Okla. Stat. » Title 63 — PUBLIC HEALTH AND SAFETY
Oklahoma Statutes

Okla. Stat. tit. 63, § 2-405 (2026)

Prohibited acts E - Penalties

✓ current as of July 2026
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A. No person shall use tincture of opium, tincture of opium camphorated, or any derivative thereof, by the hypodermic method, either with or without a medical prescription therefor. B. No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy. C. No person shall deliver, sell, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act. D. Any person eighteen (18) years of age or over who violates subsection C of this section by delivering or selling drug paraphernalia to a person under eighteen (18) years of age shall, upon conviction, be guilty of a Class D3 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20P of Title 21 of the Oklahoma Statutes. E. Any person who violates subsections A, B or C of this section shall, upon conviction, be guilty of a misdemeanor punishable as follows: 1. For a first offense the person shall be punished by imprisonment in the county jail for not more than one (1) year or by

a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment; 2. For a second offense the person shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment; and 3. For a third or subsequent offense the person shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both such fine and imprisonment. F. 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, § 2-405, operative Sept. 1, 1971. Amended by Laws 1981, c. 62, § 3, emerg. eff. April 13, 1981; Laws 1982, c. 12, § 4, operative Oct. 1, 1982; Laws 1997, c. 133, § 532, eff. July 1, 1999; Laws 2004, c. 301, § 3, eff. Nov. 1, 2004; Laws 2004, c. 396, § 5, eff. Sept. 1, 2004; Laws 2025, c. 486, § 736, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 532 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 34 cases (5 in the last 5 years), 1981–2024 · 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 2× “2012, § 2-402 ); Unlawful Possession of Drug Paraphernalia (Count III) ( 63 O.S.2011, § 2-405 ); and Possession of a Dangerous Drug Without a Prescription (Count IV) ( 59 O.”
Stewart v. State, 2016 OK CR 9 (Okla. Crim. App. 2016). “2012, § 2-402), and Unlawful Possession of Drug Paraphernalia (Count 3) (63 O.S.2011, § 2-405). 2 This Court adopted Form 13.”
Coffia v. State, 2008 OK CR 24 (Okla. Crim. App. 2008). · cites it 2× “2001, § 2-404, and Possession of Drug Paraphernalia (Count 4) in violation of 63 O.S.2001, § 2-405. The jury fixed punishment at fifteen years imprisonment and a $25,000 fine on Count 1 and elected not to impose any term of imprisonment or fine on Counts 2, 3 and 4.”
McGaughey v. State, 2001 OK CR 33 (Okla. Crim. App. 2001). “8 (Count II); Unlawful Possession of Drug Paraphernalia, under 63 O.S.1991, § 2-405(B) (Count III); and Transporting a Loaded Firearm, under 21 O.”
Witherow v. State, 400 P.3d 902 (Okla. Crim. App. 2017). · cites it 2× “00 fine in Count 1, four (4) years imprisonment in Count 2, and a $1,000.00 fine in Count 3.”
Gomez v. State, 2007 OK CR 33 (Okla. Crim. App. 2007). “2001, § 2-402), Unlawful Possession of Paraphernalia (63 O.S.2001, § 2-405), and Obstructing an Officer (21 O.”
Splawn v. State, 2020 OK CR 20 (Okla. Crim. App. 2020). “2017, § 2-402, and Unlawful Possession of Drug Paraphernalia (Count 3), in violation of 63 O.S.2011, § 2-405. Splawn pleaded guilty to the misdemeanor crimes prior to jury trial for Count 1.”
Jacobs v. State, 2006 OK CR 4 (Okla. Crim. App. 2006). “2004, § 2-401(B)(2); Count II, Unlawful Possession of Drug Paraphernalia in violation of 63 O.S.2001, § 2-405; and Count III, Obstructing an Officer in violation of 21 O.”
State v. Morgan, 2019 OK CR 26 (Okla. Crim. App. 2019). · cites it 2× “2017, § 2-402(A)(1), Unlawful Possession of Drug Paraphernalia (Count 2), in violation of 63 O.S.2011, § 2-405, and Unsafe Lane Change (Count 3), in violation of 47 O.”
Smith v. State, 2018 OK CR 4 (Okla. Crim. App. 2018). “2012, § 2-402(C) ; and Count III: Unlawful Possession of Drug Paraphernalia, in violation of 63 O.S.2011, § 2-405. 1 At the conclusion of second stage proceedings, the jury recommended Smith be sentenced to twelve (12) years imprisonment and a $2,000.”
DARITY v. State, 2009 OK CR 27 (Okla. Crim. App. 2009). “2005, § 2-401(F); and Count III, unlawful possession of drug paraphernalia, in violation of 63 O.S.2001, § 2-405(B). The jury sentenced Appellant to forty (40) years imprisonment and a $100,000 fine on Count I, life imprisonment and a $200,000 fine on Count II, and one (1) year…”
State v. Roberson, 2021 OK CR 16 (Okla. Crim. App. 2021). · cites it 2× “1, Unlawful Possession of Drug Paraphernalia in violation of 63 O.S.2011, § 2-405 and Gang-Related Offense, in violation of 21 O.”
Show all 34 citing cases →
Okla. Stat. tit. 63, § 2-405(B): 5 cases
McGaughey v. State, 2001 OK CR 33 (Okla. Crim. App. 2001). “8 (Count II); Unlawful Possession of Drug Paraphernalia, under 63 O.S.1991, § 2-405(B) (Count III); and Transporting a Loaded Firearm, under 21 O.”
DARITY v. State, 2009 OK CR 27 (Okla. Crim. App. 2009). “2005, § 2-401(F); and Count III, unlawful possession of drug paraphernalia, in violation of 63 O.S.2001, § 2-405(B). The jury sentenced Appellant to forty (40) years imprisonment and a $100,000 fine on Count I, life imprisonment and a $200,000 fine on Count II, and one (1) year…”
Ott v. State, 1998 OK CR 51 (Okla. Crim. App. 1998).
Dear v. State, 773 P.2d 760 (Okla. Crim. App. 1989).
Martin v. State, 804 P.2d 1143 (Okla. Crim. App. 1991).
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