STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 2217	By: Derby	

AS INTRODUCED

An Act relating to public health and safety; amending 63 O.S. 2011, Sections 2-101, as amended by Section 1, Chapter 80, O.S.L. 2012, 2-204, as amended by Section 2, Chapter 80, O.S.L. 2012, 2-206, 2-210, as amended by Section 4, Chapter 80, O.S.L. 2012, 2-212, as amended by Section 2, Chapter 206, O.S.L. 2012, 2-309D, as amended by Section 1, Chapter 51, O.S.L. 2012, 2-312.1, 2-332 and 2-401, as amended by Section 4, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012, Sections 2-101, 2-204, 2-210, 2-212, 2-309D and 2-401), which relate to the Uniform Controlled Dangerous Substances Act; adding definition; alphabetizing definition; adding certain substances to Schedules I and II; deleting certain substance from Schedule IV; modifying guidelines used for dispensing certain product; clarifying confidentiality requirements of investigative information; defining term for certain prohibited act; decreasing gram amount when possessing certain substance; modifying scope of prohibited act; amending 63 O.S. 2011, Section 2-701, as amended by Section 5, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012, Section 2-701), which relates to the Oklahoma Methamphetamine Offender Registry Act; clarifying elements of prohibited acts; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2-101, as amended by Section 1, Chapter 80, O.S.L. 2012 (63 O.S. Supp. 2012, Section 2-101), is amended to read as follows:
Section 2-101.  As used in the Uniform Controlled Dangerous Substances Act:
1.  “Administer” means the direct application of a controlled dangerous substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient, animal or research subject by:
a.	a practitioner (or, in the presence of the practitioner, by the authorized agent of the practitioner), or
b.	the patient or research subject at the direction and in the presence of the practitioner;
2.  “Agent” means a peace officer appointed by and who acts in behalf of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or an authorized person who acts on behalf of or at the direction of a person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes controlled dangerous substances but does not include a common or contract carrier, public warehouser or employee thereof, or a person required to register under the Uniform Controlled Dangerous Substances Act;
3.  “Anhydrous ammonia” means any substance that exhibits cryogenic evaporative behavior and tests positive for ammonia;
4.  “Board” means the Advisory Board to the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. 5.  “Bureau” means the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
5. 6.  “Coca leaves” includes cocaine and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine or ecgonine;
6. 7.  “Commissioner” or “Director” means the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
7. 8.  “Control” means to add, remove or change the placement of a drug, substance or immediate precursor under the Uniform Controlled Dangerous Substances Act;
8. 9.  “Controlled dangerous substance” means a drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title;
9. 10.  “Counterfeit substance” means a controlled substance which, or the container or labeling of which without authorization, bears the trademark, trade name or other identifying marks, imprint, number or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance;
10. 11.  “Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled dangerous substance or drug paraphernalia, whether or not there is an agency relationship;
11. 12. “Dispense” means to deliver a controlled dangerous substance to an ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for such distribution.  “Dispenser” is a practitioner who delivers a controlled dangerous substance to an ultimate user or human research subject;
12. 13.  “Distribute” means to deliver other than by administering or dispensing a controlled dangerous substance;
13. 14.  “Distributor” means a commercial entity engaged in the distribution or reverse distribution of narcotics and dangerous drugs and who complies with all regulations promulgated by the federal Drug Enforcement Administration and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
14. 15.  “Drug” means articles:
a.	recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them,
b.	intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals,
c.	other than food, intended to affect the structure or any function of the body of man or other animals, and
d.	intended for use as a component of any article specified in this paragraph;
provided, however, the term “drug” does not include devices or their components, parts or accessories;
15. 16.  “Drug-dependent person” means a person who is using a controlled dangerous substance and who is in a state of psychic or physical dependence, or both, arising from administration of that controlled dangerous substance on a continuous basis.  Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects, or to avoid the discomfort of its absence;
16. 17.  “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act including, but not limited to:
a.	kits used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
b.	kits used, intended for use, or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances,
c.	isomerization devices used, intended for use, or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance,
d.	testing equipment used, intended for use, or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances,
e.	scales and balances used, intended for use, or fashioned specifically for use in weighing or measuring controlled dangerous substances,
f.	diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or fashioned specifically for use in cutting controlled dangerous substances,
g.	separation gins and sifters used, intended for use, or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana,
h.	blenders, bowls, containers, spoons and mixing devices used, intended for use, or fashioned specifically for use in compounding controlled dangerous substances,
i.	capsules, balloons, envelopes and other containers used, intended for use, or fashioned specifically for use in packaging small quantities of controlled dangerous substances,
j.	containers and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
k.	hypodermic syringes, needles and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
l.	objects used, intended for use, or fashioned specifically for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
(1)	metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
(2)	water pipes,
(3)	carburetion tubes and devices,
(4)	smoking and carburetion masks,
(5)	roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand,
(6)	miniature cocaine spoons and cocaine vials,
(7)	chamber pipes,
(8)	carburetor pipes,
(9)	electric pipes,
(10)	air-driven pipes,
(11)	chillums,
(12)	bongs, or
(13)	ice pipes or chillers,
m.	all hidden or novelty pipes, and
n.	any pipe that has a tobacco bowl or chamber of less than one-half (1/2) inch in diameter in which there is any detectable residue of any controlled dangerous substance as defined in this section or any other substances not legal for possession or use; 
provided, however, the term “drug paraphernalia” shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco, traditional pipes of an American Indian tribal religious ceremony, or antique pipes that are thirty (30) years of age or older;
18.  “Hazardous materials” means materials, whether solid, liquid or gas, which are toxic to human, animal, aquatic or plant life, and the disposal of which materials is controlled by state or federal guidelines;
19.  “Home care agency” means any sole proprietorship, partnership, association, corporation, or other organization which administers, offers, or provides home care services, for a fee or pursuant to a contract for such services, to clients in their place of residence;
17. 20.  “Home care services” means skilled or personal care services provided to clients in their place of residence for a fee;
18. 21.  “Hospice” means a centrally administered, nonprofit or profit, medically directed, nurse-coordinated program which provides a continuum of home and inpatient care for the terminally ill patient and the patient’s family.  Such term shall also include a centrally administered, nonprofit or profit, medically directed, nurse-coordinated program if such program is licensed pursuant to the provisions of this act.  A hospice program offers palliative and supportive care to meet the special needs arising out of the physical, emotional and spiritual stresses which are experienced during the final stages of illness and during dying and bereavement. This care is available twenty-four (24) hours a day, seven (7) days a week, and is provided on the basis of need, regardless of ability to pay.  “Class A” Hospice refers to Medicare certified hospices.  “Class B” refers to all other providers of hospice services;
19. 22.  “Imitation controlled substance” means a substance that is not a controlled dangerous substance, which by dosage unit appearance, color, shape, size, markings or by representations made, would lead a reasonable person to believe that the substance is a controlled dangerous substance.  In the event the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an “imitation controlled substance”, the court or authority concerned should consider, in addition to all other factors, the following factors as related to “representations made” in determining whether the substance is an “imitation controlled substance”:
a.	statements made by an owner or by any other person in control of the substance concerning the nature of the substance, or its use or effect,
b.	statements made to the recipient that the substance may be resold for inordinate profit,
c.	whether the substance is packaged in a manner normally used for illicit controlled substances,
d.	evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities,
e.	prior convictions, if any, of an owner, or any other person in control of the object, under state or federal law related to controlled substances or fraud, and
f.	the proximity of the substances to controlled dangerous substances;
20. 23.  “Immediate precursor” means a substance which the Director has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used, or likely to be used, in the manufacture of a controlled dangerous substance, the control of which is necessary to prevent, curtail or limit such manufacture;
24.  “Isomer” means the optical isomer, except as used in subsection C of Section 2-204 of this title and paragraph 4 of subsection A of Section 2-206 of this title.  As used in subsection C of Section 2-204 of this title, “isomer” means the optical, positional or geometric isomer.  As used in paragraph 4 of subsection A of Section 2-206 of this title, the term “isomer” means the optical or geometric isomer;
21. 25.  “Laboratory” means a laboratory approved by the Director as proper to be entrusted with the custody of controlled dangerous substances and the use of controlled dangerous substances for scientific and medical purposes and for purposes of instruction;
22. 26.  “Manufacture” means the production, preparation, propagation, compounding or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural or synthetic origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis.  “Manufacturer” includes any person who packages, repackages or labels any container of any controlled dangerous substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer;
23. 27.  “Marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination;
24. 28.  “Medical purpose” means an intention to utilize a controlled dangerous substance for physical or mental treatment, for diagnosis, or for the prevention of a disease condition not in violation of any state or federal law and not for the purpose of satisfying physiological or psychological dependence or other abuse;
25. 29.  “Mid-level practitioner” means an advanced practice nurse as defined and within parameters specified in Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified animal euthanasia technician as defined in Section 698.2 of Title 59 of the Oklahoma Statutes, or an animal control officer registered by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control under subsection B of Section 2-301 of this title within the parameters of such officer’s duty under Sections 501 through 508 of Title 4 of the Oklahoma Statutes;
26. 30.  “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
a.	opium, coca leaves and opiates,
b.	a compound, manufacture, salt, derivative or preparation of opium, coca leaves or opiates,
c.	cocaine, its salts, optical and geometric isomers, and salts of isomers,
d.	ecgonine, its derivatives, their salts, isomers and salts of isomers, and
e.	a substance, and any compound, manufacture, salt, derivative or preparation thereof, which is chemically identical with any of the substances referred to in subparagraphs a through d of this paragraph, except that the words “narcotic drug” as used in Section 2-101 et seq. of this title shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine;
27. 31.  “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability.  It does not include, unless specifically designated as controlled under the Uniform Controlled Dangerous Substances Act, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan).  It does include its racemic and levorotatory forms;
28. 32.  “Opium poppy” means the plant of the species Papaver somniferum L., except the seeds thereof;
29. 33.  “Peace officer” means a police officer, sheriff, deputy sheriff, district attorney’s investigator, investigator from the Office of the Attorney General, or any other person elected or appointed by law to enforce any of the criminal laws of this state or of the United States;
30. 34.  “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
31. 35.  “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing;
32. 36.  “Practitioner” means:
a.	(1)	a medical doctor or osteopathic physician,
(2)	a dentist,
(3)	a podiatrist,
(4)	an optometrist,
(5)	a veterinarian,
(6)	a physician assistant under the supervision of a licensed medical doctor or osteopathic physician,
(7)	a scientific investigator, or
(8)	any other person,
licensed, registered or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, use for scientific purposes or administer a controlled dangerous substance in the course of professional practice or research in this state, or
b.	a pharmacy, hospital, laboratory or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, use for scientific purposes or administer a controlled dangerous substance in the course of professional practice or research in this state;
33. 37.  “Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled dangerous substance;
34. 38.  “State” means the State of Oklahoma or any other state of the United States;
39.   a.	“Synthetic controlled substance” means a substance:
(1)	the chemical structure of which is substantially similar to the chemical structure of a controlled dangerous substance in Schedule I or II,
(2)	which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled dangerous substance in Schedule I or II, or
(3)	with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance in Schedule I or II.
b.	The designation of gamma butyrolactone or any other chemical as a precursor, pursuant to Section 2-322 of this title, does not preclude a finding pursuant to subparagraph a of this paragraph that the chemical is a synthetic controlled substance.
c.	“Synthetic controlled substance” does not include:
(1)	a controlled dangerous substance,
(2)	any substance for which there is an approved new drug application,
(3)	with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person under the provisions of Section 505 of the Federal Food, Drug and Cosmetic Act, Title 21 of the United States Code, Section 355, to the extent conduct with respect to such substance is pursuant to such exemption, or
(4)	any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.
d.	Prima facie evidence that a substance containing salvia divinorum has been enhanced, concentrated or chemically or physically altered shall give rise to a rebuttable presumption that the substance is a synthetic controlled substance;
40.  “Synthetic drug product” means any product that contains a substance defined as a controlled substance under subsections C and D of Section 2-204 of this title.  Products approved by the Food and Drug Administration of the United States Department of Health and Human Services for human consumption are not synthetic drug products;
41.  “Tetrahydrocannabinols” means all substances that have been chemically synthesized to emulate the tetrahydrocannabinols of marihuana; and
35. 42.  “Ultimate user” means a person who lawfully possesses a controlled dangerous substance for the person’s own use or for the use of a member of the person’s household or for administration to an animal owned by the person or by a member of the person’s household;
36.  “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act including, but not limited to:
a.	kits used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
b.	kits used, intended for use, or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances,
c.	isomerization devices used, intended for use, or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance,
d.	testing equipment used, intended for use, or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances,
e.	scales and balances used, intended for use, or fashioned specifically for use in weighing or measuring controlled dangerous substances,
f.	diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or fashioned specifically for use in cutting controlled dangerous substances,
g.	separation gins and sifters used, intended for use, or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana,
h.	blenders, bowls, containers, spoons and mixing devices used, intended for use, or fashioned specifically for use in compounding controlled dangerous substances,
i.	capsules, balloons, envelopes and other containers used, intended for use, or fashioned specifically for use in packaging small quantities of controlled dangerous substances,
j.	containers and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
k.	hypodermic syringes, needles and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
l.	objects used, intended for use, or fashioned specifically for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
(1)	metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
(2)	water pipes,
(3)	carburetion tubes and devices,
(4)	smoking and carburetion masks,
(5)	roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand,
(6)	miniature cocaine spoons and cocaine vials,
(7)	chamber pipes,
(8)	carburetor pipes,
(9)	electric pipes,
(10)	air-driven pipes,
(11)	chillums,
(12)	bongs, or
(13)	ice pipes or chillers,
m.	all hidden or novelty pipes, and
n.	any pipe that has a tobacco bowl or chamber of less than one-half (1/2) inch in diameter in which there is any detectable residue of any controlled dangerous substance as defined in this section or any other substances not legal for possession or use;
provided, however, the term “drug paraphernalia” shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco, traditional pipes of an American Indian tribal religious ceremony, or antique pipes that are thirty (30) years of age or older;
37.  a.	“Synthetic controlled substance” means a substance:
(1)	the chemical structure of which is substantially similar to the chemical structure of a controlled dangerous substance in Schedule I or II,
(2)	which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled dangerous substance in Schedule I or II, or
(3)	with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance in Schedule I or II.
b.	The designation of gamma butyrolactone or any other chemical as a precursor, pursuant to Section 2-322 of this title, does not preclude a finding pursuant to subparagraph a of this paragraph that the chemical is a synthetic controlled substance.
c.	“Synthetic controlled substance” does not include:
(1)	a controlled dangerous substance,
(2)	any substance for which there is an approved new drug application,
(3)	with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person under the provisions of Section 505 of the Federal Food, Drug and Cosmetic Act, Title 21 of the United States Code, Section 355, to the extent conduct with respect to such substance is pursuant to such exemption, or
(4)	any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.
d.	Prima facie evidence that a substance containing salvia divinorum has been enhanced, concentrated or chemically or physically altered shall give rise to a rebuttable presumption that the substance is a synthetic controlled substance;
38.  “Tetrahydrocannabinols” means all substances that have been chemically synthesized to emulate the tetrahydrocannabinols of marihuana;
39.  “Isomer” means the optical isomer, except as used in subsection C of Section 2-204 of this title and paragraph 4 of subsection A of Section 2-206 of this title.  As used in subsection C of Section 2-204 of this title, “isomer” means the optical, positional or geometric isomer.  As used in paragraph 4 of subsection A of Section 2-206 of this title, the term “isomer” means the optical or geometric isomer;
40.  “Hazardous materials” means materials, whether solid, liquid or gas, which are toxic to human, animal, aquatic or plant life, and the disposal of which materials is controlled by state or federal guidelines; and
41.  “Anhydrous ammonia” means any substance that exhibits cryogenic evaporative behavior and tests positive for ammonia.
SECTION 2.     AMENDATORY     63 O.S. 2011, Section 2-204, as amended by Section 2, Chapter 80, O.S.L. 2012 (63 O.S. Supp. 2012, Section 2-204), is amended to read as follows:
Section 2-204.  The controlled substances listed in this section are included in Schedule I.
A.  Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, when the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
1.  Acetylmethadol;
2.  Allylprodine;
3.  Alphacetylmethadol;
4.  Alphameprodine;
5.  Alphamethadol;
6.  Benzethidine;
7.  Betacetylmethadol;
8.  Betameprodine;
9.  Betamethadol;
10.  Betaprodine;
11.  Clonitazene;
12.  Dextromoramide;
13.  Dextrorphan (except its methyl ether);
14.  Diampromide;
15.  Diethylthiambutene;
16.  Dimenoxadol;
17.  Dimepheptanol;
18.  Dimethylthiambutene;
19.  Dioxaphetyl butyrate;
20.  Dipipanone;
21.  Ethylmethylthiambutene;
22.  Etonitazene;
23.  Etoxeridine;
24.  Furethidine;
25.  Hydroxypethidine;
26.  Ketobemidone;
27.  Levomoramide;
28.  Levophenacylmorphan;
29.  Morpheridine;
30.  Noracymethadol;
31.  Norlevorphanol;
32.  Normethadone;
33.  Norpipanone;
34.  Phenadoxone;
35.  Phenampromide;
36.  Phenomorphan;
37.  Phenoperidine;
38.  Piritramide;
39.  Proheptazine;
40.  Properidine;
41.  Racemoramide; or
42.  Trimeperidine.
B.  Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
1.  Acetorphine;
2.  Acetyldihydrocodeine;
3.  Benzylmorphine;
4.  Codeine methylbromide;
5.  Codeine-N-Oxide;
6.  Cyprenorphine;
7.  Desomorphine;
8.  Dihydromorphine;
9.  Etorphine;
10.  Heroin;
11.  Hydromorphinol;
12.  Methyldesorphine;
13.  Methylhydromorphine;
14.  Morphine methylbromide;
15.  Morphine methylsulfonate;
16.  Morphine-N-Oxide;
17.  Myrophine;
18.  Nicocodeine;
19.  Nicomorphine;
20.  Normorphine;
21.  Phoclodine; or
22.  Thebacon.
C.  Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
1.  Methcathinone;
2.  3, 4-methylenedioxy amphetamine;
3.  3, 4-methylenedioxy methamphetamine;
4.  5-methoxy-3, 4-methylenedioxy amphetamine;
5.  3, 4, 5-trimethoxy amphetamine;
6.  Bufotenine;
7.  Diethyltryptamine;
8.  Dimethyltryptamine;
9.  4-methyl-2, 5-dimethoxyamphetamine;
10.  Ibogaine;
11.  Lysergic acid diethylamide;
12.  Marihuana;
13.  Mescaline;
14.  N-benzylpiperazine;
15.  N-ethyl-3-piperidyl benzilate;
16.  N-methyl-3-piperidyl benzilate;
17.  Psilocybin;
18.  Psilocyn;
19.  2, 5 dimethoxyamphetamine;
20.  4 Bromo-2, 5-dimethoxyamphetamine;
21.  4 methoxyamphetamine;
22.  Cyclohexamine;
23.  Salvia Divinorum;
24.  Salvinorin A;
25.  Thiophene Analog of Phencyclidine.  Also known as: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine; TPCP, TCP;
26.  Phencyclidine (PCP);
27.  Pyrrolidine Analog for Phencyclidine.  Also known as 1-(1-Phenyclyclohexyl) - Pyrrolidine, PCPy, PHP;
28.  1-(3-[trifluorometh-ylphenyl]) piperazine;
29.  Flunitrazepam;
30.  B-hydroxy-amphetamine;
31.  B-ketoamphetamine;
32.  2,5-dimethoxy-4-nitroamphetamine;
33.  2,5-dimethoxy-4-bromophenethylamine;
34.  2,5-dimethoxy-4-chlorophenethylamine;
35.  2,5-dimethoxy-4-iodoamphetamine;
36.  2,5-dimethoxy-4-iodophenethylamine;
37.  2,5-dimethoxy-4-methylphenethylamine;
38.  2,5-dimethoxy-4-ethylphenethylamine;
39.  2,5-dimethoxy-4-fluorophenethylamine;
40.  2,5-dimethoxy-4-nitrophenethylamine;
41.  2,5-dimethoxy-4-ethylthio-phenethylamine;
42.  2,5-dimethoxy-4-isopropylthio-phenethylamine;
43.  2,5-dimethoxy-4-propylthio-phenethylamine;
44.  2,5-dimethoxy-4-cyclopropylmethylthio-phenethylamine;
45.  2,5-dimethoxy-4-tert-butylthio-phenethylamine;
46.  2,5-dimethoxy-4-(2-fluoroethylthio)-phenethylamine;
47.  5-methoxy-N, N-dimethyltryptamine;
48.  N-methyltryptamine;
49.  A-ethyltryptamine;
50.  A-methyltryptamine;
51.  N, N-diethyltryptamine;
52.  N, N-diisopropyltryptamine;
53.  N, N-dipropyltryptamine;
54.  5-methoxy-a-methyltryptamine;
55.  4-hydroxy-N, N-diethyltryptamine;
56.  4-hydroxy-N, N-diisopropyltryptamine;
57.  5-methoxy-N, N-diisopropyltryptamine;
58.  4-hydroxy-N-isopropyl-N-methyltryptamine;
59.  3,4-Methylenedioxymethcathinone (Methylone);
60.  3,4-Methylenedioxypyrovalerone (MDPV);
61.  4-Methylmethcathinone (Mephedrone);
62.  4-methoxymethcathinone;
63.  4-Fluoromethcathinone; 
64.  3-Fluoromethcathinone;
65.  1-(8-bromobenzo[1,2-b;4,5-b’]difuran-4-yl)-2-aminopropane;
66.  2,5-Dimethoxy-4-chloroamphetamine;
67.  4-Methylmethcathinone 4-Methylethcathinone;
68.  Pyrovalerone;
69.  N,N-diallyl-5-methoxytryptamine;
70.  3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
71.  B-keto-N-Methylbenzodioxolylbutanamine (Butylone); or
72.  B-keto-Methylbenzodioxolylpentanamine (Pentylone);
73.  Alpha-Pyrrolidinopentiophenone;
74.  4-Fluoroamphetamine;
75.  Pentredone;
76.  4’-Methyl-a-pyrrolidinohexaphenone;
77.  2,5-dimethoxy-4-(n)-propylphenethylamine;
78.  2,5-dimethoxyphenethylamine;
79.  1,4-Dibenzylpiperazine; or
80.  N,N-Dimethylamphetamine.
D.  Unless specifically excepted or unless listed in a different schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having stimulant or depressant effect on the central nervous system:
1.  Fenethylline;
2.  Mecloqualone;
3.  N-ethylamphetamine;
4.  Methaqualone;
5.  Gamma-Hydroxybutyric Acid, also known as GHB, gamma-hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate;
6.  Gamma-Butyrolactone (GBL) as packaged, marketed, manufactured or promoted for human consumption, with the exception of legitimate food additive and manufacturing purposes;
7.  Gamma Hydroxyvalerate (GHV) as packaged, marketed, or manufactured for human consumption, with the exception of legitimate food additive and manufacturing purposes;
8.  Gamma Valerolactone (GVL) as packaged, marketed, or manufactured for human consumption, with the exception of legitimate food additive and manufacturing purposes; or
9.  1,4 Butanediol (1,4 BD or BDO) as packaged, marketed, manufactured, or promoted for human consumption with the exception of legitimate manufacturing purposes.
E.  1.  The following industrial uses of Gamma-Butyrolactone, Gamma Hydroxyvalerate, Gamma Valerolactone, or 1,4 Butanediol are excluded from all schedules of controlled substances under this title:
a.	pesticides,
b.	photochemical etching,
c.	electrolytes of small batteries or capacitors,
d.	viscosity modifiers in polyurethane,
e.	surface etching of metal coated plastics,
f.	organic paint disbursements for water soluble inks,
g.	pH regulators in the dyeing of wool and polyamide fibers,
h.	foundry chemistry as a catalyst during curing,
i.	curing agents in many coating systems based on urethanes and amides,
j.	additives and flavoring agents in food, confectionary, and beverage products,
k.	synthetic fiber and clothing production,
l.	tetrahydrofuran production,
m.	gamma butyrolactone production,
n.	polybutylene terephthalate resin production,
o.	polyester raw materials for polyurethane elastomers and foams,
p.	coating resin raw material, and
q.	as an intermediate in the manufacture of other chemicals and pharmaceuticals.
2.  At the request of any person, the Director may exempt any other product containing Gamma-Butyrolactone, Gamma Hydroxyvalerate, Gamma Valerolactone, or 1,4 Butanediol from being included as a Schedule I controlled substance if such product is labeled, marketed, manufactured and distributed for legitimate industrial use in a manner that reduces or eliminates the likelihood of abuse.
3.  In making a determination regarding an industrial product, the Director, after notice and hearing, shall consider the following:
a.	the history and current pattern of abuse,
b.	the name and labeling of the product,
c.	the intended manner of distribution, advertising and promotion of the product, and
d.	other factors as may be relevant to and consistent with the public health and safety.
4.  The hearing shall be held in accordance with the procedures of the Administrative Procedures Act.
F.  Any material, compound, mixture, or preparation which contains any quantity of a the following synthetic chemical compound compounds that is a are cannabinoid receptor agonist agonists and mimics mimic the pharmacological effect effects of naturally occurring substances including, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical desigation:
1.  JWH-004;
2.  JWH-007;
3.  JWH-009;
4.  JWH-015;
5.  JWH-016;
6.  JWH-018;
7.  JWH-019;
8.  JWH-020;
9.  JWH-030;
10.  JWH-046;
11.  JWH-047;
12.  JWH-048;
13.  JWH-049;
14.  JWH-050;
15.  JWH-070;
16.  JWH-071;
17.  JWH-072;
18.  JWH-073;
19.  JWH-076;
20.  JWH-079;
21.  JWH-080;
22.  JWH-081;
23.  JWH-082;
24.  JWH-094;
25.  JWH-096;
26.  JWH-098;
27.  JWH-116;
28.  JWH-120;
29.  JWH-122;
30.  JWH-145;
31.  JWH-146;
32.  JWH-147;
33.  JWH-148;
34.  JWH-149;
35.  JWH-150;
36.  JWH-156;
37.  JWH-167;
38.  JWH-175;
39.  JWH-180;
40.  JWH-181;
41.  JWH-182;
42.  JWH-184;
43.  JWH-185;
44.  JWH-189;
45.  JWH-192;
46.  JWH-193;
47.  JWH-194;
48.  JWH-195;
49.  JWH-196;
50.  JWH-197;
51.  JWH-198;
52.  JWH-199;
53.  JWH-200;
54.  JWH-201;
55.  JWH-202;
56.  JWH-203;
57.  JWH-204;
58.  JWH-205;
59.  JWH-206;
60.  JWH-207;
61.  JWH-208;
62.  JWH-209;
63.  JWH-210;
64.  JWH-211;
65.  JWH-212;
66.  JWH-213;
67.  JWH-234;
68.  JWH-235;
69.  JWH-236;
70.  JWH-237;
71.  JWH-239;
72.  JWH-240;
73.  JWH-241;
74.  JWH-242;
75.  JWH-243;
76.  JWH-244;
77.  JWH-245;
78.  JWH-246;
79.  JWH-248;
80.  JWH-249;
81.  JWH-250;
82.  JWH-251;
83.  JWH-252;
84.  JWH-253;
85.  JWH-262;
86.  JWH-292;
87.  JWH-293;
88.  JWH-302;
89.  JWH-303;
90.  JWH-304;
91.  JWH-305;
92.  JWH-306;
93.  JWH-307;
94.  JWH-308;
95.  JWH-311;
96.  JWH-312;
97.  JWH-313;
98.  JWH-314;
99.  JWH-315;
100.  JWH-316;
101.  JWH-346;
102.  JWH-348;
103.  JWH-363;
104.  JWH-364;
105.  JWH-365;
106.  JWH-367;
107.  JWH-368;
108.  JWH-369;
109.  JWH-370;
110.  JWH-371;
111.  JWH-373;
112.  JWH-386;
113.  JWH-387;
114.  JWH-392;
115.  JWH-394;
116.  JWH-395;
117.  JWH-397;
118.  JWH-398;
119.  JWH-399;
120.  JWH-400;
121.  JWH-412;
122.  JWH-413;
123.  JWH-414;
124.  JWH-415;
125.  CP-55, 940;
126.  CP-47, 497;
127.  HU-210;
128.  HU-211;
129.  WIN-55, 212-2; 
130.  AM-2201;
131.  AM-2233; and
132.  JWH-018 adamantyl-carboxamide;
133.  AKB48;
134.  JWH-122 N-(4-pentenyl)analog;
135.  MMAM2201;
136.  URB597;
137.  URB602;
138.  URB754;
139.  UR144;
140.  XLR11;
141.  A-796,260; and
142.  STS-135.
SECTION 3.     AMENDATORY     63 O.S. 2011, Section 2-206, is amended to read as follows:
Section 2-206.  The controlled substances listed in this section are included in Schedule II.
A.  Any of the following substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
1.  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
2.  Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph 1 of this subsection, but not including the isoquinoline alkaloids of opium;
3.  Opium poppy and poppy straw; or
4.  Coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers and salts of isomers; or any compound, mixture or preparation which contains any quantity of any of the substances referred to in this paragraph.
B.  Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, when the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
1.  Alphaprodine;
2.  Anileridine;
3.  Bezitramide;
4.  Dihydrocodeine;
5.  Diphenoxylate;
6.  Fentanyl;
7.  Hydromorphone;
8.  Isomethadone;
9.  Levomethorphan;
10.  Levorphanol;
11.  Metazocine;
12.  Methadone;
13.  Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
14.  Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
15.  Oxycodone;
16.  Oxymorphone;
17.  Pethidine (Meperidine);
18.  Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine;
19.  Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate;
20.  Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
21.  Phenazocine;
22.  Piminodine;
23.  Racemethorphan;
24.  Racemorphan;
25.  Etorphine Hydrochloride salt only;
26.  Alfentanil hydrochloride;
27.  Levo-alphacetylmethadol;
28.  Codeine;
29.  Hydrocodone;
30.  Morphine;
31.  Remifentanil; or
32.  Sufentanil.
C.  Any substance which contains any quantity of:
1.  Methamphetamine, including its salts, isomers, and salts of isomers;
2.  Amphetamine, its salts, optical isomers, and salts of its optical isomers; or
3.  Nabilone; or
4.  Lisdexamfetamine.
D.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances having stimulant or depressant effect on the central nervous system:
1.  Phenmetrazine and its salts;
2.  Methylphenidate;
3.  Amobarbital;
4.  Pentobarbital; or
5.  Secobarbital.
SECTION 4.     AMENDATORY     63 O.S. 2011, Section 2-210, as amended by Section 4, Chapter 80, O.S.L. 2012 (63 O.S. Supp. 2012, Section 2-210), is amended to read as follows:
Section 2-210.  A.  Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant or depressant effect on the central nervous system:
1.  Chloral betaine;
2.  Chloral hydrate;
3.  Ethchlorvynol;
4.  Ethinamate;
5.  Meprobamate;
6.  Paraldehyde;
7.  Petrichloral;
8.  Diethylpropion;
9.  Phentermine;
10.  Pemoline;
11.  Chlordiazepoxide;
12.  Chlordiazepoxide and its salts, but not including chlordiazepoxide hydrochloride and clidinium bromide or chlordiazepoxide and water-soluble esterified estrogens;
13.  Diazepam;
14.  Oxazepam;
15.  Clorazepate;
16.  Flurazepam and its salts;
17.  Clonazepam;
18.  Barbital;
19.  Mebutamate;
20.  Methohexital;
21.  Methylphenobarbital;
22.  Phenobarbital;
23.  Fenfluramine;
24.  Pentazocine;
25.  Propoxyphene;
26.  Butorphanol;
27.  Alprazolam;
28.  Halazepam;
29.  Lorazepam;
30.  Prazepam;
31.  Temazepam;
32.  Triazolam;
33.  Carisoprodol;
34.  Ephedrine, its salts, optical isomers, and salts of optical isomers as the only active ingredient, or in combination with other active ingredients;
35.  Dichloralphenazone;
36. 35.  Estazolam;
37. 36.  Eszopiclone;
38. 37.  Midazolam;
39. 38.  Modafinil;
40. 39.  Zaleplon; 
41. 40.  Zolpidem; or
42. 41.  Tramadol.
B.  1.  The following nonnarcotic substances, which may, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C., Section 301), be lawfully sold over the counter without a prescription, are excluded from all schedules of controlled substances under this title:
a.	Breathe-Aid,
b.	BronCare,
c.	Bronchial Congestion,
d.	Bronkaid Tablets,
e.	Bronkaid Dual Action Caplets,
f.	Bronkotabs,
g.	Bronkolixir,
h.	NeoRespin,
i.	Pazo Hemorrhoid Ointment and Suppositories,
j.	Primatene Tablets,
k.	Primatene "Dual Action" Formula,
l.	Quelidrine,
m.	Resp, and
n.	Vatronal Nose Drops.
2.  At the request of any person, the Director may exempt any other drug product containing ephedrine from being included as a Schedule IV controlled substance if such product:
a.	is labeled and marketed in a manner consistent with the pertinent OTC tentative final or final monograph issued by the FDA, and
b.	is manufactured and distributed for legitimate medicinal use and in a manner that reduces or eliminates the likelihood of abuse.
3.  In making a determination regarding a drug product, the Director, after notice and hearing, shall consider the following:
a.	the history and current pattern of abuse,
b.	the name and labeling of the product,
c.	the intended manner of distribution, advertising and promotion of the product, and
d.	other factors as may be relevant to and consistent with the public health and safety.
4.  The hearing shall be held in accordance with the Administrative Procedures Act.
5.  A list of current drug products meeting exemption requirements under this subsection may be obtained from the Bureau upon written request.
C.  The Board of Pharmacy may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection A of this section from the application of all or any part of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
SECTION 5.     AMENDATORY     63 O.S. 2011, Section 2-212, as amended by Section 2, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012, Section 2-212), is amended to read as follows:
Section 2-212.  A.  The controlled substances listed in this section are included in Schedule V.
1.  Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
a.	not more than two hundred (200) milligrams of codeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams,
b.	not more than one hundred (100) milligrams of dihydrocodeine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams,
c.	not more than one hundred (100) milligrams of ethylmorphine, or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams,
d.	not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit, or
e.	not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams.
2.  Any compound, mixture, or preparation containing any detectable quantity of base pseudoephedrine or ephedrine, its salts or optical isomers, or salts of optical isomers.  If any compound, mixture, or preparation as specified in this paragraph is dispensed, sold, or distributed in a pharmacy:
a.	it shall be dispensed, sold, or distributed only by, or under the supervision of, a licensed pharmacist or a registered pharmacy technician,
b.	a service charge not to exceed the purchase price of the product, mixture or preparation may be assessed and collected by the licensed pharmacist or registered pharmacy technician at the point of sale from the person seeking to purchase, receive or otherwise acquire a pseudoephedrine product or products.  Upon receipt of payment of the service charge, the licensed pharmacist or registered pharmacy technician shall access the methamphetamine offender registry and verify whether the person is an individual who is listed on the methamphetamine offender registry.  Upon verification that the person is an individual who is not listed on the methamphetamine offender registry, the service charge shall be deducted from the total purchase price of the pseudoephedrine product or products.  Upon verification that the person is an individual who is listed on the methamphetamine offender registry, the person shall be prohibited from purchasing the pseudoephedrine product or products and shall be required to forfeit the service charge previously collected by the licensed pharmacist or registered pharmacy technician.  Any pharmacy that requires the assessment and collection of a service charge for pseudoephedrine products shall post a clear and conspicuous sign at each public entrance to the place of business and at each register within the pharmacy that provides notice to customers of the pharmacy that a service charge shall be assessed and collected for pseudoephedrine products and, upon verification that the person is listed on the methamphetamine offender registry, the service charge shall be forfeited and retained by the pharmacy, and
c.	any person who is not an individual listed on the  methamphetamine offender registry that is purchasing, receiving, or otherwise acquiring any compound, mixture, or preparation shall produce a driver license, passport, military identification, or other state-issued identification card and shall sign a written or electronic log, receipt, or other program or mechanism approved by the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, showing:
(1)	the date and time of the transaction,
(2)	name, address and date of birth of the purchaser,
(3)	driver license number, passport, military identification, or state-issued identification number and state of residence of the purchaser,
(4)	name and initials of the pharmacist or pharmacy technician conducting the transaction,
(5)	the product being sold, and
(6)	total quantity, in grams, of base pseudoephedrine or ephedrine purchased, and
(7)	attestation by the person receiving the compound, mixture or preparation that the person is not subject to the Methamphetamine Offender Registry Act.
No person shall purchase, receive, or otherwise acquire more than three and six-tenths (3.6) grams of any product, mixture, or preparation per day or more than seven and two-tenths (7.2) grams of any product, mixture, or preparation within any thirty-day period, or sixty (60) grams of any product, mixture, or preparation within a twelve-month period.  Once a person has purchased, received or otherwise acquired the daily limit of three and six-tenths (3.6) grams of any product, mixture or preparation, the person shall be prohibited from purchasing, receiving or otherwise acquiring any additional product, mixture or preparation containing any detectable quantity of base pseudoephedrine or ephedrine for a period of not less than seventy-two (72) hours following the last permitted purchase.  The requirements of this paragraph shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription.  There shall be no protocol or procedure mandated by any individual or corporate entity that interferes with the professional duty of a pharmacist to counsel and evaluate the appropriate pharmaceutical needs of a patient and the exercise of the professional judgment of a pharmacist as to whether it is appropriate to dispense medication as set forth in this paragraph or otherwise.
3.  Any compound, mixture, or preparation containing any detectable quantity of pregabalin.
B.  The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, by rule, may exempt other products from this Schedule which the Director finds are not used in the illegal manufacture of methamphetamine or other controlled dangerous substances.  A manufacturer of a drug product may apply for removal of the product from the Schedule if the product is determined by the Director to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.
SECTION 6.     AMENDATORY     63 O.S. 2011, Section 2-309D, as amended by Section 1, Chapter 51, O.S.L. 2012 (63 O.S. Supp. 2012, Section 2-309D), is amended to read as follows:
Section 2-309D.  A.  The information collected at the central repository pursuant to the Anti-Drug Diversion Act shall be confidential and shall not be open to the public.  Access to the information shall be limited to:
1.  Peace officers certified pursuant to Section 3311 of Title 70 of the Oklahoma Statutes who are employed as investigative agents of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
2.  The United States Drug Enforcement Administration Diversion Group Supervisor;
3.  The executive director or chief investigator, as designated by each board, of the following state boards:
a.	Board of Podiatric Medical Examiners,
b.	Board of Dentistry,
c.	State Board of Pharmacy,
d.	State Board of Medical Licensure and Supervision,
e.	State Board of Osteopathic Examiners,
f.	State Board of Veterinary Medical Examiners, and
g.	Oklahoma Health Care Authority;
provided, however, that the executive director or chief investigator of each of these boards shall be limited to access to information relevant to licensees of the employing board of such executive director or chief investigator; and
4.  A multicounty grand jury properly convened pursuant to the Multicounty Grand Jury Act.
B.  This section shall not prevent the disclosure access, at the discretion of the Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, of to investigative information to by peace officers and investigative agents of federal, state, county or municipal law enforcement agencies, district attorneys and the Attorney General in furtherance of criminal investigations or prosecutions within their respective jurisdictions, and to registrants in furtherance of efforts to guard against the diversion of controlled dangerous substances.
C.  This section shall not prevent the disclosure, at the discretion of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, of statistical information gathered from the central repository to the general public which shall be limited to types and quantities of controlled substances dispensed and the county where dispensed.
D.  Any unauthorized disclosure of any information collected at the central repository provided by the Anti-Drug Diversion Act shall be a misdemeanor.  Violation of the provisions of this section shall be deemed willful neglect of duty and shall be grounds for removal from office.
E.  Notwithstanding the provisions of subsection B, registrants shall have no requirement or obligation to access or check the information in the central repository prior to dispensing or administering medications or as part of their professional practices.  Registrants shall not be liable to any person for any claim of damages as a result of accessing or failing to access the information in the central repository and no lawsuit may be predicated thereon.  Nothing herein shall be construed to relieve a registrant from any duty to monitor and report the sales of certain products pursuant to subsection E of Section 2-309C of this title.
F.  Information regarding nonfatal overdoses, other than statistical information as required by Section 2-106 of this title, shall be completely confidential.  Access to this information shall be strictly limited to the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or designee, the Chief Medical Examiner, and the registrant that enters the information.  Registrants shall not be liable to any person for a claim of damages for information reported pursuant to the provisions of Section 2-105 of this title.
SECTION 7.     AMENDATORY     63 O.S. 2011, Section 2-312.1, is amended to read as follows:
Section 2-312.1  A.  A licensed practitioner as defined in Section 355 of Title 59 of the Oklahoma Statutes shall not prescribe, dispense, deliver, or administer an anabolic steroid or human growth hormone or cause an anabolic steroid or human growth hormone to be administered under the direction or supervision of the practitioner except for a valid medical purpose and in the course of a professional practice.  A valid medical purpose for the use of anabolic steroids or human growth hormones shall not include bodybuilding, muscle enhancement or increasing muscle bulk or strength of a person who is in good health.  This section shall not prohibit the use of anabolic steroids for the treatment of livestock or domestic animals in accordance with state or federal law.
B.  The prescribing, dispensing, delivering or administering of an anabolic steroid by a licensed practitioner in violation of the provisions of subsection A of this section shall be grounds for revocation or nonrenewal of the license of such licensed practitioner to practice in this state.  In addition, any licensed practitioner prescribing, dispensing, delivering or administering an anabolic steroid in violation of the provisions of subsection A of this section, upon conviction thereof shall be guilty of a felony punishable by imprisonment in the State Penitentiary custody of the Department of Corrections for a term of not more than three (3) years, or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.
C. As used in this section, “human growth hormone” means somatrem, somatropin or an analogue of somatrem or somatropin.
SECTION 8.     AMENDATORY     63 O.S. 2011, Section 2-332, is amended to read as follows:
Section 2-332.  A.  It shall be unlawful for a person to knowingly and unlawfully possess a drug product containing ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers with intent to use the product as a precursor to manufacture methamphetamine or another controlled substance.
B.  Except as provided in this subsection, possession of a drug product containing more than nine (9) seven and two-tenths (7.2) grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers shall constitute a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance.  The rebuttable presumption established by this subsection shall not apply to the following persons who are lawfully possessing drug products in the course of legitimate business:
1.  A retail distributor of drug products or wholesaler;
2.  A wholesale drug distributor, or its agents, licensed by the Board of Pharmacy;
3.  A manufacturer of drug products, or its agents, licensed by the Board of Pharmacy;
4.  A pharmacist licensed by the Board of Pharmacy; and
5.  A licensed healthcare professional possessing the drug products in the course of carrying out his profession.
C.  A violation of subsection A of this section shall be a felony punishable as provided for in subsection G of Section 2-401 of this title.
D.  Any wholesaler, manufacturer, or distributor of drug products containing pseudoephedrine or phenylpropanolamine, or their salts, isomers, or salts of isomers shall obtain a registration annually from the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.  Any such wholesaler, manufacturer, or distributor shall keep complete records of all transactions involving such drug products including the names of all parties involved in the transaction and amount of the drug products involved.  The records shall be kept readily retrievable and separate from all other invoices or records of transactions not involving such drug products, and shall be maintained for not less than three (3) years.
E.  As used in this section:
1.  “Manufacturer” means any person within this state who produces, compounds, packages, or in any manner initially prepares for sale or use any drug product described in subsection D of this section, or any such person in another state if they cause the products to be compounded, packaged, or transported into this state;
2.  “Wholesaler” means any person within this state or another state, other than a manufacturer, who sells, transfers, or in any manner furnishes a drug product described in subsection A of this section to any other person in this state for the purpose of being resold;
3.  “Distributor” means any person within this state or another state, other than a manufacturer or wholesaler, who sells, delivers, transfers, or in any manner furnishes a drug product described in subsection A of this section to any person who is not the ultimate user or consumer of the product; and
4.  “Readily retrievable” means available for inspection without prior notice at the registration address if that address is within the State of Oklahoma.  If the registration address is in a state other than Oklahoma, it means records must be furnished within three (3) working days by courier, facsimile, mail or electronic mail.
F.  Any substances possessed without a registration as provided in subsection D of this section shall be subject to forfeiture upon conviction for a violation of this section.
G.  In addition to any administrative penalties provided by law, any violation of subsection D of this section shall be a misdemeanor, punishable upon conviction by a fine only in an amount not more than Ten Thousand Dollars ($10,000.00).
SECTION 9.     AMENDATORY     63 O.S. 2011, Section 2-401, as amended by Section 4, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012, 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, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of 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, 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.
B.  Any person who violates the provisions of this section with respect to:
1.  A substance classified in Schedule I or II which is a narcotic drug, lysergic acid diethylamide (LSD), gamma butyrolactone, gamma hydroxyvalerate, gamma valerolactone, 1,4 butanediol, or gamma-hydroxybutyric acid as defined in Sections 2-204 and 2-208 of this title, upon conviction, shall be guilty of a felony and shall be sentenced to a term of imprisonment for not less than five (5) years nor more than life 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.  Any sentence to the custody of the Department of Corrections shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation except when the conviction is for a first offense;
2.  Any other controlled dangerous substance classified in Schedule I, II, III, or IV, upon conviction, shall be guilty of a felony and shall be sentenced to a term of imprisonment for not less than two (2) years nor more than life and a fine of not more than Twenty Thousand Dollars ($20,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.  Any sentence to the custody of the Department of Corrections shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation except when the conviction is for a first offense;
3.  A substance classified in Schedule V, upon conviction, shall be guilty of a felony and shall be sentenced to a term of imprisonment for not more than five (5) years and a fine of not more than One Thousand Dollars ($1,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment; or
4.  An imitation controlled substance as defined by Section 2-101 of this title, upon conviction, shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment in the county jail for a period of not more than one (1) year and a fine of not more than One Thousand Dollars ($1,000.00).  A person convicted of a second violation of the provisions of this paragraph shall be guilty of a felony and shall be sentenced to a term of imprisonment for not more than five (5) years and a fine of not more than Five Thousand Dollars ($5,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.
C.  1.  Except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services, it shall be unlawful for any person to manufacture, cultivate, distribute, or possess with intent to distribute a synthetic controlled substance or synthetic drug product.
2.  Any person convicted of violating the provisions of this paragraph is guilty of a felony and shall be punished by imprisonment for a term not to exceed life and a fine of not more than Twenty-five Thousand Dollars ($25,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.
3.  A second or subsequent conviction for the violation of the provisions of this paragraph is a felony punishable as a habitual offender pursuant to Section 51.1 of Title 21 of the Oklahoma Statutes.
4.  In addition, the violator shall be fined an amount 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.
D.  1.  Any person convicted of a second or subsequent felony violation of the provisions of this section, except for paragraph 4 of subsection B of this section, shall be punished as a habitual offender pursuant to Section 51.1 of Title 21 of the Oklahoma Statutes.
2.  In addition, the violator shall be fined twice the fine otherwise authorized, which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.
3.  Convictions for second or subsequent violations of the provisions of this section shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation.
E.  Any person who is at least eighteen (18) years of age and who violates the provisions of this section by using or soliciting the use of services of a person less than eighteen (18) years of age to distribute, dispense, transport with intent to distribute or dispense or cultivate a controlled dangerous substance or by distributing a controlled dangerous substance to a person under eighteen (18) years of age, is punishable by twice the fine and by twice the imprisonment otherwise authorized.
F.  Any person who violates any provision of this section by transporting with intent to distribute or dispense, distributing or possessing with intent to distribute a controlled dangerous substance to a person, or violation of subsection G of this section, in or on, or within two thousand (2,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, public housing project, or child care facility as defined by Section 402 of Title 10 of the Oklahoma Statutes, shall be punished by:
1.  For a first offense, a term of imprisonment, or by the imposition of a fine or by both, not exceeding twice that authorized by the appropriate provision of this section and shall serve a minimum of fifty percent (50%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of the sentence; or
2.  For a second or subsequent offense, a term of imprisonment as provided for a habitual offender pursuant to Section 51.1 of Title 21 of the Oklahoma Statutes.  In addition, the violator shall serve eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of the sentence or eligibility for parole.
G.  1.  Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance or possess any substance listed in Section 2-322 of this title or any substance containing any detectable amount of pseudoephedrine or its salts, optical isomers or salts of optical isomers, iodine or its salts, optical isomers or salts of optical isomers, hydriodic acid, sodium metal, lithium metal, anhydrous ammonia, phosphorus, or organic solvents with the intent to use that substance to manufacture a controlled dangerous substance.
2.  Any person violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance, or possessing any substance listed in this subsection or Section 2-322 of this title, upon conviction, is guilty of a felony and shall be punished by imprisonment for not less than seven (7) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.  The possession of any amount of anhydrous ammonia in an unauthorized container shall be prima facie evidence of intent to use such substance to manufacture a controlled dangerous substance.
3.  Any person violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance in the following amounts:
a.	one (1) kilogram or more of a mixture or substance containing a detectable amount of heroin,
b.	five (5) kilograms or more of a mixture or substance containing a detectable amount of:
(1)	coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed,
(2)	cocaine, its salts, optical and geometric isomers, and salts of isomers,
(3)	ecgonine, its derivatives, their salts, isomers, and salts of isomers, or
(4)	any compound, mixture, or preparation which contains any quantity of any of the substances referred to in divisions (1) through (3) of this subparagraph,
c.	fifty (50) grams or more of a mixture or substance described in division (2) of subparagraph b of this paragraph which contains cocaine base,
d.	one hundred (100) grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
e.	ten (10) grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
f.	four hundred (400) grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide,
g.	one thousand (1,000) kilograms or more of a mixture or substance containing a detectable amount of marihuana or one thousand (1000) or more marihuana plants regardless of weight, or
h.	fifty (50) grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers,
upon conviction, is guilty of aggravated manufacturing a controlled dangerous substance punishable by imprisonment for not less than twenty (20) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.  Any person convicted of a violation of the provisions of this paragraph shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole.
4.  Any sentence to the custody of the Department of Corrections for any violation of paragraph 3 of this subsection shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation.  A person convicted of a second or subsequent violation of the provisions of paragraph 3 of this subsection shall be punished as a habitual offender pursuant to Section 51.1 of Title 21 of the Oklahoma Statutes and shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits or eligibility for parole.
5.  Any person who has been convicted of manufacturing or attempting to manufacture methamphetamine pursuant to the provisions of this subsection and who, after such conviction, purchases or attempts to purchase, receive or otherwise acquire any product, mixture, or preparation containing any detectable quantity of base pseudoephedrine or ephedrine shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twice the minimum term provided for in paragraph 2 of this subsection.
H.  Any person convicted of any offense described in the Uniform Controlled Dangerous Substances Act may, in addition to the fine imposed, be assessed an amount not to exceed ten percent (10%) of the fine imposed.  Such assessment shall be paid into a revolving fund for enforcement of controlled dangerous substances created pursuant to Section 2-506 of this title.
I.  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.
J.  For purposes of this section, “public housing project” means any dwelling or accommodations operated as a state or federally subsidized multifamily housing project by any housing authority, nonprofit corporation or municipal developer or housing projects created pursuant to the Oklahoma Housing Authorities Act.
K.  When a person is found guilty of a violation of the provisions of this section, the court shall order, in addition to any other penalty, the defendant to pay a one-hundred-dollar assessment to be deposited in the Drug Abuse Education and Treatment Revolving Fund created in Section 2-503.2 of this title, upon collection.
SECTION 10.     AMENDATORY     63 O.S. 2011, Section 2-701, as amended by Section 5, Chapter 206, O.S.L. 2012 (63 O.S. Supp. 2012, Section 2-701), is amended to read as follows:
Section 2-701.  A.  There is hereby created within the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control a registry of persons who, after November 1, 2010, have been convicted, whether upon a verdict or plea of guilty or upon a verdict or plea of nolo contendere, or received a suspended sentence or any deferred or probationary term, or are currently serving a sentence or any form of probation or parole for a crime or attempt to commit a crime including, but not limited to, unlawful possession, conspiring, endeavoring, manufacturing, distribution or trafficking of a precursor or methamphetamines under the provisions of Section 2-322, 2-332, 2-401, 2-402, 2-408 or 2-415 of this title, or any crime including, but not limited to, crimes involving the possession, distribution, manufacturing or trafficking of methamphetamines or illegal amounts of or uses of pseudoephedrine in any federal court, Indian tribal court, or any court of another state if the person is a resident of the State of Oklahoma or seeks to remain in the State of Oklahoma in excess of ten (10) days.
B.  It shall be unlawful for any person subject to the registry created in subsection A of this section to purchase, possess or have control of any Schedule V compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.  A prescription for pseudoephedrine shall not provide an exemption for any person to this law.  Any person convicted of violating the provisions of this subsection shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years and not more than ten (10) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
C.  The registry created in subsection A of this section shall be maintained by the Bureau.  The registry shall be made available for registrants who sell or dispense pseudoephedrine-related products and to law enforcement agencies for law enforcement purposes through the electronic methamphetamine precursor tracking service.  The electronic methamphetamine precursor tracking service shall generate a stop-sale alert on any sale of pseudoephedrine to any individual listed on the methamphetamine offender registry in real time.
D.  The registry shall consist of the following information:
1.  Name and address of the person;
2.  Date of birth of the person;
3.  The offense or offenses which made the person eligible for inclusion on the registry;
4.  The date of conviction or the date that a plea of guilty or nolo contendere was accepted by the court for any violation of an offense provided for in subsection A of this section;
5.  The county where the offense or offenses occurred; and
6.  Such other identifying data as the Bureau determines is necessary to properly identify the person.
E.  Beginning November 1, 2010, all district court clerks shall forward a copy of the judgment and sentence or other applicable information relating to the disposition of the criminal case and date of birth of all persons who are subject to the provisions of the Oklahoma Methamphetamine Offender Registry Act for a violation of the offenses described in subsection A of this section to the Bureau.  The information shall be sent in an electronic format in a manner prescribed by the Bureau within ten (10) days of the date of final disposition of the case.  Any person subject to the registry pursuant to subsection A of this section, having received a deferred sentence or conviction in a federal court, Indian tribal court, or any court of another state, shall be required to register and submit a methamphetamine offender registration form in a format prescribed by the Bureau within ten (10) days of entering the State of Oklahoma or if incarcerated in a federal institution within the boundaries of Oklahoma, within ten (10) days of release from the institution.  Failure Knowingly failing to submit the form required by this subsection shall constitute a misdemeanor.
F.  Upon receipt of the information provided by the district court clerk, the Bureau shall transmit in an electronic format to the electronic methamphetamine precursor tracking service at least every seven (7) days the name of any person placed on the methamphetamine offender registry as provided in this section.  The information transmitted to the electronic tracking service shall include the first, middle, and last name of the person, and the address and the date of birth of the person.  The electronic methamphetamine precursor tracking service shall be designed to generate a stop-sale alert for any person who is on the methamphetamine offender registry and whose name, address and date of birth have been transmitted by the Bureau to the electronic tracking service.
G.  The Bureau shall remove from the methamphetamine offender registry the name and other identifying information of a person who has been convicted of a violation of any of the offenses described in subsection A of this section ten (10) years after the date of the most recent judgment and sentence.  Any person having received a deferred sentence that expires prior to the ten-year time limitation may apply to the Bureau to be removed from the registry upon the completion of the deferred sentence by providing to the Bureau a certified copy of the dismissal of the case by certified mail.  The Bureau may remove the person from the methamphetamine offender registry upon expiration of the deferred sentence.  The Bureau shall also be required to notify the provider of the electronic methamphetamine precursor tracking service when a person is removed from the methamphetamine offender registry.  Upon notification from the Bureau, the provider of the electronic tracking service shall remove the name of the person from the electronic methamphetamine precursor tracking service and the person shall thereafter be permitted to purchase pseudoephedrine-related products.
H.  It shall be a violation for any person to assist another person who is subject to the registry in the purchase of any pseudoephedrine products.  Any person convicted of violating the provisions of this subsection shall, for a first offense, be guilty of a misdemeanor, punishable by incarceration 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 by both such fine and imprisonment.  Any second or subsequent conviction for a violation of this subsection shall be a felony, punishable by incarceration in the custody of the Department of Corrections for not more than two (2) years, or by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) or by both such fine and imprisonment.  For the purposes of this subsection, knowledge that a person was subject to the methamphetamine offender registry may be proven through court testimony or any other public notice or publicly available record including, but not limited to, court records maintained by the Oklahoma Supreme Court Network and the Oklahoma Court Information System.
I.  On or prior to November 1, 2011, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall maintain a methamphetamine offender registry website available for viewing by the public.
J.  For the purposes of this section, knowledge that a person was subject to the methamphetamine offender registry may be proven through court testimony or any other public notice or publicly available record including, but not limited to, court records maintained by the Oklahoma Supreme Court Network and the Oklahoma Court Information System.
SECTION 11.  This act shall become effective November 1, 2013.

54-1-5238	GRS	01/17/13