Oklahoma HB 1625: Public health and safety; Oklahoma Public Health and Safety Expansion Act of 2021; effective date.

Bill Text

HB1625 FULLPCS1 Garry Mize-GRS
2/18/2021 3:58:52 pm
AMEND TITLE TO CONFORM TO AMENDMENTS

Amendment submitted by: Garry Mize
Adopted: _____________________________

______________________________________
Reading Clerk

COMMITTEE AMENDMENT
HOUSE OF REPRESENTATIVES
State of Oklahoma

SPEAKER:

CHAIR:

I move to amend HB1625
Of the printed Bill
Page Section Lines
Of the Engrossed Bill

By striking the Title, the Enacting Clause, the entire bill, and by
inserting in lieu thereof the following language:

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STATE OF OKLAHOMA

1st Session of the 58th Legislature (2021)

PROPOSED COMMITTEE
SUBSTITUTE
FOR
HOUSE BILL NO. 1625 By: Mize

PROPOSED COMMITTEE SUBSTITUTE

An Act relating to controlled dangerous substances;
amending 63 O.S. 2011, Section 2-401, as last amended
by Section 1, Chapter 130, O.S.L. 2018 (63 O.S. Supp.
2020, Section 2-401), which relates to the Uniform
Controlled Dangerous Substances Act; modifying scope
of certain prohibited acts; making certain acts
unlawful; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 2-401, as
last amended by Section 1, Chapter 130, O.S.L. 2018 (63 O.S. Supp.
2020, Section 2-401), is amended to read as follows:
Section 2-401. A. Except as authorized by the Uniform
Controlled Dangerous Substances Act, it shall be unlawful for any
person:
1. To distribute, dispense, transport with intent to distribute
or dispense, or possess with intent to manufacture, distribute, or
dispense, a controlled dangerous substance or to solicit the use of

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or use the services of a person less than eighteen (18) years of age
to cultivate, distribute or dispense a controlled dangerous
substance;
2. To create, or distribute, transport with intent to
distribute or dispense, or possess with intent to distribute, a
counterfeit controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined
by Section 2-101 of this title, except when authorized by the Food
and Drug Administration of the United States Department of Health
and Human Services; or
4. To transport with intent to distribute or dispense, or
possess with intent to distribute or dispense, a controlled
dangerous substance or counterfeit controlled dangerous substance.
To prove intent to the offenses listed in this paragraph, the
evidence must include a quantity of a controlled dangerous substance
inconsistent with personal use and evidence of intent to distribute
which must be sufficient to rule out any reasonable hypothesis other
than intent to distribute. The following circumstances shall be
present at the time of transport or possession:
a. unlawful possession of a controlled dangerous
substance or counterfeit controlled dangerous
substance inconsistent with personal use in a quantity
of one-fourth (1/4) or more of the quantity listed in
subsection C of Section 2-415 of this title, and

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b. at least three of the following factors:
i. the person possesses a wire or
electronic communication or notes
indicating a drug sale by the person,
ii. the controlled dangerous substance or
counterfeit controlled dangerous
substance is separated and packaged in
a manner to facilitate delivery,
iii. the person is unlawfully in immediate
possession or physical control of a
firearm at the time of unlawful
possession of the controlled dangerous
substance or counterfeit controlled
dangerous substance,
iv. the person in unlawfully in immediate
possession at least two (2) other
controlled dangerous substances or
counterfeit controlled dangerous
substances in an amount inconsistent
with personal use, or
v. the person possesses cash in excess of
Five Hundred Dollars ($500.00) dollars.
B. Any person who violates the provisions of this section with
respect to:

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1. A substance classified in Schedule I or II, except for
marijuana, upon conviction, shall be guilty of transporting or
possessing with an intent to distribute or dispense a controlled
dangerous substance, a felony, and shall be sentenced to a term of
imprisonment in the custody of the Department of Corrections for not
more than seven (7) years and a fine of not more than One Hundred
Thousand Dollars ($100,000.00), which shall be in addition to other
punishment provided by law and shall not be imposed in lieu of other
punishment. A second conviction for the violation of provisions of
this paragraph is a felony punishable by a term of imprisonment in
the custody of the Department of Corrections for not more than
fourteen (14) years. A third or subsequent conviction for the
violation of the provisions of this paragraph is a felony punishable
by a term of imprisonment in