All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Oklahoma classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the illegal manufacture and sale of CDS only. Illegally possessing CDS for personal use carries different penalties. For more information on possession of CDS for personal use, see Possession of Controlled Substances in Oklahoma.
Also, while marijuana is considered a CDS, this article does not cover Oklahoma’s marijuana possession and sale laws. To learn more about that topic, see Oklahoma Marijuana Laws.
Oklahoma divides CDS into five “Schedules.” Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.
If you’ve been arrested for illegal CDS production or sales, you’ll need to consult the Oklahoma Code that lists precisely which drugs fit into each group. Go to the statute (63 Okl. Stat. Ann. § 2-201-212) and find the substance you're charged with selling -- it will be listed under one of the five classes.
It is illegal in Oklahoma to sell CDS (or possess CDS with the intent to sell it). Penalties vary according to the type of CDS involved in the violation. (63 Okl. Stat. Ann. § 2-401(A)(1).)
Selling a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), gamma butyrolactone, gamma hydroxyyalerate, gamma valerolactone, 1, 4 butanediol, or gamma hydroxybutyric acid (GHB), is a felony in Oklahoma. Penalties include a fine of up to $100,000, at least five years (and up to life) in prison, or both. (63 Okl. Stat. Ann. § 2-401(B)(1).)
Selling any other Schedule I, II, III, or IV CDS not listed above is a felony. Penalties include a fine of up to $20,000, at least two (and up to life) in prison, or both. (63 Okl. Stat. Ann. § 2-401(B)(2).)
It is a felony to sell Schedule V CDS in Oklahoma. Penalties include a fine of up to $1,000, up to five years in prison, or both. (Ok. Stat. Ann. § 2-401(B)(3).)
It is a felony to illegally manufacture CDS in Oklahoma. Penalties vary according to the amount and type of CDS. (63 Okl. Stat. Ann. § 2-401(G)(1).)
Making specified amounts of the following CDS incurs a fine of at least $50,000, at least 20 years (and up to life) in prison, or both. (63 Okl. Stat. Ann. § 2-401(G)(3).)
Making all other CDS (or amounts less than those specified for the CDS listed above) incurs a fine of at least $50,000, at least seven (and up to life) in prison, or both. (63 Okl. Stat. Ann. § 2-401(G)(2).)
A defendant who employed a minor (someone younger than 18 years old) to make or sell CDS will face twice the fine and prison time that would otherwise apply to the underlying crime. (63 Okl. Stat. Ann. § 2-401(E).)
Defendants convicted of a second or subsequent offense are considered “habitual offenders”, and face twice the fine that would otherwise apply to the underlying crime. (63 Okl. Stat. Ann. § 2-401(D)(1)&(2).)
CDS manufacture or sale convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.