Manufacturing a Synthetic Controlled Substance in Oklahoma

manufacture synthetic cds olahomaIt’s illegal to manufacture a synthetic controlled substance in Oklahoma. “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).  

What is a Synthetic Controlled 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.  

Penalty for Manufacturing 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
First OffenseUp to 10 yearsUp to $25,000
Second Offense2 – 20 yearsN/A
Third Offense10 years – lifeN/A

 

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

Current as of 6/15/2019.

Charged with manufacturing a synthetic controlled substance in Oklahoma? Call Oklahoma drug attorney Frank Urbanic in OKC for a free consultation.

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