1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 249 By: McCortney
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6 AS INTRODUCED
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7 An Act relating to controlled dangerous substances;
7 amending 63 O.S. 2021, Section 2-101, as amended by
8 Section 1, Chapter 90, O.S.L. 2021, which relates to
8 definitions used in the Uniform Controlled Dangerous
9 Substances Act; defining term; amending 63 O.S. 2021,
9 Section 2-309, as last amended by Section 1, Chapter
10 259, O.S.L 2021, which relates to prescriptions;
10 broadening exception from electronic prescription
11 requirement; defining term; and declaring an
11 emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as
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16 amended by Section 1, Chapter 90, O.S.L. 2021, is amended to read as
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17 follows:
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18 Section 2-101. As used in the Uniform Controlled Dangerous
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19 Substances Act:
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20 1. “Administer” means the direct application of a controlled
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21 dangerous substance, whether by injection, inhalation, ingestion or
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22 any other means, to the body of a patient, animal or research
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23 subject by:
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 1 a. a practitioner (or, in the presence of the
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2 practitioner, by the authorized agent of the
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3 practitioner), or
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4 b. the patient or research subject at the direction and
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5 in the presence of the practitioner;
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6 2. “Agent” means a peace officer appointed by and who acts on
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7 behalf of the Director of the Oklahoma State Bureau of Narcotics and
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8 Dangerous Drugs Control or an authorized person who acts on behalf
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9 of or at the direction of a person who manufactures, distributes,
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10 dispenses, prescribes, administers or uses for scientific purposes
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11 controlled dangerous substances but does not include a common or
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12 contract carrier, public warehouser or employee thereof, or a person
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13 required to register under the Uniform Controlled Dangerous
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14 Substances Act;
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15 3. “Board” means the Advisory Board to the Director of the
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16 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
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17 4. “Bureau” means the Oklahoma State Bureau of Narcotics and
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18 Dangerous Drugs Control;
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19 5. “Coca leaves” includes cocaine and any compound,
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20 manufacture, salt, derivative, mixture or preparation of coca
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21 leaves, except derivatives of coca leaves which do not contain
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22 cocaine or ecgonine;
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23 6. “Commissioner” or “Director” means the Director of the
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24 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
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 1 7. “Control” means to add, remove or change the placement of a
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2 drug, substance or immediate precursor under the Uniform Controlled
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3 Dangerous Substances Act;
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4 8. “Controlled dangerous substance” means a drug, substance or
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5 immediate precursor in Schedules I through V of the Uniform
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6 Controlled Dangerous Substances Act or any drug, substance or
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7 immediate precursor listed either temporarily or permanently as a
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8 federally controlled substance. Any conflict between state and
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9 federal law with regard to the particular schedule in which a
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10 substance is listed shall be resolved in favor of state law;
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11 9. “Counterfeit substance” means a controlled substance which,
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12 or the container or labeling of which without authorization, bears
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13 the trademark, trade name or other identifying marks, imprint,
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14 number or device or any likeness thereof of a manufacturer,
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15 distributor or dispenser other than the person who in fact
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16 manufactured, distributed or dispensed the substance;
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17 10. “Deliver” or “delivery” means the actual, constructive or
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18 attempted transfer from one person to another of a controlled
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19 dangerous substance or drug paraphernalia, whether or not there is
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20 an agency relationship;
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21 11. “Dispense” means to deliver a controlled dangerous
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22 substance to an ultimate user or human research subject by or
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23 pursuant to the lawful order of a practitioner including the
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24 prescribing, administering, packaging, labeling or compounding
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 1 necessary to prepare the substance for such distribution.
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2 “Dispenser” is a practitioner who delivers a controlled dangerous
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3 substance to an ultimate user or human research subject;
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4 12. “Distribute” means to deliver other than by administering
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5 or dispensing a controlled dangerous substance;
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6 13. “Distributor” means a commercial entity engaged in the
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7 distribution or reverse distribution of narcotics and dangerous
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8 drugs and who complies with all regulations promulgated by the
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9 federal Drug Enforcement Administration and the Oklahoma State
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10 Bureau of Narcotics and Dangerous Drugs Control;
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11 14. “Drug” means articles:
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12 a. recognized in the official United States
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13 Pharmacopoeia, official Homeopathic Pharmacopoeia of
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14 the United States, or official National Formulary, or
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15 any supplement to any of them,
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16 b. intended for use in the diagnosis, cure, mitigation,
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17 treatment or prevention of disease in man or other
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18 animals,
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19 c. other than food, intended to affect the structure or
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20 any function of the body of man or other animals, and
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21 d. intended for use as a component of any article
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22 specified in this paragraph;
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23 provided, however, the term “drug” drug does not include devices or
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24 their components, parts or accessories;
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 1 15. “Drug-dependent person” means a person who is using a
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2 controlled dangerous substance and who is in a state of psychic or
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3 physical dependence, or both, arising from administration of that
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4 controlled dangerous substance on a continuous basis. Drug
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5 dependence is characterized by behavioral and other responses which
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6 include a strong compulsion to take the substance on a continuous
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7 basis in order to experience its psychic effects, or to avoid the
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8 discomfort of its absence;
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9 16. “Home care agency” means any sole proprietorship,
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10 partnership, association, corporation, or other organization which
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11 administers, offers, or provides home care services, for a fee or
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12 pursuant to a contract for such services, to clients in their place
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13 of residence;
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14 17. “Home care services” means skilled or personal care
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15 services provided to clients in their place of residence for a fee;
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16 18. “Hospice” means a centrally administered, nonprofit or
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17 profit, medically directed, nurse-coordinated program which provides
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18 a continuum of home and inpatient care for the terminally ill
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19 patient and the patient’s family. Such term shall also include a
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20 centrally administered, nonprofit or profit, medically directed,
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21 nurse-coordinated program if such program is licensed pursuant to
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22 the provisions of the Uniform Controlled Dangerous Substances Act.
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23 A hospice program offers palliative and supportive care to meet the
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24 special needs arising out of the physical, emotional and spiritual
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 1 stresses which are experienced during the final stages of illness
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2 and during dying and bereavement. This care is available twenty-
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3 four (24) hours a day, seven (7) days a week, and is provided on the
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4 basis of need, regardless of ability to pay. “Class A” Hospice
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5 refers to Medicare certified hospices. “Class B” refers to all
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6 other providers of hospice services;
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7 19. “Imitation controlled substance” means a substance that is
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8 not a controlled dangerous substance, which by dosage unit
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9 appearance, color, shape, size, markings or by representations made,
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10 would lead a reasonable person to believe that the substance is a
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11 controlled dangerous substance. In the event the appearance of the
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12 dosage unit is not reasonably sufficient to establish that the
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13 substance is an “imitation controlled substance” imitation
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14 controlled substance, the court or authority concerned should
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15 consider, in addition to all other factors, the following factors as
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16 related to “representations made” in determining whether the
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17 substance is an “imitation controlled substance” imitation
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18 controlled substance:
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19 a. statements made by an owner or by any other person in
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20 control of the substance concerning the nature of the
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21 substance, or its use or effect,
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22 b. statements made to the recipient that the substance
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23 may be resold for inordinate profit,
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 1 c. whether the substance is packaged in a manner normally
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2 used for illicit controlled substances,
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3 d. evasive tactics or actions utilized by the owner or
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4 person in control of the substance to avoid detection
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5 by law enforcement authorities,
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6 e. prior convictions, if any, of an owner, or any other
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7 person in control of the object, under state or
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8 federal law related to controlled substances or fraud,
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9 and
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10 f. the proximity of the substances to controlled
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11 dangerous substances;
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12 20. “Immediate precursor” means a substance which the Director
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13 has found to be and by regulation designates as being the principal
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14 compound commonly used or produced primarily for use, and which is
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15 an immediate chemical intermediary used, or likely to be used, in
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16 the manufacture of a controlled dangerous substance, the control of
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17 which is necessary to prevent, curtail or limit such manufacture;
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18 21. “Laboratory” means a laboratory approved by the Director as
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19 proper to be entrusted with the custody of controlled dangerous
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20 substances and the use of controlled dangerous substances for
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21 scientific and medical purposes and for purposes of instruction;
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22 22. “Manufacture” means the production, preparation,
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23 propagation, compounding or processing of a controlled dangerous
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24 substance, either directly or indirectly by extraction from
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 1 substances of natural or synthetic origin, or independently by means
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2 of chemical synthesis or by a combination of extraction and chemical
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3 synthesis. “Manufacturer” includes any person who packages,
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4 repackages or labels any container of any controlled dangerous
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5 substance, except practitioners who dispense or compound
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6 prescription orders for delivery to the ultimate consumer;
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7 23. “Marijuana” means all parts of the plant Cannabis sativa
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8 L., whether growing or not; the seeds thereof; the resin extracted
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9 from any part of such plant; and every compound, manufacture, salt,
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10 derivative, mixture or preparation of such plant, its seeds or
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11 resin, but shall not include:
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12 a. the mature stalks of such plant or fiber produced from
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13 such stalks,
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14 b. oil or cake made from the seeds of such plant
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15 including cannabidiol derived from the seeds of the
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16 marijuana plant,
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17 c. any other compound, manufacture, salt, derivative,
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18 mixture or preparation of such mature stalks (except
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19 the resin extracted therefrom) including cannabidiol
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20 derived from mature stalks, fiber, oil or cake,
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21 d. the sterilized seed of such plant which is incapable
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22 of germination,
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23 e. for any person participating in a clinical trial to
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24 administer cannabidiol for the treatment of severe
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 1 forms of epilepsy pursuant to Section 2-802 of this
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2 title, a drug or substance approved by the federal
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3 Food and Drug Administration for use by those
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4 participants,
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5 f. for any person or the parents, legal guardians or
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6 caretakers of the person who have received a written
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7 certification from a physician licensed in this state
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8 that the person has been diagnosed by a physician as
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9 having Lennox-Gastaut syndrome, Dravet syndrome, also
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10 known as Severe Myoclonic Epilepsy of Infancy, or any
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11 other severe form of epilepsy that is not adequately
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12 treated by traditional medical therapies, spasticity
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13 due to multiple sclerosis or due to paraplegia,
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14 intractable nausea and vomiting, appetite stimulation
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15 with chronic wasting diseases, the substance
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16 cannabidiol, a nonpsychoactive cannabinoid, found in
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17 the plant Cannabis sativa L. or any other preparation
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18 thereof, that has a tetrahydrocannabinol concentration
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19 of not more than three-tenths of one percent (0.3%)
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20 and that is delivered to the patient in the form of a
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21 liquid,
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22 g. any federal Food and Drug Administration-approved
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23 cannabidiol drug or substance, or
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 1 h. industrial hemp, from the plant Cannabis sativa L. and
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2 any part of such plant, whether growing or not, with a
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3 delta-9 tetrahydrocannabinol concentration of not more
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4 than three-tenths of one percent (0.3%) on a dry
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5 weight basis which shall only be grown pursuant to the
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6 Oklahoma Industrial Hemp Program and may be shipped
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7 intrastate and interstate;
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8 24. “Medical purpose” means an intention to utilize a
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9 controlled dangerous substance for physical or mental treatment, for
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10 diagnosis, or for the prevention of a disease condition not in
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11 violation of any state or federal law and not for the purpose of
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12 satisfying physiological or psychological dependence or other abuse;
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13 25. “Mid-level practitioner” means an Advanced Practice
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14 Registered Nurse as defined and within parameters specified in
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15 Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
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16 animal euthanasia technician as defined in Section 698.2 of Title 59
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17 of the Oklahoma Statutes, or an animal control officer registered by
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18 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
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19 under subsection B of Section 2-301 of this title within the
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20 parameters of such officer’s duties under Sections 501 through 508
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21 of Title 4 of the Oklahoma Statutes;
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22 26. “Narcotic drug” means any of the following, whether
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23 produced directly or indirectly by extraction from substances of
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 1 vegetable origin, or independently by means of chemical synthesis,
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2 or by a combination of extraction and chemical synthesis:
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3 a. opium, coca leaves and opiates,
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4