It’s illegal to distribute a synthetic controlled substance in Oklahoma. The official definition of “distribute” 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 controlled substance 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.
What is a Synthetic Controlled Substance in Oklahoma?
A “synthetic controlled substance” is a substance:
- the chemical structure of which is substantially similar to the chemical structure of a controlled dangerous substance in Schedule I or II,
- 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
- 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:
- a controlled dangerous substance,
- any substance for which there is an approved new drug application,
- 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
- 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.
Penalty 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.
|First Offense||Up to 10 years||Up to $25,000|
|Second Offense||2 – 20 years||N/A|
|Third Offense||10 years – life||N/A|
Current as of 6/15/2019.