Tuesday, May 3, 2011

New OK Law Amends the Uniform Controlled Dangerous Substances Act

Another bill passed by the Governor Fallin of Oklahoma amends 63 O.S. 2001, Section 2-509.
HB1798 creates a new felony for converting marihuana into hashish.  The penalty for a first conviction is a $50,000 fine and imprisonment for 2 years to life.  The penalties for a second or subsequent offense is double that of a first offense.
“It shall be unlawful for any person to cultivate or produce, or to knowingly permit the cultivation, production, or wild growing of any species of such plants, on any lands owned or controlled by such person, and it is hereby declared the duty of every such person to destroy all such plants found growing on lands owned or controlled by him.
Whenever any peace officer of the state shall receive information that any species of any such plants has been found growing on any private lands in the State of Oklahoma, he shall notify the sheriff and county commissioners of the county wherein such plants are found growing.  Within five days of receipt of notice, the county commissioners shall notify the owner or person in possession of such lands that such plants have been found growing on the said lands and that the same must be destroyed or eradicated within fifteen days.  When the fifteen days have elapsed, the reporting peace officer shall cause an investigation to be made of the aforesaid lands, and if any such plants be found growing thereon, the commissioners shall cause the same to be destroyed or eradicated by either cutting and burning or by applications of herbicides approved for such purpose by the Department of Agriculture in accordance with Section 2-505 of this title.
Whenever any such plants are destroyed or eradicated by order of the commissioners as provided herein, the cost of the same shall, if the work or labor be furnished by the commissioners, be taxed against the lands where on the work was performed, and shall be a lien upon such land in all manner and respects as a lien of judgment, if the owner is charged with a violation.
Knowingly violating the provisions of subsection B or subsection H of this section is hereby declared, as to the owner, or person in possession of such lands, to be a felony and punishable as such by a fine not to exceed $50,000.00 and imprisonment in the custody of the Department of Corrections for not less than two years nor more than life. Any subsequent offences will receive double the time in prison and double the fines. Any sentence shall not be subject to statutory provisions for suspended sentences, deferred sentences, or probation, except when the conviction is for a first offense.”
The amendatory language adds it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance by cooking, burning, or extracting and converting or attempting to extract and convert marihuana or marihuana oil into hashish, hashish oil or hashish powder.  

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