A. It shall be unlawful for any person: 1. Who is subject to the requirements of Article III of this act to distribute or dispense a controlled dangerous substance in violation of Section 2-308 of this title; 2. Who is a registrant to manufacture, distribute, or dispense a controlled dangerous substance not authorized by his registration to another registrant or other authorized person; 3. To omit, remove, alter, or obliterate a symbol required by the Federal Controlled Substances Act or this act; 4. To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this act; 5. To refuse any entry into any premises or inspection authorized by this act; or 6. To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled dangerous substances in violation of this act for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this act. B. Any person who violates this section is punishable by a civil fine of not more than One Thousand Dollars ($1,000.00); provided, that, if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally, such person is guilty of a Class D1 felony offense punishable by imprisonment as provided for in subsections B through F of Section 20N of Title 21 of the Oklahoma Statutes, and a fine of not more than Ten Thousand Dollars ($10,000.00), except that if such person is a corporation it shall be subject to a civil penalty of not more than One Hundred Thousand Dollars ($100,000.00). The fine provided for in this subsection shall be in addition to other punishments provided by law and shall not be in lieu of other punishment. C. Any person convicted of a second or subsequent violation of this section is punishable by a term of imprisonment as provided for in subsections B through F of Section 20N of Title 21 of the Oklahoma Statutes and by twice the fine otherwise authorized. The fine provided for in this subsection shall be in addition to other punishments provided by law and shall not be in lieu of other punishment.
D. 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 1-2522 of this title. Added by Laws 1971, c. 119, § 2-404, operative Sept. 1, 1971. Amended by Laws 1997, c. 133, § 531, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 383, eff. July 1, 1999; Laws 2004, c. 396, § 4, eff. Nov. 1, 2004; Laws 2025, c. 486, § 546, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 531 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
19
cases (
2 in the last 5 years), 1986–2026 · leading case:
Coffia v. State, 2008 OK CR 24 (Okla. Crim. App. 2008).
Coffia v. State, 2008 OK CR 24 (Okla. Crim. App. 2008).
· cites it 4× “8, Maintaining a Vehicle Where a Controlled Dangerous Substance is Kept, After Former Conviction of a Felony (Count 3) in violation of 63 O.S.2001, § 2-404, and Possession of Drug Paraphernalia (Count 4) in violation of 63 O.”
State v. Mitchell, 442 S.E.2d 24 (N.C. 1994).
· cites it 2× “at 682 (referring to Okla.Stat.Ann. tit. 63 § 2-404(A)(6) (1984)).”
Howard v. State, 815 P.2d 679 (Okla. Crim. App. 1991).
· cites it 3× “1981, § 2-401) and of Maintaining a Place where Controlled Dangerous Substances are Kept (63 O.S.1981, § 2-404(A)(6), both After Former Conviction of Two or More Felonies, after a trial by jury in the District Court of Oklahoma County, Case No.”
Watts v. State, 2008 OK CR 27 (Okla. Crim. App. 2008).
· cites it 2× “2002, § 1283(C); and Count 7, maintaining a dwelling where a controlled dangerous substance was kept, in violation of 63 O.S.2001, § 2-404, in the District Court of Oklahoma County, Case No.”
Lozoya v. State, 932 P.2d 22 (Okla. Crim. App. 1996).
“1991, § 2-415) (30 years); Count II, Maintaining a Vehicle Where a Controlled Dangerous Substance is Kept (63 O.S.1991, § 2-404) (5 years); Count III, Possession of Controlled Dangerous Substance without a Tax Stamp (68 O.”
Langham v. State, 787 P.2d 1279 (Okla. Crim. App. 1990).
“1981, § 1287; and Maintaining a Place Where Controlled Dangerous Substances are Kept in violation of 63 O.S.1981, § 2-404, in Case No. CRF-86-6674 in the District Court of Oklahoma County.”
Meeks v. State, 872 P.2d 936 (Okla. Crim. App. 1994).
· cites it 2× “63 O.S.1981, § 2-404. This Court adopted rules concerning this charge in Howard v.”
State Ex Rel. Corgan v. King, 868 P.2d 743 (Okla. Crim. App. 1994).
“The day of the preliminary hearing, the State filed an amended information charging King with the additional offense of Maintaining a Dwelling House to Keep Controlled Drugs, in violation of 63 O.S.1991 § 2-404(A)(6). King also had former convictions of two or more felonies.”
Ott v. State, 1998 OK CR 51 (Okla. Crim. App. 1998).
“1993, § 2-415; Count II, Maintaining a Dwelling House to Keep or Sell a Controlled Drug in violation of 63 O.S.1991, § 2-404(A)(6); Count III, Possession of a Firearm in the Commission of a Felony in violation of 21 O.”
Solis-Avila v. State, 830 P.2d 191 (Okla. Crim. App. 1992).
“1981, § 2-401; Count III — Maintaining a Dwelling Where a Controlled Dangerous Substance is Kept, in violation of 63 O.S.1981, § 2-404, in Case No. CF-90-6260, in the District Court of Oklahoma County.”
Watts v. State, 2008 OK CR 28 (Okla. Crim. App. 2008).
· cites it 2× “The State argues the District Court's sentencing instruction was proper under the "specific enhancement provision" for the crime of maintaining a dwelling where a controlled drug was kept, found at 63 O.S.2001, § 2-404(C), which provides: Any person convicted of a second or…”
Maynard v. State, 715 P.2d 1341 (Okla. Crim. App. 1986).
“63 O.S.1981 § 2-404. The maximum for a first offense is five years on those charges.”
Okla. Stat. tit. 63, § 2-404(A)(6): 6 cases
State v. Mitchell, 442 S.E.2d 24 (N.C. 1994).
“at 682 (referring to Okla.Stat.Ann. tit. 63 § 2-404(A)(6) (1984)).”
Howard v. State, 815 P.2d 679 (Okla. Crim. App. 1991).
“1981, § 2-401) and of Maintaining a Place where Controlled Dangerous Substances are Kept (63 O.S.1981, § 2-404(A)(6), both After Former Conviction of Two or More Felonies, after a trial by jury in the District Court of Oklahoma County, Case No.”
State Ex Rel. Corgan v. King, 868 P.2d 743 (Okla. Crim. App. 1994).
“The day of the preliminary hearing, the State filed an amended information charging King with the additional offense of Maintaining a Dwelling House to Keep Controlled Drugs, in violation of 63 O.S.1991 § 2-404(A)(6). King also had former convictions of two or more felonies.”
Meeks v. State, 872 P.2d 936 (Okla. Crim. App. 1994).
“63 O.S.1981, § 2-404. This Court adopted rules concerning this charge in Howard v.”
Ott v. State, 1998 OK CR 51 (Okla. Crim. App. 1998).
“1993, § 2-415; Count II, Maintaining a Dwelling House to Keep or Sell a Controlled Drug in violation of 63 O.S.1991, § 2-404(A)(6); Count III, Possession of a Firearm in the Commission of a Felony in violation of 21 O.”
Okla. Stat. tit. 63, § 2-404(C): 1 case
Watts v. State, 2008 OK CR 28 (Okla. Crim. App. 2008).
“The State argues the District Court's sentencing instruction was proper under the "specific enhancement provision" for the crime of maintaining a dwelling where a controlled drug was kept, found at 63 O.S.2001, § 2-404(C), which provides: Any person convicted of a second or…”
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