ENROLLED HOUSE
BILL NO. 2942	By:	Derby and Ritze of the House

				and

		Anderson of the Senate

An Act relating to public health and safety; amending 63 O.S. 2011, Section 2-101, which relates to definitions of the Uniform Controlled Dangerous Substances Act; modifying certain definition; amending 63 O.S. 2011, Sections 2-204, 2-208 and 2-210, which relate to the Uniform Controlled Dangerous Substances Act; adding certain substances to Schedule I, Schedule III and Schedule IV; amending 63 O.S. 2011, Section 2-309, which relates to prescriptions; authorizing use of electronic prescribing methods; amending 63 O.S. 2011, Section 2-309C, which relates to the Anti-Drug Diversion Act; deleting exception to transmission requirement for nonresident drug outlets; amending 63 O.S. 2011, Section 2-329, which relates to drug cleanup fines; making the imposition of cleanup fines discretionary; modifying fine amounts; providing and updating statutory references; and providing an effective date.

SUBJECT:  Controlled Dangerous Substances

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     63 O.S. 2011, Section 2-101, is amended to read as follows:

Section 2-101.  As used in the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title:

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.  "Board" means the Advisory Board to the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

4.  "Bureau" means the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

5.  "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.  "Commissioner" or "Director" means the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

7.  "Control" means to add, remove or change the placement of a drug, substance or immediate precursor under the Uniform Controlled Dangerous Substances Act;

8.  "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.  "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.  "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.  "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.  "Distribute" means to deliver other than by administering or dispensing a controlled dangerous substance;

13.  "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.  "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.  "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.  "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.  "Home care services" means skilled or personal care services provided to clients in their place of residence for a fee;

18.  "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.  "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.  "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;

21.  "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.  "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.  "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.  "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.  "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.  "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.  "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.  "Opium poppy" means the plant of the species Papaver somniferum L., except the seeds thereof;

29.  "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.  "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;

31.  "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing;

32.  "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.  "Production" includes the manufacture, planting, cultivation, growing or harvesting of a controlled dangerous substance;

34.  "State" means the State of Oklahoma or any other state of the United States;

35.  "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, whether synthetic or naturally occurring, that is not: 

(1)	the chemical structure of which is substantially similar to the chemical structure of a controlled dangerous substance, but which produces a like or similar physiological or psychological effect on the human in Schedule I or II,

(2)	which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that currently has no accepted medical use in treatment in the United States and has a potential for abuse.  The court or authority concerned with establishing that the substance is a synthetic controlled substance should consider, in addition to all other factors, the following factors as related to "representations made" in determining whether the substance 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:

a.	statements made by an owner or by any other person in control of the substance concerning the nature of the substance, its use or effect,

b.	statements made to the recipient that the substance may be resold for an inordinate profit,

c.	prior convictions, if any, of an owner or any person in control of the substance, under state or federal law related to controlled dangerous substances, and

d.	the proximity of the substance to any.

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, 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-Methyenedioxypyrovalerone 3,4-Methylenedioxypyrovalerone (MDPV);

61.  4-Methylmethcathinone (Mephedrone);

62.  4-methoxymethcathinone;

63.  4-Fluoromethcathinone; or

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;

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).

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 quantity of a synthetic chemical compound that

is a cannabinoid receptor agonist and mimics the pharmacological

effect of naturally occurring substances including:

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; and

130.  AM-2201;

131.  AM-2233; and

132.  JWH-018 adamantyl-carboxamide.

SECTION 3.     AMENDATORY     63 O.S. 2011, Section 2-208, is amended to read as follows:

Section 2-208.  The controlled substances listed in this section are included in Schedule III.

A.  Unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances or any other substance having a potential for abuse associated with a stimulant or depressant effect on the central nervous system:

1.  Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid unless specifically excepted or unless listed in another schedule Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application has been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act;

2.  Chlorhexadol Any material, compound, mixture, or preparation which contains any quantity of the following hormonal substances or steroids, including their salts, isomers, esters and salts of isomers and esters, when the existence of these salts, isomers, esters, and salts of isomers and esters is possible within the specific chemical designation:

a.	Boldenone,

b.	Chlorotestosterone,

c.	Clostebol,

d.	Dehydrochlormethyltestosterone,

e.	Dihydrotestosterone,

f.	Drostanolone,

g.	Ethylestrenol,

h.	Fluoxymesterone,

i.	Formebolone,

j.	Mesterolone,

k.	Methandienone,

l.	Methandranone,

m.	Methandriol,

n.	Methandrostenolone,

o.	Methenolone,

p.	Methyltestosterone, except as provided in subsection E of this section,

q.	Mibolerone,

r.	Nandrolone,

s.	Norethandrolone,

t.	Oxandrolone,

u.	Oxymesterone,

v.	Oxymetholone,

w.	Stanolone,

x.	Stanozolol,

y.	Testolactone,

z.	Testosterone, except as provided in subsection E of this section, and

aa.	Trenbolone;

3.  Glutethimide Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid; 

4.  Lysergic acid Benzephetamine and its salts;

5.  Lysergic acid amide Buprenorphine;

6.  Methyprylon Butalbital/acetaminophen/caffeine;

7.  Sulfondiethylmethane Chlorhexadol;

8.  Sulfonethylmethane Chlorphentermine and its salts;

9.  Sulfonmethane Clortermine;

10.  Benzephetamine and its salts Glutethimide;

11.  Chlorphentermine and its salts Hydrocodone with another active ingredient;

12.  Clortermine Ketamine, its salts, isomers, and salts of isomers;

13.  Mazindol Lysergic acid;

14.  Phendimetrazine Lysergic acid amide;

15.  Phenylacetone (P2P) Mazindol;

16.  1-Phenycyclohexylamine Methyprylon;

17.  1-Piperidinocychexanecarbo nitrile (PCC) Phendimetrazine;

18.  Ketamine, its salts, isomers, and salts of isomers Phenylacetone (P2P);

19.  Any material, compound, mixture, or preparation which contains any quantity of the following hormonal substances or steroids, including their salts, isomers, esters and salts of isomers and esters, when the existence of these salts, isomers, esters, and salts of isomers and esters is possible within the specific chemical designation:

a.	Boldenone,

b.	Chlorotestosterone,

c.	Clostebol,

d.	Dehydrochlormethyltestosterone,

e.	Dihydrotestosterone,

f.	Drostanolone,

g.	Ethylestrenol,

h.	Fluoxymesterone,

i.	Formebolone,

j.	Mesterolone,

k.	Methandienone,

l.	Methandranone,

m.	Methandriol,

n.	Methandrostenolone,

o.	Methenolone,

p.	Methyltestosterone, except as provided in subsection E of this section,

q.	Mibolerone,

r.	Nandrolone,

s.	Norethandrolone,

t.	Oxandrolone,

u.	Oxymesterone,

v.	Oxymetholone,

w.	Stanolone,

x.	Stanozolol,

y.	Testolactone,

z.	Testosterone, except as provided in subsection E of this section, and

aa.	Trenbolone Sulfondiethylmethane;

20.  Tetrahydrocannibinols Sulfonethylmethane;

21.  Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application has been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act Sulfonmethane;

22.  Buprenorphine; or Tetrahydrocannibinols;

23.  Hydrocodone with another active ingredient 1-Phenycyclohexylamine; or

24.  1-Piperidinocychexanecarbo nitrile (PCC).

Livestock implants as regulated by the Federal Food and Drug Administration shall be exempt.

B.  Nalorphine.

C.  Unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

1.  Not more than one and eight-tenths (1.8) grams of codeine or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

2.  Not more than one and eight-tenths (1.8) grams of codeine or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

3.  Not more than one and eight-tenths (1.8) grams of dihydrocodeine or any of its salts, per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

4.  Not more than three hundred (300) milligrams of ethylmorphine or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;

5.  Not more than five hundred (500) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams, or not more than twenty-five (25) milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; or

6.  Not more than fifty (50) milligrams of morphine or any of its salts, per one hundred (100) milliliters or per one hundred (100) grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

D.  The Board of Pharmacy may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections A and B of this section from the application of all or any part of the Uniform Controlled Dangerous Substances Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or 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 stimulant or depressant effect on the central nervous system.

E.  The following hormonal substances or steroids are exempt from classification as Schedule III controlled dangerous substances:

1.  Estratest, containing 1.25 mg esterified estrogens and 2.5 mg methyltestosterone;

2.  Estratest HS, containing 0.625 mg esterified estrogens and 1.25 mg methyltestosterone;

3.  Premarin with Methyltestosterone, containing 1.25 mg conjugated estrogens and 10.0 mg methyltestosterone;

4.  Premarin with Methyltestosterone, containing 0.625 mg conjugated estrogens and 5.0 mg methyltestosterone;

5.  Testosterone Cypionate - Estrodiol Cypionate injection, containing 50 mg/ml Testosterone Cypionate; and

6.  Testosterone Enanthate - Estradiol Valerate injection, containing 90 mg/ml Testosterone Enanthate and 4 mg/ml Estradiol Valerate.

SECTION 4.     AMENDATORY     63 O.S. 2011, 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.  Estazolam;

37.  Eszopiclone;

38.  Midazolam;

39.  Modafinil;

40.  Zaleplon; or

41.  Zolpidem; or

42.  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 2-309, is amended to read as follows:

Section 2-309.  A.  1.  Except for dosages medically required for a period not to exceed forty-eight (48) hours which are administered by or on direction of a practitioner, other than a pharmacist, or medication dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled dangerous substance included in Schedule II, which is a prescription drug as determined under regulation promulgated by the Board of Pharmacy, may be dispensed without the written prescription of a practitioner; provided, that, in emergency situations, as prescribed by the Board of Pharmacy by regulation, such drug may be dispensed upon oral prescription reduced promptly to writing and filed by the pharmacist in a manner to be prescribed by rules and regulations of the Director.

2.  Electronic prescribing may be utilized for Schedules II, III, IV and V, subject to the requirements set forth in 21 CFR, Section 1311, et seq.

3.  The transmission of written prescription by practitioner to dispensing pharmacy by facsimile or electronic transmission with electronic signature is permitted only under the following conditions:

a.	for Schedule II drugs, the original prescription must be presented and verified against the facsimile at the time the substances are actually dispensed, and the original document must be properly annotated and retained for filing, except:

(1)	home infusion pharmacy may consider the facsimile to be a "written prescription" as required by this act and as required by Title 21 U.S.C., Section 829(a).  The facsimile copy of the prescription shall be retained as an original prescription, and it must contain all the information required by this act and 21 CFR, Section 1306.05(a), including date issued, the patient's full name and address, and the practitioner's name, address, DEA registration number, and signature.  The exception to the regulations for home infusion/IV therapy is intended to facilitate the means by which home infusion pharmacies obtain prescriptions for patients requiring the frequently modified parenteral controlled release administration of narcotic substances, but does not extend to the dispensing of oral dosage units of controlled substances, and

(2)	the same exception is granted to patients in Long Term Care facilities (LTCF), which are filled by and delivered to the facility by a dispensing pharmacy, and

(3)	electronic prescriptions with electronic signatures may serve as an original prescription, subject to the requirements set forth in 21 CFR, Section 1311 et seq., and

b.	for drugs in Schedules III and IV, a facsimile copy of a written, signed prescription transmitted directly by the prescribing practitioner to the pharmacy can serve as an original prescription.  Electronic prescribing may be utilized for Schedules III and IV subject to the same requirements as set forth in 21 CFR, Section 1311 et seq.

3.  Prescriptions shall be retained in conformity with the requirements of this section and Section 2-307 of this title.  No prescription for a Schedule II substance may be refilled.

B.  1.  Except for dosages medically required for a period not to exceed forty-eight (48) hours which are administered by or on direction of a practitioner, other than a pharmacist, or medication dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled dangerous substance included in Schedule III or IV, which is a prescription drug as determined under regulation promulgated by the Board of Pharmacy, may be dispensed without a written or oral prescription.

2.  A written or oral prescription for a controlled dangerous substance in Schedule III or IV may not be filled or refilled more than six (6) months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner.

C.  No controlled dangerous substance included in Schedule V may be distributed or dispensed other than for a legitimate medical or scientific purpose.

D.  Except for dosages medically required for a period not to exceed forty-eight (48) hours which are administered by or on direction of a practitioner, other than a pharmacist, or medication dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, tincture opium camphorated, commonly known as paregoric, may not be dispensed without a written or oral prescription.  The refilling of a prescription for paregoric shall be unlawful unless permission is granted by the prescriber, either written or oral.

E.  Whenever it appears to the Director that a drug not considered to be a prescription drug under existing state law or regulation of the Board of Pharmacy should be so considered because of its abuse potential, he shall so advise the Board of Pharmacy and furnish to him all available data relevant thereto.

F.  "Prescription", as used herein, means a written or oral order by a practitioner to a pharmacist for a controlled dangerous substance for a particular patient, which specifies the date of its issue, and the full name and address of the patient; if the controlled dangerous substance is prescribed for an animal, the species of the animal; the name and quantity of the controlled dangerous substance prescribed; the directions for use; the name and address of the owner of the animal and, if written, the signature of the practitioner.

G.  No person shall solicit, dispense, receive or deliver any controlled dangerous substance through the mail, unless the ultimate user is personally known to the practitioner and circumstances clearly indicate such method of delivery is in the best interest of the health and welfare of the ultimate user.

SECTION 6.     AMENDATORY     63 O.S. 2011, Section 2-309C, is amended to read as follows:

Section 2-309C.  A.  A dispenser of a Schedule II, III, IV or V controlled dangerous substance including any compound mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers when dispensed pursuant to a valid prescription shall transmit to a central repository designated by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control using the American Society for Automation in Pharmacy’s (ASAP) Telecommunications Format for Controlled Substances version designated in rules by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the following information for each dispensation to a recipient or agent of a recipient:

1.  Recipient’s name Name;

2.  Recipient’s address Address;

3.  Recipient’s date Date of birth;

4.  Recipient’s identification Identification number;

5.  National Drug Code number of the substance dispensed;

6.  Date of the dispensation;

7.  Quantity of the substance dispensed;

8.  Prescriber’s United States Drug Enforcement Agency registration number;

9.  Dispenser’s registration number; and

10.  Other information as required by administrative rule.

B.  The information required by this section shall be transmitted:

1.  In a format or other media designated acceptable by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; and

2.  Within twenty-four (24) hours of the time that the substance is dispensed.  Beginning January 1, 2012, all information shall be submitted on a real-time log.

C.  When a prescription is written or dispensed to a resident of a nursing home or a person who is under the care of a hospice program licensed pursuant to the provisions of the Oklahoma Hospice Licensing Act who does not have an identification card issued by the state or another form of a recipient identification number pursuant to Section 2-309B of this title, a Social Security number may be used for the purpose of complying with the reporting requirements provided for in this section.

D.  The provisions of subsection B of this section shall not apply to a nonresident drug outlet registered pursuant to the Oklahoma Pharmacy Act or to a resident drug outlet as defined in Section 353.1 of Title 59 of the Oklahoma Statutes if the nonresident or resident drug outlet mails or delivers a controlled substance to a patient or client.  Nonresident and resident drug outlets shall transmit the information required in this section within seven (7) days of the date that the controlled substance is dispensed.

E.  Willful failure to transmit accurate information as required by this section shall be a misdemeanor punishable, upon conviction, by not more than one (1) year in the county jail, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine, or administrative action may be taken pursuant to Section 2-304 of this title.

F. E.  The Director of the Bureau shall have the authority to allow paper submissions on a form designated by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, if the dispenser has an appropriate hardship.

G. F.  The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control is authorized, by any funds available to it, to implement a real-time electronic logbook to monitor the sale of nonprescription Schedule V products containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.  Dispensers of such pseudoephedrine products shall report all such sales electronically pursuant to rules promulgated by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.

H. G.  The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall have the authority to adopt rules for the reporting of sales of Schedule V product containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.

SECTION 7.     AMENDATORY     63 O.S. 2011, Section 2-329, is amended to read as follows:

Section 2-329.  A.  In addition to any fine or imprisonment imposed under Section 10 2-328 of this act title, the following drug cleanup fine shall may be imposed:

1.  Up to Ten Thousand Dollars ($10,000.00) for violations described in subsection A of Section 10 2-328 or Section 2-401 of this act title; and

2.  Up to One Hundred Thousand Dollars ($100,000.00) for violations described in subsections C, D or E of Section 10 2-328 of this act title.

B.  All fines collected under this section shall be transferred to the OSBI Bureau of Narcotics Revolving Fund, pursuant to Section 150.19a 2-107 of Title 74 of the Oklahoma Statutes this title.

SECTION 8.  This act shall become effective November 1, 2012.

Passed the House of Representatives the 12th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 10th day of April, 2012.

	
Presiding Officer of the Senate