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”:
- 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;
- statements made to the recipient that the substance may be resold for inordinate profit;
- whether the substance is packaged in a manner normally used for illicit controlled substances;
- evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
- 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
- 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 6/15/2019.
Charged with distribution of imitation CDS in Oklahoma? Call Oklahoma drug lawyer Frank Urbanic in OKC.