ENGROSSED SENATE
BILL NO. 237	By:	David and Ivester of the Senate

			and

		Ritze of the House

An Act relating to Uniform Controlled Dangerous Substances; amending 63 O.S. 2001, Section 2-407.1, as amended by Section 8, Chapter 396, O.S.L. 2004 (63 O.S. Supp. 2010, Section 2-407.1), which relates to prohibited uses of compounds, liquids, or chemicals; prohibiting certain uses and conduct related to certain substance; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     63 O.S. 2001, Section 2-407.1, as amended by Section 8, Chapter 396, O.S.L. 2004 (63 O.S. Supp. 2010, Section 2-407.1), is amended to read as follows:
Section 2-407.1  A.  For the purpose of inducing intoxication or distortion or disturbance of the auditory, visual, muscular, or mental process, no person shall ingest, use, or possess any compound, liquid, or chemical which contains ethylchloride, butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or any of their esters, isomers, or analogues, or any other similar compound.
B.  No person shall ingest, inhale, use, possess, or distribute any naturally occurring substance, compound, liquid, or chemical including, but not limited to, Datura Stramonium commonly known as Jimson weed or Jimson weed seeds for the purpose of inducing intoxication or distortion or disturbance of the auditory, visual, muscular, or mental process.
C.  No person shall possess, buy, sell, or otherwise transfer any substance specified in subsection A or B of this section for the purpose of inducing or aiding any other person to inhale or ingest such substance or otherwise violate the provisions of this section.
C. D.  The provisions of subsections A, and B and C of this section shall not apply to:
1.  The possession and use of a substance specified in subsection A of this section which is used as part of the care or treatment by a licensed physician of a disease, condition or injury or pursuant to a prescription of a licensed physician; and
2.  The possession of a substance specified in subsection A of this section which is used as part of a known manufacturing process or industrial operation when the possessor has obtained a permit from the State Department of Health.
D. E.  The State Board of Health shall promulgate rules and regulations establishing procedures for the application, form and issuance of a permit to legitimate manufacturing and industrial applicants as provided for in subsection C D of this section.
E. F.  Any person convicted of violating any provision of subsection A or, B or C of this section shall be guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed ninety (90) days or by the imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.  Each violation shall be considered a separate offense.
F. G.  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.
SECTION 2.  This act shall become effective July 1, 2011.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 8th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives