1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1874 By: Weaver
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6 AS INTRODUCED
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7 An Act relating to the public health and safety;
7 amending 63 O.S. 2021, Sections 2-505, 2-507, and 2-
8 508, which relate to the Uniform Controlled Dangerous
8 Substances Act; authorizing destruction of certain
9 substances by certain state entities; updating
9 statutory language and references; and providing an
10 effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-505, is
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15 amended to read as follows:
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16 Section 2-505. A. All controlled substances in Schedule I of
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17 Section 2-204 of this title and all controlled substances in
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18 Schedules II, III, IV, and V that are not in properly labeled
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19 containers in accordance with this act the Uniform Controlled
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20 Dangerous Substances Act that are possessed, transferred, sold, or
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21 offered for sale in violation of this act the Uniform Controlled
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22 Dangerous Substances Act are deemed contraband and shall be seized
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23 and summarily forfeited.
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 1 B. All hazardous materials and all property contaminated with
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2 hazardous materials described in paragraph 2 of subsection A of
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3 Section 2-503 of this title, used or intended to be used by persons
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4 to unlawfully manufacture or attempt to manufacture any controlled
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5 dangerous substance, shall be summarily forfeited to the state and
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6 submitted to the Oklahoma State Bureau of Investigation (OSBI),
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7 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
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8 (OBN), the Oklahoma Highway Patrol (OHP), or any agency authorized
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9 by such entities for prompt destruction in accordance with state and
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10 federal laws.
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11 C. Species of plants from which controlled substances in
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12 Schedules I or II of the Uniform Controlled Dangerous Substances Act
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13 may be derived which have been planted or cultivated in violation of
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14 the Uniform Controlled Dangerous Substances Act, or of which the
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15 owners or cultivators are unknown, or which are wild growths, may be
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16 seized by peace officers, summarily forfeited and, in lieu of the
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17 eradication procedures contained in Section 2-509 of this title,
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18 promptly cut and burned where seized or destroyed by applications of
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19 herbicides approved for such purpose and registered for use in
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20 Oklahoma by the Oklahoma Department of Agriculture, Food, and
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21 Forestry. The Oklahoma State Bureau of Narcotics and Dangerous
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22 Drugs Control shall ensure that persons spraying the plants are
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23 trained in the appropriate use of the herbicide and any safety and
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 1 protection issues pursuant to the requirements of the Oklahoma
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2 Department of Agriculture, Food, and Forestry.
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3 SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-507, is
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4 amended to read as follows:
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5 Section 2-507. Any peace officer of this state seizing any of
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6 the property described in paragraphs 1 and 2 of subsection A of
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7 Section 2-503 of this title shall cause a written inventory to be
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8 made and maintain custody of the same until all legal actions have
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9 been exhausted unless such property has been placed in lawful
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10 custody of a court or state or federal law enforcement agency or
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11 unless otherwise provided by law. After all legal actions have been
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12 exhausted with respect to such property, the property shall be
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13 surrendered by the court, law enforcement agency or person having
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14 custody of the same to the Oklahoma State Bureau of Investigation
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15 (OSBI), Oklahoma State Bureau of Narcotics and Dangerous Drugs
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16 Control (OBN), the Oklahoma Highway Patrol (OHP), or any agency
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17 authorized by such entities to be destroyed as provided in Section
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18 2-508 of this title. The property shall be accompanied with a
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19 written inventory on forms to be furnished by the Oklahoma State
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20 Bureau of Investigation.
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21 SECTION 3. AMENDATORY 63 O.S. 2021, Section 2-508, is
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22 amended to read as follows:
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23 Section 2-508. A. Except as otherwise provided, all property
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24 described in paragraphs 1 and 2 of subsection A of Section 2-503 of
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 1 this title which is seized or surrendered pursuant to the provisions
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2 of the Uniform Controlled Dangerous Substances Act shall be
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3 destroyed. The destruction shall be done by or at the direction of
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4 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
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5 (OSBNDD) (OBN), who shall have the discretion prior to destruction
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6 to preserve samples of the substance for testing. In any county
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7 with a population of four hundred thousand (400,000) or more
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8 according to the latest Federal Decennial Census, there shall be a
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9 located site, approved by the OSBNDD OBN, for the destruction of the
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10 property. Any such property submitted to the OSBNDD OBN which it
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11 deems to be of use for investigative training, educational, or
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12 analytical purposes may be retained by the OSBNDD OBN in lieu of
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13 destruction.
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14 B. 1. With respect to controlled dangerous substances seized
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15 or surrendered pursuant to the provisions of the Uniform Controlled
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16 Dangerous Substances Act, municipal police departments, sheriffs,
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17 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
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18 Commission (OBN), the Oklahoma Highway Patrol (OHP), and the
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19 Oklahoma State Bureau of Investigation (OSBI), or any agency
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20 authorized by such entities shall have the authority to destroy
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21 seized controlled dangerous substances when the amount seized in a
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22 single incident exceeds ten (10) pounds. The destroying agency
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23 shall:
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 1 a. photograph the seized substance with identifying case
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2 numbers or other means of identification,
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3 b. prepare a report describing the seized substance prior
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4 to the destruction,
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5 c. retain at least one (1) pound of the substance
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6 randomly selected from the seized substance for the
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7 purpose of evidence, and
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8 d. obtain and retain samples of the substance from enough
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9 containers, bales, bricks, or other units of substance
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10 seized to establish the presence of a weight of the
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11 substance necessary to establish a violation of the
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12 Trafficking in Illegal Drugs Act pursuant to
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13 subsection C of Section 2-415 of this title, if such a
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14 weight is present. If such weight is not present,
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15 samples of the substance from each container, bale,
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16 brick or other unit of substance seized shall be
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17 taken. Each sample taken pursuant to this section
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18 shall be large enough for the destroying agency and
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19 the defendant or suspect to have an independent test
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20 performed on the substance for purposes of
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21 identification.
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22 2. If a defendant or suspect is known to the destroying agency,
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23 the destroying agency shall give at least seven (7) days’ written
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 1 notice to the defendant, suspect or counsel for the defendant or
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2 suspect of:
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3 a. the date, the time, and the place where the
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4 photographing will take place and notice of the right
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5 to attend the photographing, and
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6 b. the right to obtain samples of the controlled
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7 dangerous substance for independent testing and use as
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8 evidence.
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9 3. The written notice shall also inform the defendant, suspect
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10 or counsel for the defendant or suspect that the destroying agency
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11 must be notified in writing within seven (7) days from receipt of
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12 the notice of the intent of the suspect or defendant to obtain
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13 random samples and make arrangements for the taking of samples. The
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14 samples for the defendant or suspect must be taken by a person
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15 licensed by the Drug Enforcement Administration. If the defendant
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16 or counsel for the defendant fails to notify the destroying agency
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17 in writing of an intent to obtain samples and fails to make
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18 arrangements for the taking of samples, a sample taken pursuant to
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19 subparagraph d of paragraph 1 of this subsection shall be made
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20 available upon request of the defendant or suspect.
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21 The representative samples, the photographs, the reports, and
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22 the records made under this section and properly identified shall be
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23 admissible in any court or administrative proceeding for any
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 1 purposes for which the seized substance itself would have been
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2 admissible.
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3 C. All other property not otherwise provided for in the Uniform
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4 Controlled Dangerous Substances Act which has come into the
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5 possession of the Oklahoma State Bureau of Narcotics and Dangerous
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6 Drugs Control, the Department of Public Safety, the Oklahoma State
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7 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
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8 Commission, the Department of Corrections, the Office of the
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9 Attorney General, or a district attorney may be disposed of by order
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10 of the district court when no longer needed in connection with any
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11 litigation. If the owner of the property is unknown to the agency
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12 or district attorney, the agency or district attorney shall hold the
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13 property for at least six (6) months prior to filing a petition for
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14 disposal with the district court except for laboratory equipment
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15 which may be forfeited when no longer needed in connection with
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16 litigation, unless the property is perishable. The Director or
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17 Commissioner of the agency, the Attorney General, or district
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18 attorney shall file a petition in the district court of Oklahoma
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19 County or in the case of a district attorney, the petition shall be
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20 filed in a county within the jurisdiction of the district attorney
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21 requesting the authority to:
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22 1. Conduct a sale of the property at a public auction or use an
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23 Internet auction, which may include online bidding; or
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 1 2. Convert title of the property to the Oklahoma State Bureau
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2 of Narcotics and Dangerous Drugs Control, the Department of Public
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3 Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
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4 Beverage Laws Enforcement Commission, the Department of Corrections,
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5 the Office of the Attorney General, or to the district attorney’s
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6 office for the purposes provided for in subsection J, K or L of this
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7 section.
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8 The Director, Commissioner, Attorney General or district
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9 attorney shall attach to the petition:
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10 a. a list describing the property, including all
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11 identifying numbers and marks, if any,
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12 b. the date the property came into the possession of the
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13 agency or district attorney, and
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14 c. the name and address of the owner, if known.
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15 For any item having an apparent value in excess of One Hundred
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16 Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the
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17 notice of the hearing of the petition for the sale of the property,
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18 except laboratory equipment used in the processing, manufacturing or
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19 compounding of controlled dangerous substances in violation of the
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20 provisions of the Uniform Controlled Dangerous Substances Act, shall
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21 be given to every known owner, as set forth in the petition, by
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22 first-class mail to the last-known address of the owner at least ten
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23 (10) days prior to the date of the hearing. An affidavit of notice
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24 being sent shall be filed with the court by a representative of the
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 1 agency, the Director or Commissioner of the agency, the Attorney
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2 General or district attorney. For items in excess of Five Hundred
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3 Dollars ($500.00), a notice of the hearing of the petition for the
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4 sale of said such property shall be delivered to every known owner
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5 as set forth in the petition by certified mail. Notice of a hearing
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6 on a petition for forfeiture or sale of laboratory equipment used in
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7 the processing, manufacturing, or compounding of controlled
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8 dangerous substances in violation of the Uniform Controlled
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9 Dangerous Substances Act shall not be required.
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10 The notice shall contain a brief description of the property,
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11 and the location and date of the hearing. In addition, notice of
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12 the hearing shall be posted in three public places in the county,
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13 one such place being the county courthouse at the regular place
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14 assigned for the posting of legal notices. At the hearing, if no
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15 owner appears and establishes ownership of the property, the court
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16 may enter an order authorizing the Director, Commissioner, Attorney
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17 General, or district attorney to donate the property pursuant to
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18 subsection J, K or L of this section, to sell the property at a
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19 public auction, including an Internet auction, which may include
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20 online bidding, to the highest bidder, or to convert title of the
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21 property to the Oklahoma State Bureau of Narcotics and Dangerous
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22 Drugs Control, the Department of Public Safety, the Oklahoma State
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23 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
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24 Commission, the Department of Corrections, or the Office of the
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 1 Attorney General for the purposes provided for in subsection J, K or
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2 L of this section after at least ten (10) days of notice has have
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3 been given by publication in one issue of a legal newspaper of the
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4 county. If the property is offered for sale at public auction,
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5 including an Internet auction, and no bid is received that exceeds
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6 fifty percent (50%) of the value of the property, such value to be
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7 announced prior to the sale, the Director, Commissioner, Attorney
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8 General, or district attorney may refuse to sell the item pursuant
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9 to any bid received. The Director, Commissioner, Attorney General,
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10 or district attorney shall make a return of the sale and, when
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11 confirmed by the court, the order confirming the sale shall vest in
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12 the purchaser title to the property so purchased.
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13 D. The money received from the sale of property by the Oklahoma
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14 State Bureau of Narcotics and Dangerous Drugs Control shall be used
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15 for general drug enforcement purposes. These funds shall be
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16 transferred to the Bureau of Narcotics Revolving Fund established
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17 pursuant to Section 2-107 of this title or in the case of a district
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18 attorney, the revolving fund provided for in paragraph 3 of
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19 subsection L of Section 2-506 of this title.
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20 E. At the request of the Department of Public Safety, the
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21 district attorney or a designee of the district attorney may conduct
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22 any forfeiture proceedings as described in Section 2-503 of this
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23 title on any property subject to forfeiture as described in
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24 subsection A, B or C of Section 2-503 of this title. The money
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 1 received from