Oklahoma HB 1625: Public health and safety; Oklahoma Public Health and Safety Expansion Act of 2021; effective date.
Status: Referred to Public Health (as of 2021-02-22)
State: Oklahoma · Session: 2021 · Bill: HB 1625
Sponsors: Mize
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: Req. No. 7547 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7547 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7547 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 7547 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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
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