the
12
13 practitioner shall consult with the patient and review the medical
13
14 record and prescription monitoring information of the patient;
14
15 28. 27. "Isomer" means the optical isomer, except as used in
15
16 subsections C and F of Section 2-204 of this title and paragraph 4
16
17 of subsection A of Section 2-206 of this title. As used in
17
18 subsections C and F of Section 2-204 of this title, isomer means the
18
19 optical, positional, or geometric isomer. As used in paragraph 4 of
19
20 subsection A of Section 2-206 of this title, the term isomer means
20
21 the optical or geometric isomer;
21
22 29. 28. "Laboratory" means a laboratory approved by the
22
23 Director as proper to be entrusted with the custody of controlled
23
24
24
Req. No. 2350 Page 13
1 dangerous substances and the use of controlled dangerous substances
1
2 for scientific and medical purposes and for purposes of instruction;
2
3 30. 29. "Manufacture" means the production, preparation,
3
4 propagation, compounding or processing of a controlled dangerous
4
5 substance, either directly or indirectly by extraction from
5
6 substances of natural or synthetic origin, or independently by means
6
7 of chemical synthesis or by a combination of extraction and chemical
7
8 synthesis. "Manufacturer" includes any person who packages,
8
9 repackages or labels any container of any controlled dangerous
9
10 substance, except practitioners who dispense or compound
10
11 prescription orders for delivery to the ultimate consumer;
11
12 31. 30. "Marijuana" means all parts of the plant Cannabis
12
13 sativa L., whether growing or not; the seeds thereof; the resin
13
14 extracted from any part of such plant; and every compound,
14
15 manufacture, salt, derivative, mixture or preparation of such plant,
15
16 its seeds or resin, but shall not include:
16
17 a. the mature stalks of such plant or fiber produced from
17
18 such stalks,
18
19 b. oil or cake made from the seeds of such plant,
19
20 including cannabidiol derived from the seeds of the
20
21 marijuana plant,
21
22 c. any other compound, manufacture, salt, derivative,
22
23 mixture or preparation of such mature stalks (except
23
24
24
Req. No. 2350 Page 14
1 the resin extracted therefrom), including cannabidiol
1
2 derived from mature stalks, fiber, oil or cake,
2
3 d. the sterilized seed of such plant which is incapable
3
4 of germination,
4
5 e. for any person participating in a clinical trial to
5
6 administer cannabidiol for the treatment of severe
6
7 forms of epilepsy pursuant to Section 2-802 of this
7
8 title, a drug or substance approved by the federal
8
9 Food and Drug Administration for use by those
9
10 participants,
10
11 f. for any person or the parents, legal guardians or
11
12 caretakers of the person who have received a written
12
13 certification from a physician licensed in this state
13
14 that the person has been diagnosed by a physician as
14
15 having Lennox-Gastaut syndrome, Dravet syndrome, also
15
16 known as severe myoclonic epilepsy of infancy, or any
16
17 other severe form of epilepsy that is not adequately
17
18 treated by traditional medical therapies, spasticity
18
19 due to multiple sclerosis or due to paraplegia,
19
20 intractable nausea and vomiting, appetite stimulation
20
21 with chronic wasting diseases, the substance
21
22 cannabidiol, a nonpsychoactive cannabinoid, found in
22
23 the plant Cannabis sativa L. or any other preparation
23
24 thereof, that has a tetrahydrocannabinol concentration
24
Req. No. 2350 Page 15
1 not more than three-tenths of one percent (0.3%) and
1
2 that is delivered to the patient in the form of a
2
3 liquid,
3
4 g. any federal Food and Drug Administration-approved drug
4
5 or substance, or
5
6 h. industrial hemp, from the plant Cannabis sativa L. and
6
7 any part of such plant, whether growing or not, with a
7
8 delta-9 tetrahydrocannabinol concentration not more
8
9 than three-tenths of one percent (0.3%) on a dry-
9
10 weight basis which shall only be grown pursuant to the
10
11 Oklahoma Industrial Hemp Program and may be shipped
11
12 intrastate and interstate;
12
13 32. 31. "Medical purpose" means an intention to utilize a
13
14 controlled dangerous substance for physical or mental treatment, for
14
15 diagnosis, or for the prevention of a disease condition not in
15
16 violation of any state or federal law and not for the purpose of
16
17 satisfying physiological or psychological dependence or other abuse;
17
18 33. 32. "Mid-level practitioner" means an Advanced Practice
18
19 Registered Nurse as defined and within parameters specified in
19
20 Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
20
21 animal euthanasia technician as defined in Section 698.2 of Title 59
21
22 of the Oklahoma Statutes, or an animal control officer registered by
22
23 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
23
24 under subsection B of Section 2-301 of this title within the
24
Req. No. 2350 Page 16
1 parameters of such officer's duties under Sections 501 through 508
1
2 of Title 4 of the Oklahoma Statutes;
2
3 34. 33. "Narcotic drug" means any of the following, whether
3
4 produced directly or indirectly by extraction from substances of
4
5 vegetable origin, or independently by means of chemical synthesis,
5
6 or by a combination of extraction and chemical synthesis:
6
7 a. opium, coca leaves and opiates,
7
8 b. a compound, manufacture, salt, derivative or
8
9 preparation of opium, coca leaves or opiates,
9
10 c. cocaine, its salts, optical and geometric isomers, and
10
11 salts of isomers,
11
12 d. ecgonine, its derivatives, their salts, isomers and
12
13 salts of isomers, and
13
14 e. a substance, and any compound, manufacture, salt,
14
15 derivative or preparation thereof, which is chemically
15
16 identical with any of the substances referred to in
16
17 subparagraphs a through d of this paragraph, except
17
18 that the words narcotic drug as used in Section 2-101
18
19 et seq. of this title shall not include decocainized
19
20 coca leaves or extracts of coca leaves, which extracts
20
21 do not contain cocaine or ecgonine;
21
22 35. 34. "Opiate" or "opioid" means any Schedule II, III, IV or
22
23 V substance having an addiction-forming or addiction-sustaining
23
24 liability similar to morphine or being capable of conversion into a
24
Req. No. 2350 Page 17
1 drug having such addiction-forming or addiction-sustaining
1
2 liability. The terms do not include, unless specifically designated
2
3 as controlled under the Uniform Controlled Dangerous Substances Act,
3
4 the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
4
5 salts (dextromethorphan). The terms do include the racemic and
5
6 levorotatory forms;
6
7 36. 35. "Opium poppy" means the plant of the species Papaver
7
8 somniferum L., except the seeds thereof;
8
9 37. 36. "Palliative care" means a specialized medical service
9
10 for people of any age and at any stage of a serious illness or life-
10
11 altering medical event that focuses on navigating complex medical
11
12 decisions while providing patient autonomy and access to
12
13 information. Utilizing a holistic and interdisciplinary team
13
14 approach, palliative care addresses physical, intellectual,
14
15 emotional, social, and spiritual needs. Palliative care may be
15
16 provided in the inpatient, outpatient, or home care setting and
16
17 strives to improve quality of life for both the patient and the
17
18 family;
18
19 38. 37. "Patient-provider agreement" means a written contract
19
20 or agreement that is executed between a practitioner and a patient
20
21 prior to the commencement of treatment for chronic pain using an
21
22 opioid drug as a means to:
22
23
23
24
24
Req. No. 2350 Page 18
1 a. explain the possible risk of development of physical
1
2 or psychological dependence in the patient and prevent
2
3 the possible development of addiction,
3
4 b. document the understanding of both the practitioner
4
5 and the patient regarding the patient-provider
5
6 agreement of the patient,
6
7 c. establish the rights of the patient in association
7
8 with treatment and the obligations of the patient in
8
9 relation to the responsible use, discontinuation of
9
10 use, and storage of opioid drugs, including any
10
11 restrictions on the refill of prescriptions or the
11
12 acceptance of opioid prescriptions from practitioners,
12
13 d. identify the specific medications and other modes of
13
14 treatment, including physical therapy or exercise,
14
15 relaxation, or psychological counseling, that are
15
16 included as a part of the patient-provider agreement,
16
17 e. specify the measures the practitioner may employ to
17
18 monitor the compliance of the patient including, but
18
19 not limited to, random specimen screens and pill
19
20 counts, and
20
21 f. delineate the process for terminating the agreement,
21
22 including the consequences if the practitioner has
22
23 reason to believe that the patient is not complying
23
24 with the terms of the agreement. Compliance with the
24
Req. No. 2350 Page 19
1 consent items described in this paragraph shall
1
2 constitute a valid, informed consent for opioid
2
3 therapy. The practitioner shall be held harmless from
3
4 civil litigation for failure to treat pain if the
4
5 event occurs because of nonadherence by the patient
5
6 with any of the provisions of the patient-provider
6
7 agreement;
7
8 39. 38. "Peace officer" means a police officer, sheriff, deputy
8
9 sheriff, district attorney's investigator, investigator from the
9
10 Office of the Attorney General, or any other person elected or
10
11 appointed by law to enforce any of the criminal laws of this state
11
12 or of the United States;
12
13 40. 39. "Person" means an individual, corporation, government
13
14 or governmental subdivision or agency, business trust, estate,
14
15 trust, partnership or association, or any other legal entity;
15
16 41. 40. "Poppy straw" means all parts, except the seeds, of the
16
17 opium poppy, after mowing;
17
18 42. 41. "Practitioner" means:
18
19 a. (1) a medical doctor or osteopathic physician,
19
20 (2) a dentist,
20
21 (3) a podiatrist,
21
22 (4) an optometrist,
22
23 (5) a veterinarian,
23
24
24
Req. No. 2350 Page 20
1 (6) an Advanced Practice Registered Nurse under the
1
2 supervision of a licensed medical doctor or
2
3 osteopathic physician, or a physician assistant,
3
4 (7) a scientific investigator, or
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5 (8) any other person,
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6 licensed, registered or otherwise permitted to
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7 prescribe, distribute, dispense, conduct research with
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8 respect to, use for scientific purposes or administer
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9 a controlled dangerous substance in the course of
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10 professional practice or research in this state, or
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11 b. a pharmacy, hospital, laboratory or other institution
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12 licensed, registered or otherwise permitted to
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13 distribute, dispense, conduct research with respect
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14 to, use for scientific purposes or administer a
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15 controlled dangerous substance in the course of
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16 professional practice or research in this state;
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17 43. 42. "Production" includes the manufacture, planting,
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18 cultivation, growing or harvesting of a controlled dangerous
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19 substance;
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20 44. 43. "Serious illness" means a medical illness or physical
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21 injury or condition that substantially affects quality of life for
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22 more than a short period of time. Serious illness includes, but is
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23 not limited to, Alzheimer's disease or related dementias, lung
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24
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Req. No. 2350 Page 21
1 disease, cancer, heart failure, renal failure, liver failure, or
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2 chronic, unremitting, or intractable pain such as neuropathic pain;
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3 45. 44. "State" means the State of Oklahoma or any other state
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4 of the United States;
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5 46. 45. "Straw person" or "straw party", also known as a
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6 "front", means a third party who:
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7 a. is put up in name only to take part in a transaction
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8 or otherwise is a nominal party to a transaction with
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9 no actual control,
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10 b. acts on behalf of another person to obtain title to
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11 property and executes documents and instruments the
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12 principal may direct respecting property, or
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13 c. purchases property for another for the purpose of
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14 concealing the identity of the real purchaser or to
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15 accomplish some purpose otherwise in violation of the
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16 Oklahoma Statutes;
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17 47. 46. "Surgical procedure" means a procedure that is
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18 performed for the purpose of structurally altering the human body by
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19 incision or destruction of tissues as part of the practice of
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20 medicine. This term includes the diagnostic or therapeutic
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21 treatment of conditions or disease processes by use of instruments
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22 such as lasers, ultrasound, ionizing, radiation, scalpels, probes,
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23 or needles that cause localized alteration or transportation of live
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24 human tissue by cutting, burning, vaporizing, freezing, suturing,
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Req. No. 2350 Page 22
1 probing, or manipulating by closed reduction for major dislocations
1
2 or fractures, or otherwise altering by any mechanical, thermal,
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3 light-based, electromagnetic, or chemical means;
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4 48. 47. a. "Synthetic controlled substance" means a
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5 substance:
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6 (1) the chemical structure of which is substantially
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7 similar to the chemical structure of a controlled
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8 dangerous substance in Schedule I or II,
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9 (2) which has a stimulant, depressant, or
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10 hallucinogenic effect on the central nervous
10
11 system that is substantially similar to or
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12 greater than the stimulant, depressant, or
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13 hallucinogenic effect on the central nervous
13
14 system of a controlled dangerous substance in
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15 Schedule I or II, or
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16 (3) with respect to a particular person, which such
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17 person represents or intends to have a stimulant,
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18 depressant, or hallucinogenic effect on the
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19 central nervous system that is substantially
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20 similar to or greater than the stimulant,
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21 depressant, or hallucinogenic effect on the
21
22 central nervous system of a controlled dangerous
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23 substance in Schedule I or II.
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24
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Req. No. 2350 Page 23
1 b. The designation of gamma-butyrolactone or any other
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2 chemical as a precursor, pursuant to Section 2-322 of
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3 this title, does not preclude a finding pursuant to
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4 subparagraph a of this paragraph that the chemical is
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5 a synthetic controlled substance.
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6 c. Synthetic controlled substance does not include:
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7 (1) a controlled dangerous substance,
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8 (2) any substance for which there is an approved new
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9 drug application,
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10 (3) with respect to a particular person any
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11 substance, if an exemption is in effect for
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12 investigational use, for that person under the
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13 provisions of Section 505 of the Federal Food,
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14 Drug, and Cosmetic Act, 21 U.S.C., Section 355,
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15 to the extent conduct with respect to such
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16 substance is pursuant to such exemption, or
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17 (4) any substance to the extent not intended for
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18 human consumption before such an exemption takes
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19 effect with respect to that substance.
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20 d. Prima facie evidence that a substance containing
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21 salvia divinorum has been enhanced, concentrated, or
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22 chemically or physically altered shall give rise to a
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23 rebuttable presumption that the substance is a
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24 synthetic controlled substance;
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Req. No. 2350 Page 24
1 49. 48. "Tetrahydrocannabinols" means all substances that have
1
2 been chemically synthesized to emulate the tetrahydrocannabinols of
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3 marijuana, specifically including any tetrahydrocannabinols derived
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4 from industrial hemp; and
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5 50. 49. "Ultimate user" means a person who lawfully possesses a
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6 controlled dangerous substance for the person's own use or for the
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7 use of a member of the person's household or for administration to
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8 an animal owned by the person or by a member of the person's
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9 household.
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10 SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-101.1, is
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11 amended to read as follows:
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12 Section 2-101.1. In determining whether an object is "drug
12
13 paraphernalia" drug paraphernalia, a court or jury shall consider,
13
14 in addition to all other logically relevant factors, the following:
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15 1. Statements by an owner or by anyone in control of the object
15
16 concerning its use;
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17 2. The proximity of the object, in time and space, to a direct
17
18 violation of the Uniform Controlled Dangerous Substances Act;
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19 3. The proximity of the object to controlled dangerous
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20 substances;
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21 4. The existence of any residue of controlled dangerous
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22 substances on the object;
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23 5. Direct or circumstantial evidence of the intent of an owner,
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24 or of anyone in control of the object, to deliver it to any person
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Req. No. 2350 Page 25
1 who intends to use the object to facilitate a violation of the
1
2 Uniform Controlled Dangerous Substances Act. The innocence of an
2
3 owner, or of anyone in control of the object, as to a direct
3
4 violation of this act the Uniform Controlled Dangerous Substances
4
5 Act shall not prevent a finding that the object is intended for use,
5
6 or fashioned specifically for use, as drug paraphernalia;
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7 6. Instructions, oral or written, provided with the object
7
8 which either state directly or imply that the object is to be used
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9 for the consumption of controlled dangerous substances;
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10 7. Descriptive materials accompanying the object which explain
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11 or depict its use as an object for the consumption of controlled
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12 dangerous substances;
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13 8. The manner in which the object is displayed for sale;
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14 9. Whether the owner, or anyone in control of the object, is a
14
15 legitimate supplier of like or related items to the community, such
15
16 as a licensed distributor or dealer of tobacco products;
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17 10. Direct or circumstantial evidence of the ratio of sales of
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18 the object or objects to the total sales of the business enterprise;
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19 11. The existence and scope of legitimate uses for the object
19
20 in the community; and
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21 12. Expert testimony concerning its use.
21
22 Provided, nothing in this section shall apply to objects in the
22
23 possession of harm-reduction services providers as authorized by
23
24 Section 3 of this act.
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Req. No. 2350 Page 26
1 SECTION 3. REPEALER 63 O.S. 2021, Section 2-1101, is
1
2 hereby repealed.
2
3 SECTION 4. This act shall become effective July 1, 2026.
3
4 SECTION 5. It being immediately necessary for the preservation
4
5 of the public peace, health or safety, an emergency is hereby
5
6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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8
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9 60-2-2350 DC 1/15/2026 11:07:17 AM
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Req. No. 2350 Page 27Every fact on this page links to its source, starting with the official bill record.