Oklahoma Statutes

Okla. Stat. tit. 63, § 2-415 (2026)

Application - Fines and penalties

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A. The provisions of the Trafficking in Illegal Drugs Act shall apply to persons convicted of violations with respect to the following substances: 1. Marijuana; 2. Cocaine or coca leaves; 3. Heroin; 4. Amphetamine or methamphetamine; 5. Lysergic acid diethylamide (LSD); 6. Phencyclidine (PCP); 7. Cocaine base, commonly known as "crack" or "rock"; 8. 3,4-Methylenedioxy methamphetamine, commonly known as "ecstasy" or MDMA; 9. Morphine; 10. Oxycodone; 11. Hydrocodone; 12. Benzodiazepine; or 13. Fentanyl and its analogs and derivatives. B. Except as otherwise authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to: 1. Knowingly distribute, manufacture, bring into this state or possess a controlled substance specified in subsection A of this section in the quantities specified in subsection C of this section; 2. Possess any controlled substance with the intent to manufacture a controlled substance specified in subsection A of this section in quantities specified in subsection C of this section; or

3. Use or solicit the use of services of a person less than eighteen (18) years of age to distribute or manufacture a controlled dangerous substance specified in subsection A of this section in quantities specified in subsection C of this section. Violation of this section shall be known as "trafficking in illegal drugs". Separate types of controlled substances described in subsection A of this section when possessed at the same time in violation of any provision of this section shall constitute a separate offense for each substance. Any person who commits the conduct described in paragraph 1, 2 or 3 of this subsection and represents the quantity of the controlled substance to be an amount described in subsection C of this section shall be punished under the provisions appropriate for the amount of controlled substance represented, regardless of the actual amount. C. In the case of a violation of the provisions of subsection B of this section, involving: 1. Marijuana: a. twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marijuana shall be a Class B3 felony offense punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or b. one thousand (1,000) pounds or more of a mixture or substance containing a detectable amount of marijuana shall be deemed aggravated trafficking, a Class B2 felony offense, punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 2. Cocaine, coca leaves or cocaine base: a. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine, coca leaves or cocaine base shall be a Class B3 felony offense punishable by a fine of not less than Twenty- five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), b. three hundred (300) grams or more of a mixture or substance containing a detectable amount of cocaine, coca leaves or cocaine base shall be a Class B3 felony offense punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00), or c. four hundred fifty (450) grams or more of a mixture or substance containing a detectable amount of cocaine, coca leaves or cocaine base shall be deemed aggravated trafficking, a Class B2 felony offense, punishable by

a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 3. Heroin: a. ten (10) grams or more of a mixture or substance containing a detectable amount of heroin shall be a Class B3 felony offense punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or b. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of heroin shall be deemed aggravated trafficking, a Class B2 felony offense, punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 4. Amphetamine or methamphetamine: a. twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be a Class B3 felony offense punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than Two Hundred Thousand Dollars ($200,000.00), b. two hundred (200) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be a Class B3 felony offense punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00), or c. four hundred fifty (450) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be deemed aggravated trafficking, a Class B2 felony offense, punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 5. Lysergic acid diethylamide (LSD): a. one (1) gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD) shall be trafficking, a Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or b. ten (10) grams or more of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD) shall be aggravated trafficking, a Class B2 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00); 6. Phencyclidine (PCP): a. twenty (20) grams or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP) shall be trafficking, a Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than Twenty Thousand Dollars ($20,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or b. one hundred fifty (150) grams or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP) shall be aggravated trafficking, a Class B2 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00); 7. Methylenedioxy methamphetamine: a. thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4- Methylenedioxy methamphetamine shall be trafficking, a Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or b. one hundred (100) tablets or thirty (30) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine shall be deemed aggravated trafficking, a Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 8. Morphine: One thousand (1,000) grams or more of a mixture containing a detectable amount of morphine shall be trafficking, a

Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 9. Oxycodone: Four hundred (400) grams or more of a mixture containing a detectable amount of oxycodone shall be trafficking, a Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 10. Hydrocodone: Three thousand seven hundred fifty (3,750) grams or more of a mixture containing a detectable amount of hydrocodone shall be trafficking, a Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); 11. Benzodiazepine: Five hundred (500) grams or more of a mixture containing a detectable amount of benzodiazepine shall be trafficking, a Class B3 felony offense, punishable by a term of imprisonment not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); and 12. Fentanyl and its analogs and derivatives: a. one (1) gram or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives, shall be trafficking, a Class B3 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or b. five (5) grams or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives, shall be aggravated trafficking, a Class B1 felony offense, punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00). D. Any person who violates the provisions of this section with respect to marijuana, cocaine, coca leaves, cocaine base, heroin, amphetamine or methamphetamine in a quantity specified in paragraphs

1, 2, 3 and 4 of subsection C of this section shall, in addition to any fines specified by this section, be punishable by a term of imprisonment as follows: 1. For trafficking, a first violation of this section, a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years; 2. For trafficking, a second violation of this section, a term of imprisonment in the Department of Corrections of not less than four (4) years nor more than life, for which the person shall serve fifty percent (50%) of the sentence before being eligible for parole consideration; 3. For trafficking, a third or subsequent violation of this section, a term of imprisonment in the custody of the Department of Corrections of not less than twenty (20) years nor more than life, of which the person shall serve fifty percent (50%) of the sentence before being eligible for parole consideration. Persons convicted of trafficking shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of sentence to less than fifty percent (50%) of the sentence imposed; and If the person is convicted of aggravated trafficking, the person shall serve eighty-five percent (85%) of such sentence before being eligible for parole consideration. E. The penalties specified in subsections C and D of this section are subject to the enhancements enumerated in subsections E and F of Section 2-401 of this title. 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 1-2530.9 of this title and the assessment pursuant to Section 2-503.2 of this title. Added by Laws 1987, c. 136, § 2, eff. Nov. 1, 1987. Amended by Laws 1989, c. 114, § 2, eff. Nov. 1, 1989; Laws 1989, c. 237, § 3, eff. Nov. 1, 1989; Laws 1990, c. 232, § 7, emerg. eff. May 18, 1990; Laws 1993, c. 21, § 1, eff. Sept. 1, 1993; Laws 1997, c. 133, § 535, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 386, eff. July 1, 1999; Laws 2002, c. 135, § 1, emerg. eff. April 24, 2002; Laws 2004, c. 396, § 9, eff. Sept. 1, 2004; Laws 2007, c. 199, § 5, eff. Nov. 1, 2007; Laws 2011, c. 239, § 8, eff. Nov. 1, 2011; Laws 2014, c. 348, § 1, eff. Nov. 1, 2014; Laws 2015, c. 258, § 1, eff. Nov. 1, 2015; Laws 2018, c. 130, § 2, eff. Nov. 1, 2018; Laws 2019, c. 25, § 40, emerg. eff. April 4, 2019; Laws 2021, c. 380, § 1, eff. Nov. 1, 2021; Laws 2025, c. 486, § 66, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 535 from July 1, 1998, to July 1, 1999.

NOTE: Laws 2004, c. 530, § 2 amended the effective date of Laws 2004, c. 396, § 9 from Nov. 1, 2004, to Sept. 1, 2004. NOTE: Laws 2018, c. 7, § 1 repealed by Laws 2019, c. 25, § 41, emerg. eff. April 4, 2019.

Notes of Decisions
Cited in 72 cases (18 in the last 5 years), 1991–2026 · leading case: Bivens v. State, 2018 OK CR 33, 431 P.3d 985.
Bivens v. State, 2018 OK CR 33, 431 P.3d 985. · cites it 8× “SUMMARY OPINION LUMPKIN, PRESIDING JUDGE: ¶1 Appellant Byron Jerome Bivens was tried by jury and convicted of Trafficking in Illegal Drugs (Count I) ( 63 O.S.Supp.2014, § 2-415 ); Possession of a Controlled Dangerous Substance (Count II) ( 63 O.”
Dennis v. Poppel, 222 F.3d 1245 (10th Cir. 2000). · cites it 8× “Dennis of two counts of trafficking in illegal drugs, under Okla. Stat. tit. 63, § 2-415 , and set his punishment at life in prison and a $100,000 fine for each count.”
Dufries v. State, 2006 OK CR 13, 133 P.3d 887. · cites it 5× “3 pounds of marijuana), in violation of 63 O.S.Supp.2003, § 2-415, after former conviction of two drug-related felonies.”
Lozoya v. State, 932 P.2d 22 (Okla. Crim. App. 1996). · cites it 3× “CF-92-5284: Count I, Trafficking in Illegal Drugs (63 O.S.1991, § 2-415) (30 years); Count II, Maintaining a Vehicle Where a Controlled Dangerous Substance is Kept (63 O.”
Coffia v. State, 2008 OK CR 24, 191 P.3d 594. · cites it 4× “CF-2004-120, of Trafficking in Methamphetamine, After Former Conviction of a Felony (Count 1) in violation of 63 O.S.Supp.2002, § 2-415, Unlawful Possession of Controlled Dangerous Substance without Tax Stamp Affixed, After Former Conviction of a Felony (Count 2) in violation of…”
Witherow v. State, 2017 OK CR 17, 400 P.3d 902. · cites it 4× “2011, § 1993(C); and Count 3, unlawful possession of drug paraphernalia, a misdemeanor, in violation of 63 O.S.2011, § 2-405, in the District Court of Washington County, Case No.”
Watts v. State, 2008 OK CR 27, 194 P.3d 133. · cites it 3× “2003, § 2-401(A)(1); Counts 2 and 3, trafficking in illegal drugs (methamphetamine), in violation of 63 O.S.Supp.2002, § 2-415; Count 5, conspiracy to commit unlawful distribution of a controlled dangerous substance (methamphetamine), in violation of 63 O.”
Anderson v. State, 2018 OK CR 13, 422 P.3d 765. · cites it 2× “Canavan, Jr., District Judge, accepted Petitioner's pleas and sentenced him to twenty (20) years imprisonment in each count plus a $25,000.”
Verduzco v. State, 2009 OK CR 24, 217 P.3d 625. · cites it 5× “1, in Oklahoma County District Court, Case No. CF-2008-3520.”
People v. Frieberg, 589 N.E.2d 508 (Ill. 1992). “§ 16-13-31 (1991); Okla.Stat. tit. 63, § 2-415 (1990); V.I.Code Ann.”
Randolph v. State, 2010 OK CR 2, 231 P.3d 672. · cites it 2× “CF-2007-1661, of Count 1, trafficking in illegal drugs, after former conviction of two (2) or more felonies, in violation of 63 O.S.Supp. 2004, § 2-415; Count 2, possession of marijuana, second offense, after former conviction of one (1) or more felonies, in violation of 63 O.”
Coronado v. Ward, 517 F.3d 1212 (10th Cir. 2008). “Coronado of Trafficking in Illegal Drugs in violation of Okla. Stat. tit. 63, § 2-415 (C), and the court sentenced him to twenty years’ imprisonment.”
Okla. Stat. tit. 63, § 2-415(A)(7)(a): 1 case
Okla. Stat. tit. 63, § 2-415(A)(8): 1 case
McINTOSH v. State, 2010 OK CR 17, 237 P.3d 800.
Okla. Stat. tit. 63, § 2-415(B)(1): 1 case
Leech v. State, 2003 OK CR 4, 66 P.3d 987.
Okla. Stat. tit. 63, § 2-415(C)(2)(b): 1 case
Lewis v. State, 2006 OK CR 48, 150 P.3d 1060.
Okla. Stat. tit. 63, § 2-415(D): 4 cases
Bivens v. State, 2018 OK CR 33, 431 P.3d 985. “SUMMARY OPINION LUMPKIN, PRESIDING JUDGE: ¶1 Appellant Byron Jerome Bivens was tried by jury and convicted of Trafficking in Illegal Drugs (Count I) ( 63 O.S.Supp.2014, § 2-415 ); Possession of a Controlled Dangerous Substance (Count II) ( 63 O.”
Watts v. State, 2008 OK CR 27, 194 P.3d 133. “2003, § 2-401(A)(1); Counts 2 and 3, trafficking in illegal drugs (methamphetamine), in violation of 63 O.S.Supp.2002, § 2-415; Count 5, conspiracy to commit unlawful distribution of a controlled dangerous substance (methamphetamine), in violation of 63 O.”
Dufries v. State, 2006 OK CR 13, 133 P.3d 887. “3 pounds of marijuana), in violation of 63 O.S.Supp.2003, § 2-415, after former conviction of two drug-related felonies.”
Bivens v. State, 2018 OK CR 33.
Okla. Stat. tit. 63, § 2-415(D)(2): 1 case
Coffia v. State, 2008 OK CR 24, 191 P.3d 594. “CF-2004-120, of Trafficking in Methamphetamine, After Former Conviction of a Felony (Count 1) in violation of 63 O.S.Supp.2002, § 2-415, Unlawful Possession of Controlled Dangerous Substance without Tax Stamp Affixed, After Former Conviction of a Felony (Count 2) in violation of…”
Okla. Stat. tit. 63, § 2-415(D)(3): 7 cases
Witherow v. State, 2017 OK CR 17, 400 P.3d 902. “2011, § 1993(C); and Count 3, unlawful possession of drug paraphernalia, a misdemeanor, in violation of 63 O.S.2011, § 2-405, in the District Court of Washington County, Case No.”
Dodd v. State, 879 P.2d 822 (Okla. Crim. App. 1994).
DARITY v. State, 2009 OK CR 27, 220 P.3d 731.
Verduzco v. State, 2009 OK CR 24, 217 P.3d 625. “1, in Oklahoma County District Court, Case No. CF-2008-3520.”
Ott v. State, 1998 OK CR 51, 967 P.2d 472.
Okla. Stat. tit. 63, § 2-415(D)(4): 2 cases
Verduzco v. State, 2009 OK CR 24, 217 P.3d 625. “1, in Oklahoma County District Court, Case No. CF-2008-3520.”
Soriano v. State, 2011 OK CR 9, 248 P.3d 381.
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.