Manufacturing a Controlled Substance-CDS-in Oklahoma – Law & Punishment

Manufacturing a CDS (2-401C)

It’s illegal to manufacture a controlled (dangerous) substance (CDS) 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).

Penalty for Manufacturing a Controlled Substance in Oklahoma (2-401C)

This crime is a felony. The penalties are listed below. The schedule of CDS manufactured is irrelevant.

Manufacture or Attempt to Manufacture a Controlled Dangerous Substance (2-401G)

It’s illegal to manufacture or attempt to manufacture:

• any controlled dangerous substance or
• possess
  • D-Lysergic acid;
  • Ergotamine and its salts;
  • Ergonovine and its salts;
  • Methylamine;
  • Ethylamine;
  • Phenyl-2-Propanone;
  • Phenylacetic acid and its salts;
  • Ephedrine, its salts, optical isomers and salts of optical isomers;
  • Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
  • Phenylpropanolamine, its salts, optical isomers and salts of optical isomers;
  • Benzyl cyanide;
  • N-methylephedrine, its salts, optical isomers and salts of optical isomers;
  • Pseudoephedrine, its salts, optical isomers and salts of optical isomers;
  • Chloroephedrine, its salts, optical isomers and salts of optical isomers;
  • Piperidine and its salts;
  • Pyrrolidine and its salts;
  • Propionic anhydride;
  • Isosafrole;
  • Safrole;
  • Piperonal; and
  • Red Phosporus or
  • any substance containing any detectable amount of:
    • pseudoephedrine or its salts,
    • optical isomers or salts of optical isomers,
    • iodine or its salts,
    • optical isomers or salts of optical isomers,
    • hydriodic acid,
    • sodium metal,
    • lithium metal,
    • anhydrous ammonia,
    • phosphorus,
    • or organic solvents

with the intent to use that substance to manufacture a controlled dangerous substance. The possession of any amount of anhydrous ammonia in an unauthorized container is prima facie evidence of intent to use such substance to manufacture a controlled dangerous substance.

This crime is a felony. The range of punishment in the Department of Corrections is seven years – life. The maximum fine is $50,000.

Charged with manufacturing a CDS in Oklahoma? Get a free case consultation.

Aggravated Manufacturing

The following amounts constitute aggravated manufacturing:

1. 1 kilogram or more of a mixture or substance containing a detectable amount of heroin,
2. 5 kilograms or more of a mixture or substance containing a detectable amount of:
   1. coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed,
   2. cocaine, its salts, optical and geometric isomers, and salts of isomers,
   3. ecgonine, its derivatives, their salts, isomers, and salts of isomers, or
   4. any compound, mixture, or preparation which contains any quantity of any of the substances referred to in 1-3 above,
3. 50 grams or more of a mixture or substance described in division (2) of subparagraph b of this paragraph which contains cocaine base,
4. 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
5. 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
6. 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide,
7. 1,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana or 1,000 or more marijuana plants regardless of weight, or
8. 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.

Punishment for Aggravated Manufacturing

The range of punishment in the Department of Corrections is 20 years – life. The maximum fine is $50,000. Anyone convicted of aggravated manufacturing must serve a minimum of 85% of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole. This crime is not eligible for a suspended sentence, deferred sentence, or probation. 

Charged with aggravated manufacturing in Oklahoma? Get a free case consultation.

Manufacturing a CDS Near a School, Park, Housing Project, or Child Care Facility

Manufacturing a CDS in, on, or within 2,000 ft of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, public housing project, or child care facility dramatically increases the punishment. Depending on the situation, the term of imprisonment will double or triple the punishment for distributing not near those locations.

Under 2-401(C)

Under 2-401(G)

Charged with manufacturing a CDS near a school, park, housing project, or child Care facility in Oklahoma? Get a free case consultation.

Attempt to Acquire Pseudoephedrine After Methamphetamine Manufacturing Conviction

It’s illegal for anyone who has been convicted of manufacturing or attempting to manufacture methamphetamine to purchase or attempt to purchase, receive or otherwise acquire any product, mixture, or preparation containing any detectable quantity of base pseudoephedrine or ephedrine. This crime is a felony. The range of punishment is 14 years – life. 

Charged with attempt to acquire pseudoephedrine after a methamphetamine manufacturing conviction in Oklahoma? Get a free case consultation.

Possession of CDS With Intent to Manufacture

It’s illegal to possess a controlled dangerous substance (CDS) with the intent to manufacture that CDS 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. A “manufacturer” includes anyone 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)

Penalty for Possession of a Controlled Dangerous Substance With Intent to Manufacture

This crime is a felony. The penalties are listed below.

Any Schedule I or II substance (except marijuana):

Any CDS in Schedules III, IV, and V, including marijuana:

Charged with possession of a controlled dangerous substance with intent to manufacture in Oklahoma? Get a free case consultation.

Manufacturing a Synthetic Controlled Substance

It’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).  

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.

Charged with manufacturing a synthetic CDS Oklahoma? Get a free case consultation.

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

Current as of March 31, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.

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

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