Distribution of a Controlled Dangerous Substance (CDS) in Oklahoma – Law & Punishment

charged distribution cds oklahomaIt’s illegal to distribute a controlled dangerous substance (CDS) in Oklahoma. The official definition of “distribute a CDS” is to “deliver other than by administering or dispensing a controlled dangerous substance.” “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a CDS from one person to another. This applies whether there’s an agency relationship.

There’s no minimum quantity of drugs required to be charged with this crime. A prosecutor isn’t required to establish that any traceable or specific usable quantity of a prohibited narcotic substance was involved. The quantity of the drug involved does not need to be sufficient to produce a stimulating or depressing effect on the nervous system. There’s no requirement that a sale occur. While a sale will certainly count as “distribution,” no money needs to be exchanged to be found guilty of this crime. Therefore, the prohibited conduct includes not only dealing and selling, but also sharing with or dividing among persons any contraband drug. The element of compensation is irrelevant. Merely giving illegal drugs to someone is enough to constitute the commission of this crime.

Punishment for Distribution of a Controlled Dangerous Substance in Oklahoma

This crime is a felony. The penalties are listed below. The schedule of CDS distributed is irrelevant.

 Prison TimeFine
1st Offense≤ 10 yrs≤ $25,000
2nd Offense2-20 yrsN/A
3rd Offense10 yrs-lifeN/A

Using or Soliciting a Minor to Distribute CDS

The punishment for distribution of a CDS is more severe for anyone 18 or older uses or solicits the use of services of someone under 18.

 Prison
1st Offense2 - 10 years
2nd Offense4 - 20 years
3rd+ Offense10 years - life

Distributing a CDS to a Minor

The punishment for distribution of a CDS is more severe for anyone 18 or older who distributes a CDS to someone under 18.

 Prison
1st Offense2 - 10 years
2nd Offense4 - 20 years
3rd+ Offense10 years - life

Distributing a CDS in the Presence of a Young Child

The punishment for distribution of a CDS is more severe for anyone 18 or older who distributes a CDS in the presence of a person under 12 years old.

 Prison
1st Offense2 - 10 years
2nd Offense4 - 20 years
3rd+ Offense10 years - life

Distributing a CDS Near a School, Park, Housing Project, or Child Care Facility

Distributing a CDS in, on, or within 2,000 ft 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 dramatically increases the punishment. Depending on the situation, the term of imprisonment will double or triple the punishment for distributing not near those locations.

Punishment when there’s not additional aggravating factors:

 PrisonFine
1st Offense≤ 30 yrs≤ $50,000
2nd Offense6-60 yrsN/A

Punishment when using a child to distribute a CDS, distributing a CDS to a minor, or distributing a CDS in the presence of a young child:

 PrisonFine
1st Offense4-20 yrs≤ $50,000
2nd Offense12-60 yrsN/A

Anyone convicted of a second and subsequent violation of this crime is not eligible for a suspended sentence, deferred sentence, or probation.

Distribution of a Synthetic Controlled Dangerous Substance in Oklahoma

A “synthetic controlled substance” is 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.

The designation of gamma butyrolactone or any other chemical as a precursor, pursuant to Oklahoma law, doesn’t preclude a finding that the chemical is a synthetic controlled substance. A “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 U.S. and Oklahoma law, 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.

Prima facie evidence that a substance containing salvia divinorum has been enhanced, concentrated or chemically or physically altered gives rise to a rebuttable presumption that the substance is a synthetic controlled substance.  

Punishment for Distribution of a Synthetic Controlled Dangerous Substance in Oklahoma

This crime is a felony. The penalties are listed below. The schedule of CDS distributed is irrelevant.

 Prison TimeFine
1st Offense≤ 10 yrs≤ $25,000
2nd Offense2-20 yrsN/A
3rd Offense10 yrs-lifeN/A

Distribution of an Imitation Controlled Substance

It’s illegal to distribute any imitation controlled substance in Oklahoma. There’s an exception for circumstances authorized by the Food and Drug Administration of the United States Department of Health and Human Services.  

An “Imitation controlled substance” is a substance that is not a controlled dangerous substance (CDS), 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 CDS. In the event the appearance of the fake drugs isn’t reasonably sufficient to establish that the substance is an “imitation controlled substance,” the  following factors will be examined as related to “representations made” in determining whether the substance is an “imitation controlled substance”:

  1. 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;
  2. statements made to the recipient that the substance may be resold for inordinate profit;
  3. whether the substance is packaged in a manner normally used for illicit controlled substances;
  4. evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
  5. 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
  6. the proximity of the substances to controlled dangerous substances.

Penalty for Distribution of an Imitation Controlled Substance in Oklahoma

The first offense is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $1,000. A second offense is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $5,000.

Sources: 63 O.S. § 2-401 & 63 O.S. § 2-101

Current as of March 31, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

Charged with a distribution of CDS in Oklahoma? Call Oklahoma drug attorney Frank Urbanic in OKC at 405-633-3420.

Don’t panic! Call Urbanic.® 405-633-3420