Oklahoma Statutes

Okla. Stat. tit. 63, § 2-402 (2026)

Prohibited acts B - Penalties

✓ current as of July 2026

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A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his or her professional practice, or except as otherwise authorized by Section 2-101 et seq. of this title. 2. It shall be unlawful for any person to purchase any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act pursuant to Section 2-313 of this title in an amount or within a time interval other than that permitted by Section 2-313 of this title. 3. It shall be unlawful for any person or business to sell, market, advertise or label any product containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of stimulation, mental alertness, weight loss, appetite control, muscle development, energy or other indication which is not approved by the pertinent federal OTC Final Monograph, Tentative Final Monograph, or FDA-approved new drug application or its legal equivalent. In determining compliance with this requirement, the following factors shall be considered: a. the packaging of the product, b. the name of the product, and c. the distribution and promotion of the product, including verbal representations made at the point of sale. B. 1. Any person who violates this section is guilty of a misdemeanor punishable by confinement for not more than one (1) year and by a fine not exceeding One Thousand Dollars ($1,000.00). 2. Any person who violates this section a second time within ten (10) years, upon conviction, shall be guilty of a misdemeanor. The court may, with the consent of the defendant, order the defendant to complete a substance abuse assessment and evaluation and to complete a diversion program for up to one (1) year following the date of conviction in lieu of other punishments. At the discretion of the court, the diversion program may include drug testing as a requirement. If the defendant refuses or fails to complete the assessment and evaluation or diversion program, the

court may impose punishment as provided for in paragraph 1 of this subsection. The provisions of this paragraph shall not apply to violations related to the possession of marijuana. 3. Any person who violates this section a third time within ten (10) years shall, upon conviction, be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), imprisonment in the county jail for a minimum of thirty (30) days, or by both such fine and imprisonment. The court may, with the consent of the defendant, order the defendant to complete a substance abuse assessment and evaluation and to complete a diversion program for up to three (3) years following the date of conviction. At the discretion of the court, the diversion program may include drug testing as a requirement. If the defendant refuses or fails to complete the assessment and evaluation or diversion program, the court may impose punishment as provided for in paragraph 1 of this subsection. The provisions of this paragraph shall not apply to violations related to the possession of marijuana. 4. a. Any person who violates this section a fourth time within ten (10) years shall, upon conviction, be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment. b. Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt of a violation of this paragraph, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the specific conditions prescribed by the court not to exceed a three-year period. The court may, with the consent of the defendant, order the defendant to complete a substance abuse assessment and evaluation and to complete a diversion program for up to three (3) years. c. Upon successful completion of the court-ordered substance abuse assessment and evaluation and diversion program within the time prescribed, the felony charge shall be changed to a misdemeanor. If the defendant refuses or fails to complete the assessment and evaluation or diversion program, the court may impose punishment as provided for in subparagraph a of this paragraph. d. The provisions of this paragraph shall not apply to violations related to the possession of marijuana.

C. Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of this title. Added by Laws 1971, c. 119, § 2-402, operative Sept. 1, 1971. Amended by Laws 1972, c. 229, § 5, emerg. eff. April 7, 1972; Laws 1981, c. 34, § 1, eff. Oct. 1, 1981; Laws 1984, c. 127, § 6, eff. Nov. 1, 1984; Laws 1987, c. 138, § 7, emerg. eff. June 19, 1987; Laws 1992, c. 86, § 2, eff. Sept. 1, 1992; Laws 1993, c. 311, § 1, emerg. eff. June 7, 1993; Laws 1995, c. 147, § 3, eff. Nov. 1, 1995; Laws 1997, c. 133, § 530, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 382, eff. July 1, 1999; Laws 2004, c. 396, § 3, eff. Sept. 1, 2004; Laws 2009, c. 306, § 1, eff. Nov. 1, 2009; Laws 2012, c. 228, § 10, eff. Nov. 1, 2012; State Question No. 780, Initiative Petition No. 404, § 3, adopted at General Election held on November 8, 2016, eff. July 1, 2017; Laws 2023, c. 266, § 1, eff. Nov. 1, 2023. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 530 from July 1, 1998, to July 1, 1999. NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws 2004, c. 396, § 12 from Nov. 1, 2004, to Sept. 1, 2004.

Notes of Decisions

Cited in 128 cases (13 in the last 5 years), 1972–2026 · leading case: Bivens v. State, 2018 OK CR 33 (Okla. Crim. App. 2018).

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Bivens v. State, 2018 OK CR 33 (Okla. Crim. App. 2018). · cites it 3× “2014, § 2-415 ); Possession of a Controlled Dangerous Substance (Count II) ( 63 O.S.Supp.2012, § 2-402 ); Unlawful Possession of Drug Paraphernalia (Count III) ( 63 O.”

Stewart v. State, 2016 OK CR 9 (Okla. Crim. App. 2016). · cites it 2× “8(A), at the request of the Oklahoma Legislature, to document the past criminal record of a defendant prior to sentencing.”

Bobby Joe Hickman v. Denise Spears, 160 F.3d 1269 (10th Cir. 1998). · cites it 3× “On April 12, 1994, in Jefferson County District Court, State of Oklahoma, petitioner pled guilty to Unlawful Possession of Marijuana-Second and Subsequent Offense, Okla. Stat. Ann. tit. 63, § 2-402 (B)(2) (West 1997).”

Gomez v. State, 2007 OK CR 33 (Okla. Crim. App. 2007). · cites it 2× “CF-2004-19 for Possession of a Controlled Dangerous Substance (Methamphetamine) (63 O.S.2001, § 2-402), Unlawful Possession of Paraphernalia (63 O.”

State Ex Rel. Oklahoma Bar Ass'n v. Denton, 598 P.2d 663 (Okla. 1979). · cites it 3× “63 O.S.1971 §§ 2-402, 2-410. . State ex rel.”

Frazier v. State, 2020 OK CR 7 (Okla. Crim. App. 2020). · cites it 6× “2014, § 1283(A); Possession of Controlled Dangerous Substance (Hydrocodone/Methamphetamine), After Former Conviction of Two or More Felonies (Count 2), in violation of 63 O.S.Supp.2016, § 2-402; Possession of Controlled Dangerous Substance (Marijuana), a misdemeanor (Count 3),…”

Wall v. State, 2020 OK CR 9 (Okla. Crim. App. 2020). · cites it 4× “The jury recommended as punishment forty (40) years in prison in Count I and twelve (12) years in prison in Count II, with a $10,000.”

Ivan Rodriguez Vazquez v. Jefferson Sessions, III, 885 F.3d 862 (5th Cir. 2018). “As a result, Okla. Stat. Ann. tit. 63, § 2-402 (A)(1) (2013) applied more broadly than the federal offense under 8 U.”

Brumfield v. State, 2007 OK CR 10 (Okla. Crim. App. 2007). · cites it 2× “2004, § 2-401(G)(3)(h) (Count I), and Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine), under 63 O.S.Supp. 2004, § 2-402(B)(1) (Count II), in the District Court of Pushmataha County, Case No.”

Platt v. State, 2008 OK CR 20 (Okla. Crim. App. 2008). · cites it 3× “CF-2005-3550, to the felony of Unlawful Possession of CDS (methamphetamine), under 63 O.S.Supp.2004, § 2-402. The plea was accepted by the Honorable Carol Ann Hubbard, who then deferred sentencing in the case for a period of five (5) years.”

State Ex Rel. MacY v. Freeman, 814 P.2d 147 (Okla. 1991). · cites it 2× “Title 63 O.S.Supp.1987 § 2-402 provides in pertinent part: “A.”

State v. Mallan, 950 P.2d 178 (Haw. 1998). · cites it 2× “11 (Baldwin 1997); Okla. Stat. Ann. tit. 63, § 2-402 (West 1997); Or.”

Show all 128 citing cases →

— Okla. Stat. tit. 63, § 2-402(A) — 3 cases

State v. Terry, 2014 OK CR 14 (Okla. Crim. App. 2014).

Hammonds v. State, 739 P.2d 525 (Okla. Crim. App. 1987).

State v. Terry, 2014 OK CR 14 (Okla. Crim. App. 2014).

— Okla. Stat. tit. 63, § 2-402(A)(1) — 3 cases

State v. Morgan, 2019 OK CR 26 (Okla. Crim. App. 2019).

State v. Roberson, 2021 OK CR 16 (Okla. Crim. App. 2021).

United States v. Simmons (10th Cir. 2025).

— Okla. Stat. tit. 63, § 2-402(B) — 3 cases

State Ex Rel. Oklahoma Bar Ass'n v. Denton, 598 P.2d 663 (Okla. 1979). “63 O.S.1971 §§ 2-402, 2-410. . State ex rel.”

Hagar v. State, 1999 OK CR 35 (Okla. Crim. App. 1999).

Roth v. State, 532 P.2d 1397 (Okla. Crim. App. 1975).

— Okla. Stat. tit. 63, § 2-402(B)(1) — 5 cases

Brumfield v. State, 2007 OK CR 10 (Okla. Crim. App. 2007). “2004, § 2-401(G)(3)(h) (Count I), and Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine), under 63 O.S.Supp. 2004, § 2-402(B)(1) (Count II), in the District Court of Pushmataha County, Case No.”

Clopton v. State, 742 P.2d 586 (Okla. Crim. App. 1987).

State Ex Rel. Corgan v. King, 868 P.2d 743 (Okla. Crim. App. 1994).

Cole v. State, 728 P.2d 492 (Okla. Crim. App. 1986).

Shepard v. State, 2023 OK CR 15 (Okla. Crim. App. 2023).

— Okla. Stat. tit. 63, § 2-402(B)(2) — 9 cases

McKee v. State, 576 P.2d 302 (Okla. Crim. App. 1978).

McCoy v. State, 699 P.2d 663 (Okla. Crim. App. 1985).

Gamble v. State, 751 P.2d 751 (Okla. Crim. App. 1988).

McFatridge v. State, 632 P.2d 1226 (Okla. Crim. App. 1981).

Dodson v. State, 2006 OK CR 32 (Okla. Crim. App. 2006).

— Okla. Stat. tit. 63, § 2-402(B)(l) — 2 cases

Johnson v. State, 764 P.2d 530 (Okla. Crim. App. 1988).

McGowen v. State, 661 P.2d 66 (Okla. Crim. App. 1983).

— Okla. Stat. tit. 63, § 2-402(C) — 2 cases

Smith v. State, 2018 OK CR 4 (Okla. Crim. App. 2018).

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