CHAPTER E=~CRIMES AGAINST THE PUBLIC

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CRIMINAL ORDINANCE

CHAPTER E=~CRIMES AGAINST THE PUBLIC

ARTICLE 500: AIDING AN ESCAPED PRISONER

1 (A) Aiding an Escaped Prisoner: Any person who intentionally

aids or assists an escaped prisoner, or fails to report the

presence of escaped prisoner, or who conceals the presence of

escaped prisoner, or who prevents the recapture of an escaped

prisoner shall be guilty of aiding an escaped prisoner.

(B) Punishment: Any person found guilty of aiding an escaped

prisoner shall be punished a fine not more than Three Hundred

Dollars ($300.00) and\or three not more than (3) months jail.

ARTICLE 501: BRIBERY

1 (A) Bribery: Any person, business, or corporation who

intentionally gives, offers, solicits, promises any thing of value

to any elected or appointed official, public officer, or juror of

the Kickapoo Tribe of Oklahoma as to secure a vote, decision, or

judgment on any matter of interest to that person, business, or

corporation shall be guilty of bribery.

(B) Punishment: Any person, business, or corporation found guilty

of bribery be imposed a punishment not to exceed a fine of One

Thousand Dollars ($1,000.00) and\or six (6) months jail. If a

corporation the Court can order the revecation of the corporate

charter.

ARTICLE 502: OFFICIAL ACCEPTING A BRIBE

1 (A) Official Accepting a Bribe: Any elected or appointed

official, public servant or officer, juror, judge, or justice who

accepts a bribe or anything of value as to influence the outcome of

his\her vote or the interference of his\her duties shall be guilty

of accepting a bribe.

(B) Punishment: Any person found guilty of accepting a bribe

shall be imposed a fine of not more than One Thousand Dollars

($1,000.00) and\or no more than six (6) months jail.

ARTICLE 503: TAMPERING WITH A WITNESS

1 (A) TDampering with a witness: No person shall bribe, solicit,

threaten, intimidate, or force, any witness to with hold or conceal

information or documents, misrepresent facts known to the witness,

or to encourage the witnesses to elude or avoid legal process, if

that person knows, or has reason to believe, that a legal or

official investigation is being conducted by law enforcement or

properly authorized Tribal officials.

(B) Punishment: Any person found guilty of a tampering with a

witness shall be fined no more than Three Hundred Dollars ($300.00)

and\or no more than one (1) month jail.

ARTICLE 504: INTERFERENCE WITH PUBLIC RECORDS

1 (A) Interference with public records: No person or Tribal

official shall intentionally falsify information, conceal, destroy,

wrongfully alter, make a false entry into, prevent the discovery,

or wrongfully remove Tribal documents.

(B) Punishment: Any person or Tribal official found guilty of

interference with public records shall be punished a fine not to

exceed Three Hundred Dollars ($300.00) and\or no more than one (1)

month jail.

ARTICLE 505: OBSTRUCTION OF JUSTICE

1 (A} Obstruction of Justice: Any person who intentionally

prevents or interferes with a law enforcement investigation, warns

another as to prevent an arrest, conceals or destroys evidence

concerning a criminal matter, or misleads or provides false

information to a law enforcement officer shall be guilty of

obstruction of justice.

(B) Under this Ordinance, any person who encourages, solicits,

threatens, or uses force against another, so that person will

obstruct justice, is guilty of obstruction of justice.

justice shall be imposed a fine of not more than Five Hundred

Dollars ($500.00) and\or four no more than (4) months in jail.

ARTICLE 505: PERJURY

1 (A) Perjury: Any person who intentionally, at a trial, hearing,

investigation, deposition, under oath, or on a written document

subscribes, under oath, that the following was true, when in fact

the person knew such statement or written declaration was false

shall be guilty of perjury.

(B) Punishment: Any person found guilty of perjury shall be

imposed a fine not to exceed Five Hundred Dollars ($500.00) and\ or

no more than three (3) months in jail.

ARTICLE 506: DISTURBING THE PEACE:

1 (A) Disturbing the Peace: Any person who intentionally acts in

a manner that disturbs the peace, creates a public nuisance, or who

threatens the health or safety of another, or outrages public

decency shall be guilty of disturbing the peace.

{B) Under this Ordinance, any person who has possession or control

over a domestic or wild animal, whether living or dead, that

disturbs the peace or health of another, shall be guilty of

disturbing the peace.

shall be imposed a fine not to exceed Fifty Dollars ($50.00) and\or

no more than five (5) days in jail.

ARTICLE 507: PEEPING TOM:

1 (A) Peeping Tom: Any person who intentionally hides, waits, or

secretly invades the privacy of another person while that person is

in their residency or dwelling with the intent to watch or gaze

upon that person shall be guilty of peeping tom.

(B) Punishment: A person found guilty of being a peeping tom shall

be imposed a fine not to exceed Fifty Dollars ($50.00) and\or no

more than five (5) days in jail.

ARTICLE 508: INCITEMENT OF A RIOT

1 (A) Incitement of a Riot: Any person who intentionally incites,

initiates, provokes, utters profane or abusive language to

encourage riotous behavior, or who solicits a riotous assembly

shall‘be guilty of incitement a riot.

(B) This Ordinance, shall not impose limitations on any member’s

Tribal Constitutional right to speak or peacefully assembly.

shall be punished a fine of not more than Two Hundred Dollars

($200.00) and\or no more than two (2) months in jail.

ARTICLE 509: FAILURE TO DISPERSE

1 (A) Failure to Disperse: Any person who intentionally refuses

or knowingly fails to obey an order to disperse or leave the

immediate vicinity given by a law enforcement officer or other

public servant performing an enforcement function, at the scene of

a viot, fire, or other public disorder or given in the official

course of an investigation of the commission of an accident, fire,

offense, or suspected offense.

(B) Punishment: A person found guilty of failure to disperse shall

be punished a fine not to exceed Two Hundred Dollars ($200.00)

and\or no more than two (2) months jail.

ARTICLE 510: FALSE ARREST

1 (A) False Arrest: Any public official or officer who exceeds

the scope of their authority or pretends to be acting as an officer

of the Court shall not intentionally arrest another except when

that officer has reason or probable cause to do so.

(B) Punishment: Any public official or officer that is found

guilty of false arrest shall be imposed of sentence not to exceed

Five Hundred Dollars ($500.00) and\or no more than three (3) months

in jail.

ARTICLE 511: RESISTING LAWFUL ARREST

1 (A) Resisting Lawful Arrest: Any person who intentionally

resists by any physical force their legal arrest or detention shall

be guilty of resisting arrest.

(B) Punishment: Any person who is found guilty of resisting

lawful arrest shall be punished with a fine not te exceed Three

Hundred Dollars ($300.00) and\or no more than three (3) months

jail.

ARTICLE 512: REFUSING TO AID AN OFFICER

1 (A) Refusing to aid an officer: No person shall intentionally

or recklessly refuse to aid a law enforcement officer, or a

fireman, in the performance of his\her official duties when called

upon to do so by an officer or fireman.

(8) Punishment: Any person found guilty of refusing to aid an

officer or a fireman shall he punished at a fine not to exceed Two

Hundred Dollars ($200.00) and\or no more than one (1) month jail.

ARTICLE 513: ESCAPE

1 (A) Escape: Any person who intentionally escapes from the

detention of a public officer or law enforcement official or

escapes from a detention facility shall be guilty of escape.

(B) Punishment: Any person found to guilty of escape shall be

imposed a fine not to exceed Three Hundred Dollars ($300.00) and\

or no more than three (3) months in jail.

ARTICLE 514: FAILURE TO OBEY AN ORDER OF THE COURT

1 (A) Failure to obey an order of the Court: Any person,

business, or corporation who intentionally refuses to honor, abide,

or obey any order of the Court shall be guilty of failure to obey

an order of the Court.

(B) Under this Ordinance, if a parent failed to honor a child

support order than that parent would be in violation of a failure

to obey an order of the Court.

(Cc) This article shall not apply to a failure to appear as a party

in a civil action where default or a similar judgment is available

to the other party.

(D) Punishment: Any person found guilty ef refusing to obey an

any order of the Court shall be imposed a fine not to exceed Five

Hundred Dollars ($500.00) and\or no more than six (6) months in

jail.

ARTICLE 515: DISTURBING A RELIGIOUS OR CEREMONIAL ASSEMBLY

1 (A) Disturbing a Religious or Ceremonial Assembly: Any person

who intentionally disturbs, prevents, interferes, acts or verbally

speaks in a disrespectful manner as to offend the majority of

participants at religious or ceremonial assembly shall be guilty of

disturbing a religious or ceremonial assembly.

(B) EBunishment: Any person found to be guilty of disturbing a

religious or ceremonial assembly shall be imposed a fine not to

exceed Five Hundred Dollars ($500.00) and\or no more than six (6)

months jail.

ARTICLE 516: POSSESSION OF DRUGS WITHOUT MEDICAL SUPERVISION

1 (A) Passession of Drugs: Any person who intentionally has in

their possession any mind altering drug, drugs that would be

considered by the community as illegal or harmful to the mind,

included would be vapor or inhalant materials with the presence of

parapanehila, or any other dangerous substance without prior

medical: approval shall be guilty of possession of drugs without

medical supervision,

(B) Punishment: Any person found to be guilty of possession of

drugs without medical supervision shall be imposed a fine not to

exceed Five Hundred Dollars ($500.00) Dollars and\or no more than

six (6) months jail.

ARTICLE 517: PUBLIC INTOXICATION

1 (A) Bublic Intoxication: Any person who intentionally appears

to any degree, in public acting in a manner or under the influence

of beer, drugs, vapors, inhalants, any other dangerous substance,

and alcohol as to interfere with the peace, quiet, and tranquility

of the community shall be guilty of public intoxication.

(B) Punishment: Any person found guilty of public intoxication

shall be imposed a fine not to exceed One Hundred Dollars ($100.00)

and\or no more than ten (10) days in jail. On any subsequent

conviction the Court can impose a fine of Three Hundred Dollars

($300.00) and\or no more than two (2) months jail. If necessary,

the Court can order treatment or counseling.

ARTICLE 518: POSSESSION OF ALCOHOLIC BEVERAGES, OR INHALANTS

WITHIN THE JURISDICTION OF THE KICKAPOO TRIBE OF

OKLAHOMA

1 (A) Possession of Alcoholic Beverages Or Inhalants: Any person

who brings alcoholic beverages, spirits, wine, whiskey, liquor,

and\or inhalants orevapors for consumption into the jurisdiction of

the Kickapoo Tribe of Oklahoma shall be guilty of possession of

alcoholic beverages or inhalants or vapors on Tribal land.

(B) Punishment: Any person found to be guilty of possession of

alcoholic beverages on Tribal land shall be imposed with a fine not

to exceed One Hundred Dollars ($100.00) and\or no more than ten

(10) days in jail. On any subsequent conviction the Court can

impose a fine of not more than Five Hundred Dollars ($500.00)

and\or no more than three (3) months in jail. If necessary, the

Court can order treatment or counseling.

ARTICLE 519: CONSUMPTION OR ABUSE OF INHALANT OR CHEMICAL

MATERIALS

1 (A) Consumption or abuse of Inhalant or Chemicals Materials:

Any person who intentionally consumes, smells, inhales, injects,

partakes, or indulges with inhalants, paints, gasolines, fuels, or

chemical solvents or who intentionally sells, distributes, or who

gives away such substances for human consumption shall be guilty of

consumption or abuse of chemical materials.

(B) Punishment: Any person found to guilty of consumption or

abuse of inhalant or chemical materials shall be imposed a fine not

to exceed One Hundred Dollars ($100.00) and\or one (1) month in

jail. The Court can order treatment or counseling.

ARTICLE 520: DISTRIBUTION AND ACQUISITION OF A DANGEROUS DRUG

1 (A) Distribution and accuisition of a dangerous drug: No person

shall intentionally sell, distribute, cultivate, manufacture, or

give away any drug, except as authorized by Federal law, or to

acquire any such drug through means of deception, fraud, forgery,

purchase, or gift.

(B) Drug shall be any mind altering drug, not allowed by Federal

law, including those substances listed in 21 U.S.C Section 312

(1972), other chemicals, solvents, controlled dangerous substance,

plants, natural or artificial materials or substances, not allowed

by Federal law.

use of peyote.

(D) Any person convicted of distribution and acquisition of a

dangerous drug may be punished for a jail term not to exceed one

(1) year in jail and\or a fine not to exceed Five Thousand Dollars

($5,000.00).

ARTICLE 521: INTERFERENCE WITH OFFICIAL POLICE DUTIES

(A) Interference with official police duties: No person shall

intentionally provide false information or make a false report to

a law enforcement officer knowing that such information was false

or that such a report was false.

(B) Under this Ordinance, no person shall interfere or obstruct,

hinder or eavesdrop on a law enforcement officer while in the

official scope of his\her duty.

(Cc) Punishment: Any person found guilty of interference with

official police duties shall be imposed a fine not to exceed Two

Hundred Dollars ($200.00) and\or no more than one (1) month jail.

ARTICLE 522: ILLEGAL DUMPING OR LITTERING

1 (A) Tllecal Dumping or Littering: No person shall dump any

junk, materials, carcasses, hazardous waste, garbage, trash, or

litter on the lands of a Tribal member without permission of that

member or on land owned by the Kickapoo Tribe of Oklahoma.

(B) Punishment: Any person found guilty of illegal dumping or

littering shall be punished as follows:

(1) If a minor dumping or littering, the Court shall impose

a fine not to exceed Fifty Dollars ($50.00).

(2) If serious in nature, the Court shall impose a fine

not to exceed Five Hundred Dollars ($500.00).

ARTICLE 523: DISORDERLY cCoNDUCT

1 (A) Disorderly conduct: Any person who intentionally creates a

public inconvenience, alarm, annoyance, or creates a ‘risk by

reckless conduct, behavior, or attitude shall be guilty of

disorderly conduct.

(B) Under this order Ordinance disorderly conduct shall include

harassment, nuisance, threatening to fight or engage in violent

actions.

(Cc) Under this Ordinance, disorderly conduct shall include

appearing in public under intoxication to any degree, under the

following conditions:

(1) Creating noise, disrupting others, or intruding

upon the privacy of a person or persons; or

(2) lost, wandering, or confused without being able

to give a reasonable account of destination to a

officer; or

(3) appearing at or in the vicinity of an area set

aside for religious or ceremonial activities either

by Tribe or person conducting such activity

with the prohibition of no intoxicated persons or

consumption of alcoholic beverages during the

religious or traditional ceremony.

(D) "Public" shall mean likely to affect persons in a place to

which the public or a substantial number of people have access and

includes, but not limited to streets, highways, roads, businesses

open to the public, office buildings, houses, and apartments.

(E) Punishment: A person found guilty of disorderly conduct shall

be punished as follows:

(1) On the first offense, a fine not to exceed One

Hundred Dollars ($100.00), and\or no more than one

(1) month’ jail.

(2) On the second offense, a fine not to exceed Five

Hundred Dollars ($500.00) and\or no more than three

(3) months jail.

(3) On the third offense, a fine not to exceed One

Thousand Dollars ($1,000.00) and\or no more than

one (1) year jail. At any time the Court may order

counseling.

ARTICLE 524: WEAPONS OFFENSE

1 (A) Weapons offense: No person shall intentionally be permitted

to carry a dangerous weapon or firearm or conceal a dangerous

weapon or firearm, without lawful authority to do so.

(B) Under this Ordinance any possession of a loaded firearm on a

public road, or discharge of a loaded firearm from a vehicle, or

fire a loaded firearm across or at the direction of a public road

shall be a weapons offense.

be punished by fine not to exceed Two Hundred Fifty Dollars

($25.00) and\or no more than three (3) months jail.

ARTICLE 525: AGGRAVATED WEAPONS OFFENSE

1 (A) Aggravated Weapons offense: No person shall carry a

dangerous weapon concealed on the person or to threaten to use or

exhibit a dangerous weapon in a dangerous and threatening manner,

or use a dangerous weapon in a fight or quarrel; or possess a

shotgun or rifle having a barrel or barrels of less than sixteen

(16) inches in length, or an altered or modified shotgun or rifle

less than twenty-four (24) inches overall length.

(B) Punishment: Any person found guilty shall be punished by fine

not to exceed Five Hundred Dollars ($500.00) and\or no more than

six (6) months jail.

ARTICLE 526: ILLEGAL HUNTING OR FISHING

1 (A) Zllegal hunting or fishing: No person shall intentionally

hunt or fishes, on the property of another, without legal authority

or permission of the land owner.

(B) Punishment: Any person found guilty of hunting or fishing on

the property of another, without permission of the land owner shall

be fined a amount not to exceed Three Hundred Dollars ($300.00)

and\or no more than one (1) month jail.

ARTICLE 527: SPREADING A SEXUALLY TRANSMITTED DISEASE

1 (A) Spreading a Sexually Transmitted Disease: No person shall

intentionally transmit, or infect another person, with any venereal

or sexually transmitted disease.

(B) Under this Ordinance, if the person has cause to believe that

they may have a sexually transmitted disease and continues to

engage in sexual activity with another that person is guilty of

spreading a sexually transmitted disease.

medical examination and treatment of the convicted offender and may

also order an investigation to determine to what extent others may

be infected by the convicted offender.

(D) Punishment: Any person found guilty of spreading a sexually

transmitted disease shall be punished a fine no more than Five

Thousand Dollars ($5,000.00) and\or no more than One (1) year in

jail.

ARTICLE 528: VIOLATING A CEMETERY

1 (A) Violating a cemetery: No person shall intentionally violate

a cemetery ground or remove any thing from the ground of a

cemetery.

(B) Punishment: Any person found guilty of violating a cemetery

shall be punished at a fine not to exceed One Thousand Dollars

($1,000.00) dollars and\or no more than one year (1) jail.

ARTICLE 529: CRUELTY TO ANIMALS

1 (A) Cruelty to Animals: No person shall intentionally or

knowingly do the following:

(1) Torture or seriously overwork an animal.

(2) Fail to provide necessary food, water, or shelter for a

animal that one has in personal custody.

(3) Transport or confine a animal in a cruel manner.

(4) Kill, injure, or poison an animal in a sadistic manner

for no purpose or without justification.

(5) To have one mammal fight another.

ARTICLE 530: FIREWORKS OFFENSE

1 (A) Fireworks offense: It shall be unlawful to possess, buy,

sell, distribute, transport, activate, ignite, or detonate, or to

allow any minor under one’s physical control or actual care,

custody, to possess, buy, sell, distribute, transport, activate,

ignite, or detonate any firecracker, or other firework type device

which is capable of, or intended to explode, ignite, become selfpropelled, give off any projectile, spark, or other ignited or

fused object or manifestation, or in any way give off sound or

light by virtue of its burning or exploding. .

(B) Under this Ordinance, it shall not be an offense:

(1) To use or ignite hand-held sparkler type devices in such

a manner that they burn openly and singly or to use toy

caps and cap guns singly in the intended fashion; or

(2) To use or ignite fireworks at a patriotic, religious, or

Tribal ceremony, gathering, or celebration in a safe

manner provided that a permission has been obtained by

the Police Department.

(3) To buy, possess, use, or ignite fireworks between June

25 and July 10 inclusive of each year, provided that

such devices are handled safely with regard to the

safety of others and their property, and provided

further, that minors under the age of twelve (12) buying

possessing, using, or igniting fireworks must be under

the actual direct physical supervision of some

responsible adult over twenty-one (21) years of age for

this exception to apply.

(4) To possess or sell fireworks between June 25 and July 10

inclusive of each year provided that a permit to do so

has been obtained from the Tribe or a lawfully authorized

Tribal agency as designated by the Business Committee

prior to such possession and sale, provided further, that

upon proof of a secure and safe facility, such permit may

state a particular location for year round storage of

fireworks by a business engaged in retail or wholesale

of fireworks.

(Cc) Punishment: A fireworks offense shall be punished by a fine

not to exceed Two Hundred Dollars ($200.00) and\or by one (1) month

in jail.

AMENDMENT TO CRIMINAL CODE

CRIMENAL VIOLATION

This new article would repeal Axticle 517: Public Intoxication to the following:

ARTICLE 331: INTOXICATION

(A)

It shall be unlawful to be under the influence of an intoxicating beverage, drink,

drugs, or other controlled substance having that may release vapors, to any

degree, in a public place or in a private place where one unreasonably disturbs

another person, under circumstances not amounting to disorderly conduct.

Punishment: Intoxication shall be punishable by a fine not to exceed One

Hundred Dollars ($100.00), or by a term of imprisonment in the Tribal jail not to

exceed three (3) months, or both. However, a Judge or the arresting law

enforcement officer may order the release from custody and the dropping of a

charge under this article if he/she believes further imprisonment is unnecessary

for the protection of the individual or another and the individual is in a sober

condition at the time ofrelease. The Judge may also commit the person convicted

to a facility for treatment if it appears that the person is dependent upon the

intoxicating beverage, drink, drugs, controlled substance, or vapor producing

substance, for a period not to exceed six (6) months in jail.

AMENDMENT TO CRIMINAL CODE

CRIMINAL VIOLATION

This new article would replace Article 505: Perjury to the following:

ARTICLE 532: PERJURY

(A)

PERJURY: Any person who intentionally, at a trial, hearing, investigation,

deposition, under oath, or on a written document subscribes, under oath, that the

following was true, when in fact the person knew such statement or written

declaration was false shall be guilty of perjury.

Punishment: Any person found guilty of perjury shall be imposed a fine not to

exceed Five Hundred Dollars ($500.00) and/or no more than three (3) months in

jail.

CRIMINAL OFFENSES ORDINANCE

The following Section was adopted by the Kickapoo Council, at the Kickapoo Tribe of

Oklahoma Council meeting of September 30, 1995, pursuant to the Kickapoo Tribe of

Oklahoma constitution and By Laws, Article XV, and shall be codified as Article 533, of the

Kickapoo Tribe of Oklahoma Criminal Offenses Ordinance.

ARTICLE 533: DANGEROUS DRUG OFFENSE AND FORFEITURE OF PROPERTY

(A)

(B)

©)

It shall be unlawful, except as authorized and controlled by Federal Law, to

manufacture, distribute, possess with intent to distribute, dispense, create, possess, or

cultivate a controlled or a counterfeit substance; or to obtain or acquire possession of a

controlled substance by misrepresentation, fraud, forgery, deception, subterfuge; or to

knowingly or intentionally use any communication facility in committing any of the

above prohibited acts.

Controlled or counterfeit substances shall consist of the substances listed in 18 U.S.C.

812 (19872), and any other chemical substance, natural or artificial, defined as a

controlled or dangerous substance the possession, sale, distribution, or use of which is

prohibited by Federal Law, except peyote.

A dangerous drug offense shall be punishable by a fine not to exceed Five Hundred

Dollars ($500.00), or by a term of imprisonment in the Tribal jail not to exceed six (6)

months, or both.

(DP) Any substance handled in violation of this section is hereby declared to be contraband

®)

and civil forfeiture proceedings may be had against such substance as provided by law.

Any personal property used to transport, conceal, manufacture, cultivate, or distribute

the controlled dangerous substance shall be subject to forfeiture as contraband by civil

proceedings as provided by law.

Any real or personal property to include cash, stocks, bonds that may be derived from

the sale, distribution, transportation, manufacture, or cultivation of the controlled

dangerous substance in violation of this section shall be subject to forfeiture as

contraband by civil proceedings as provided by law.

DANGEROUS DRUG OFFENSE ACT

ARTICLE io

OF THE KICKAPOO CRIMINAL VIOLATIONS CODE

DEFINITIONS;

2-101. DEFINITIONS

As used in the Dangerous Drug Offense Act, Section 2-101 et seq, of this title:

add

10,

12,

13.

14,

“Administer” means the direct application of a controlled dangerous substance, whether by injection,

inhalation, ingestion or any other means, to the body of'a patient, animal or research subject by:

a. practitioner (or, in his presence, by his authorized agent), or

b. the patient or research subject at the direction and in the presence of the practitioner,

“Agent” means a peace officer appointed by and who acts in behalf of the Chairman of The

"Kickapoo Tribe of Oklahoma or an authorized person who acts on behalf of or at the direction of

person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific

purposes controlled dangerous substances but does not include a common or contract carrier, public

warehouseman or employee thereof, or a person required to register under the Uniform Controlled

Dangerous Substances Act;

“Board” means the Advisory Board to the Chairman of the Kickapoo Tribe of Oklahoma,

“Bureau of Narcotics and Dangerous Drugs” means the Bureau of Narcotics and Dangerous Drugs,

United States Department of Justice;

“Coca leaves” includes cocaine and any compound, manufacture, salt, derivative, mixture or

preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine or

ecgonine;

“Commissioner” or “Director” means the Chairman of the Kickapoo Tribe of Oklahoma,

“Control” means to add, remove or change the placement of a drug, substance or immediate

precursor under the Uniform Controlled Dangerous Substances Act;

“Controlled dangerous substance” means @ drug, substance or immediate precursor in Schedules I

through V of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title,

“Counterfeit substance” means a controlled substance which, or the container or labeling of which

without authorization, bears the trademark, trade name or other identifying marks, imprint, number

or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person

who in fact manufactured, distributed or dispensed the substance;

"Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to

another of a controlled dangerous substance, whether or not here is an agency relationship;

“Dispense” means to deliver 2 controlled dangerous substance to an ultimate user or human research

subject by or pursuant to the lawful order ofa practitioner, including the prescribing, administering,

packaging, labeling or compounding necessary to prepare the substance for such distribution.

“Dispenser” is a practitioner who delivers a controlled dangerous substance to an ultimate user or

human research subject;

“Distribute” means to deliver other than by administering or dispensing a controlled dangerous

substance;

“Distributor” means a person who distributes;

“Drug” means articles recognized in the official United States Pharmacopoeia, official Homeopathic

Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of

them, articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in

man or other animals; articles (other than food) intended to affect the structure or any function of the

body of man or other animals; and articles intended for use as a component of any article specified in

this paragraph; but does not include devices or their components, parts or accessories;

“Drug-dependent person” means a person who is using a controlled dangerous substance and who is

in a state of psychic or physical dependence, or both, arising from administration of that controlled

dangerous substance on a continuous basis. Drug dependence is characterized by behavioral and

other responses which include a strong compulsion to take the substance on a continuous basis in

order to experience its psychic effects, or to avoid the discomfort of its absence;

15. “Imitation controlled substance” means a substance that is not a controlled dangerous substance,

which by dosage unit appearance, color, shape, size, markings or by representations made, would

lead a reasonable person to believe that the substance is a controlled dangerous substance. In the

event the appearance of the dosage unit is not reasonably sufficient to establish that the substance is

an “imitation controlled substance”, the court or authority concerned should consider, in addition to

all other factors, the following factors as related to “representations made” in determining whether

the substance is an “imitation controlled substance”

a, statements made by an owner or by any other person in control of the substance concerning the

nature of the substance, or its use or effect, ”

b, statements made to the recipient that the substance may be resold for inordinate profit,

c. ‘whether the substance is packaged in a manner normally used for illicit controlled substances,

d. evasive tactics or actions utilized by the owner or person in control of the substance to avoid

detection by law enforcement authorities,

e. prior convictions, if any, of an owner, or any other person in control of the object, under Tribal

or federal law related to controlled substances fraud, and

f£ the proximity of the substances to controlled dangerous substances,

1, “Immediate Precursor’ means a substance which the director has found to be and by regulation

designates as being the principal compound commonly used or produced primarily for use, and

which is an immediate chemical intermediary used, or likely to be used, in the manufacture of a

controlled dangerous substance, the control of which i is necessary to prevent, curtail or limit such

manufacture;

2, “Laboratory” means a laboratory approved by the Director as proper to be entrusted with the

custody of controlled dangerous substances and the use of controlled dangerous substances for

scientific and medical purposes and for purposes of instruction;

3. “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 2 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;

4. “Marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds

thereof the resin extracted from any part of such plant, and every compaund, manufacture, salt,

derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature

stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant,

any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks

(except the resin extracted therefrom), fiber, oif or cake, or the sterilized seed of such plant which is

incapable of germination;

5. “Medical purpose” means an intention to utilize a controlled dangerous substance for physical or

mental treatment, diagnosis or for the prevention of a disease condition not in violation of any state

or federal law and not for the purpose of satisfying physiological or psychological dependence or

other abuse; i

6, “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction

from substances of vegetable origin, or independently by means of chemical synthesis, or by

combination of extraction and chemical synthesis;

opium, coca leaves and opiates,

a compound, manufacture, salt, derivative or preparation of opium, coca leaves or opiates,

cocaine, its salts, optical and geometric isomers, and salts of isomers,

ecgonine, its derivatives, their salts, isomers and salts of isomers, and

a substance, and any compound, manufacture, salt, derivative or preparation thereof, which is

chemically identical with any of the substances referred to in subparagraphs a through d of this

paragraph, except that the words “narcotic drug” as used in section 2-101 et seq. of this title

shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not

contain cocaine or ecgonine,

eppnage

“Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar

to morphine or being capable of conversion into a drug having such addiction-forming or addiction

sustaining liability. It does not include, unless specifically designated as controlled under the

Uniform Controlled Dangerous Substances Act, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms;

“Opium poppy” means the plant of the species Papaver somniferum L., except the seeds thereof,

“Peace Officer” means a police officer, sheriff, deputy sheriff, district attorney’s investigator,

investigator from the Office of the Attomey General, or any other person elected or appointed by

law to enforce any of the criminal laws of this state or of the United States,

“Person” means individual, corporation, government or governmental subdivision or agency,

business trust, estate, trust, partnership or association, or any other legal entity;

“Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing;

“Practitioner” means:

a. aphysician, dentist, podiatrist, optometrist, veterinarian, scientific investigator or other person

licensed, registered or otherwise permitted to distribute, dispense, conduct research with

respect to, use for scientific purposes or administer a controlled dangerous substance in the

course of professioual practice or research in this state;

b. a pharmacy, hospital, laboratory or other institution licensed, registered or otherwise permitted

to distribute, dispense, conduct research with respect to, use for scientific purposes or

administer a controlled dangerous substance in the course of professional practice or research

in this state;

“Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled

dangerous substance;

“State” means the State of Oklahoma or any other state of the United States,

“Ultimate user” means a person who lawfully possesses a controled dangerous substance for his

own use or for the use of a member of his household or for administration to an animal owned by

him or by a member of his household;

“Drug, paraphernalia” means all equipment, products and materials of any king which are used or

intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing, testing, analyzing, packaging,

repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing

into the human body, a controlled dangerous substance in violation of the Uniform Controlled

Dangerous Substances Act. It includes, but is not limited to:

a. kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any

species of plant which is a controlled dangerous substance or from which a controlled

dangerous substance can be derived,

b. kits used or intended for use in manufacturing, compounding, converting, producing,

processing or preparing controlled dangerous substances,

c. isomerization devices used or intended for use in identifying, or in analyzing the strength,

effectiveness or purity of controlled dangerous substance,

d. testing equipment used or intended for use in identifying, or in analyzing the strength,

effectiveness or purity of controlled dangerous substances,

e. scales and balances used or intended for use in weighing or measuring controlled dangerous

substances,

f, diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and

lactose, use or intended for use in cutting controlled dangerous substances,

g. separation gins and sifters used or intended for use in removing twigs and seeds from, or in

otherwise cleaning or refining, marihuana,

h, blenders, bowls, containers, spoons and mixing devices used or intended for use in

compounding controlled dangerous substances,

i. capsules, balloons, envelopes and other containers used or intended for use in packaging small

quantities of controlled dangerous substances,

j. containers and other objects used or intended for use in parenterally injecting controlled

dangerous substances into the human body,

k. hypodermic syringes, needles and other objects used or intended for use in parenterally

injecting controlled dangerous substances into the human body, and

lL. objects used or intended for use in ingesting, inhaling or otherwise introducing marihuana,

cocaine, hashish or hashish oil into the human body, such as:

(1) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens,

permanent screens, hashish heads or punctured metal bowls,

(2) water pipes,

(3) carburetion tubes and devices,

(4) smoking and carburetion masks,

(5) roach clips: meaning objects used to hold buming material, such as a marihuana cigarette,

that has become too small or too short to be held in the hand,

(6} miniature cocaine spoons and cocaine vials,

(7) chamber pipes,

(8) carburetor pipes,

(9) electric pipes,

(10) air-driven pipes,

(11) chillums,

(12) bongs, or

(13) ice pipes or chillers.

Provided however, drug paraphernalia shall not include separation gins intended for use in preparing

tea or spice, clamps used for constructing electrical equipment, water pipes designed for omamentation or

pipes designed for smoking tobacco;

14. “Synthetic controlled substance” means a substance that is not a controlled dangerous substance,

but a substance that produces a like or similar physiological or psychological effect on the human

central nervous system that currently has no accepted medical use in treatment in the United States

and has a potential for abuse. The court or authority concerned with establishing that the substance

is a synthetic controlled substance should consider, in addition to all other factors, the following

factors as related to “representations made” in determining whether the substance is a synthetic

controlled substance:

gg. statements made by an owner Or by any other person in control of the substance concerning the

nature of the substance, its use or effect,

hh. statements made to the recipient that the substance may be resold for an inordinate profit,

ii. prior convictions, if any, of an owner or any person in control of the substance, under state or

federal law related to controlled dangerous substances, and

jj. the proximity of the substance to any controlled dangerous substance;

1. “Tetrahydrocannabinols” means all substances that have been chemically synthesized to emulate the

tetrahydrocannabinols of marihuana;

2, “Isomer” means the optical isomer, except as used in subsection C of Section 2-204 of this title and

paragraph 4 of subsection A of Section 2-206 of this title. As used in subsection C of Section 2-

204 of this title, “isomer” means the optical, positional or geometric isomer, As used in paragraph

4 of subsection A of Section 2-206 of this title, the term “isomer” means the optical or geometric’

isomer; and

3, “Hazardous materials” means materials, whether solid, liquid or gas; which are toxic to human,

animal, aquatic or plant life, and the disposal of which materials is controlled by state or federal

guidelines.

2-101.1. DRUG PARAPHERNALIA - FACTORS USED IN DETERMINING,

In determining whether an object is “drug paraphernalia”, a court shall consider, in addition to all other

logically relevant factors, the following:

I, Statements by an owner or by anyone in control of the object concerning its use;

2, The proximity of the object, in time and space, to a direct violation of the Uniform Controlled

Dangerous Substances Act;

3. The proximity of the object to controlled dangerous substances;

4, The existence of any residue of controlled dangerous substances on the object;

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to

deliver it to persons who intend to use the object to facilitate a violation of the Uniform Controlled

Dangerous Substances Act; the innocence of an owner, or of anyone in control of the object, as toa

direct violation of this act shall not prevent a finding that the object is drug paraphernalia;

Instructions, oral or written, provided with the object which either state directly or imply that the

abject is to be used for the consumption of controlled substances;

Descriptive materials accompanying the abject which explain or depict its use as an object for the

consumption of controlled substances;

The manner in which the object is displayed for sale;

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items

to the community, such as a licensed distributor or dealer of tobacco praducts,

10. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the

business enterprise;

11. The existence and scope of legitimate uses for the object in the community, and

12. Expert testimony conceming its use.

2-102. N/A

2-103. AGENTS - CUSTODY OF SIDEARMS AND BADGES.

Agents appointed by the Chairman shall have the powers of peace officers generally, except that the

Director may appoint special agents for specific investigatory assignments, who do not meet the age

and educational requirements outlined herein and the salary provision outlined herein shall not apply

to these special agents. Agents shall be at least twenty-one (21) years of age . Each entering agent

shall be required to serve one (1) year in a probationary status as a prerequisite to being placed on

permanent status.

Agents appointed pursuant to the provisions of this section shall have the responsibility of

investigating alleged violations and shall have the authority to arrest those suspected of having

violated the provisions of the Dangerous Drug Offense Act.

A commissioned employee of the Multi-Jurisdictional Tribal Drug Task Force shall be entitled to

receive upon retirement by reason of length of service, the continued custody and possession of the

sidearm and badge carried by such employee immediately prior to retirement.

A commissioned employee of the Task Force may be entitled to receive, upon retirement by reason

of disability, the continued custody and possession of the sidearm and badge carried by such

employee immediately prior to retirement upon written approval of the Chairman.

Custody and possession of the sidearm and badge of a commissioned employee killed in the line of

duty may be awarded by the Chairman to the spouse or next of kin of the deceased employee.

2-103.1.

2-105. DUTY OF DEPARTMENTS, OFFICERS, AGENCIES, EMPLOYEES.

it shall be the duty of all departments, officers, agencies, and employees of the Tribe to cooperate

with the Chairman, Captain of Police and Agents of The Task Force to carry out the functions of

There office.

2-106. POWERS AND DUTIES

A. The Chairman shall, in addition to other powers and duties vested in him:

Cooperate with federal and other state and Tribal agencies in discharging his responsibilities

conceming traffic in narcotics and dangerous substances an in suppressing the abuse of dangerous

substances;

Asrange for the exchange of information between governmental officials conceming the use and

abuse of dangerous substances;

Coordinate and cooperate in training programs on dangerous substances law enforcement at the

local and state levels;

Cooperate with the Drug Task Force and The Police Department in establishing a centralized unit

which will accept, catalogue, file and collect statistics, including records of drug dependent persons

and other dangerous substance law offenders within the tribe, and make such information available

for federal, state and local law enforcement purposes; and may collect and furnish statistics for other

appropriate purposes;

Coordinate and cooperate in programs of eradication aimed at destroying wild or illicit growth of

plant species from which controlled dangerous substances may be extracted.

Results, information and evidence received from the Drug Task Forcé relating to the regulatory

functions of this act, including results of inspections conducted by that agency, may be relied upon

and acted upon by the Chairman in conformance with his regulatory functions under this act.

The Chairman is further authorized and directed to:

Coordinate and cooperate in educational programs designed to prevent and deter misuse and abuse

of controlled dangerous substances;

Promote better recognition of the problems of misuse and abuse of controlled dangerous substances

within the regulated industry and among interested groups and organizations;

Assist the regulated industry, interested groups and organizations in contributing to the reduction of

misuse and abuse of controlled dangerons substances;

Consult with interested groups and organizations to aid them in solving administrative and

organizational problems;

Assist in evaluating procedures, projects, techniques and controls conducted or proposed as part of

educational programs on misuse and abuse of controlled dangerous substances;

Disseminate the results of research on misuse and abuse of controlled dangerous substances to

promote a better public understanding of what problems exist and what can be done to combat them;

and

Assist in the education and training of Tribal law enforcement officials in their efforts to control

misuse and abuse of controlled dangerous substances.

Supervise and direct agents appointed in the performance of their function of enforcement of the

provisions of this act. ;

The Chairman is further authorized and directed to:

Encourage research on misuse and abuse of controlled dangerous substances;

Cooperate in establishing methods to assess accurately the effects of controlled dangerous

substances and to identify and characterize controlled dangerous substances with potential for abuse;

Cooperate in making studies and in undertaking programs of research to

a, develop new or improved approaches, techniques, systems, equipment and devices to strengthen

the enforcement of this act;

b. determine patterns of misuse and abuse of controlled dangerous substances and the social effects

thereof, and

¢, improve methods for preventing, predicting, understanding and dealing with the misuse and

abuse of controlled dangerous substances.

The Chairman may enter into contracts with public agencies, institutions of higher education and

private organizations or individuals for the purpose of conducting research, demonstrations or

special projects which bear directly on misuse and abuse of controlled dangerous substances.

The Chairman may enter into contracts for educational and research activities without performance

bonds.

The Chairman may authorize persons engaged in research or scientific activities on the use and

effects of dangerous substances to withhold the names and other identifying characteristics of

persons who are the subjects of such research, :

The Chairman may authorize the lawfill possession, distribution and use of controlled dangerous

substances by persons engaged in research or scientific activities; authorization for possession of

controlled dangerous substances may be extended to persons engaged in a program of drug

education or persons in the performance of an official duty. Persons who obtain this authorization

shall be exempt from state prosecution for possession, distribution or use of dangerous substances to

the extent authorized by the Director.

E. The Chairman is authorized to accept gifts, bequests, devises, contributions and grants, public or

private, including federal funds or funds from any other source for use in furthering the purpose of

the office of the Chairman.

F. The Chairman shall be in charge of all monies appropriated for or deposited to the credit of the office

of the Chairman.

G. The Chairman shall have the authority of a peace officer and is authorized to commission assistants

of his office as peace officers.

ARTICLE IL

STANDARDS AND SCHEDULES

A. 2-201. Not in use at this time

2-202. NOMENCLATURE IN SCHEDULES.

The schedules provided in this act include the controlled dangerous substances listed or to be listed by

whatever official name, common or usual name, chemical name, or trade name designated.

2-203. SCHEDULE I CHARACTERISTICS.

Schedule I includes substances with the following characteristics:

1. High potential for abuse;

2, No accepted medical use in the United States or lacks accepted safety for use in treatment under

medical supervision,

2-204. SCHEDULE L

The controlled substances listed in this section are included in Schedule 1.

A. Any ofthe following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters,

and ethers, unless specifically excepted, when the existence of these isomers, esters, ethers, and salts

is possible within the specific chemical designation:

Acetylmethadol.

Allylprodine.

Alphacetylmethadol,

Alphameprodine,

Alphamethadol,

Benzethidine,

Betacetylmethadol.

Betameprodine.

Betamethadol,

10, Betaprodine.

11, Clonitazene,

12, Dextromoramide.

13. Dextrorphan (except its methyl ether).

14, Diampromide.

15, Diethyithiambutene.

16. Dimenoxadol.

17, Dimepheptanol.

18, Dimethylthiambutene.

19. Dioxaphetyl butyrate.

20. Dipipanone.

21. Ethylmethylthiambutene.

22, Etonitazene,

23. Etoxeridine.

24, Furethidine,

25. Hydroxypethidine.

26. Ketobemidone.

WON AM PWN

27. Levomoramide.

28. Levophenacylmorphan.

29. Morpheridine.

30. Noracymethadol.

31. Norlevorphanol.

32, Normethadone.

33. Norpipanone.

34, Phenadoxone,

35, Phenampromide.

36, Phenomorphan.

37, Phenoperidine.

38, Piritramide,

39, Proheptazine.

40, Properidine.

41. Racemoramide.

42. Trimeperidine.

A. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically

excepted, when the existence of these salts, isomers, and salts of isomers is possible within the

specific chemical designation:

2. Acetorphine,

3. Acetyldihydrocodeine.

4. Benzylmorphine.

5. Codeine methylbromide,

6. Codeine-N-Oxide.

7. Cyprenorphine,

8. Desomorphine.

9. Dihydromorphine.

10. Etorphine,

TL. Heroin,

12. Hydromorphinol.

13. Methyldesorphine.

14. Methylhydromorphine,

13, Morphine methylbromide.

16. Morphine methylsulfonate.

17, Morphine-N-Oxide,

18. Myrophine,

19, Nicocodeine. .

20. Nicomorphine.

21. Normorphine,

22, Phoclodine,

23. Thebacon.

A. Any material, compound, mixture, or preparation which contains any quantity of the following

hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted,

when the existence of these salts, isomers, and salts of isomers is possible within the specific

chemical designation: _

Methcathinone.

3, 4-methylenedioxy amphetamine.

5-methoxy-3, 4-methylenedioxy amphetamine.

3, 4, S-trimethoxy amphetamine.

Bufotenine.

Diethyltryptamine.

. Dimethyltryptamine.

10. 4-methyl-2, 5-dimethoxyamphetamine.

lt. Thogaine,

Pan anray

nave

. Lysergic acid diethylamide.

Marihuana,

Mescaline.

. N-ethyl-3-piperidyl benzilate.

N-methyl-3-piperidyl benzilate.

Psilocybin.

. Psilocyn.

. 2, § dimethoxyamphetamine.

. 4 Bromo-2,5-dimethoxyamphetamine.

. 4methoxyamphetamine,

. Cyclohexamine,

. Thiophene Analog of Phencyclidine. Also known as: 1-(1-(2-thienyl) cyclohexyl) PIPERIDINE; 2-

Thienyl Analog of Phencyclidine; TPCP, TCP.

. Phencyclidine (PCP).

. Pyrrolidine Analog for Phencyclidine. Also known as 1-(1-Phenyclyclohexyl) - Pyrrolidine, PCPy,

PHP.

Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or

preparation which contains any quantity of the following substances having stinmulant or depressant

effect on the central nervous system:

Fenethylline.

Mecloqualone,

N-ethylamphetamine.

Methaqualone.

2-205. SCHEDULE Il CHARACTERISTICS,

Schedule IE includes substances with the following characteristics:

High potential for abuse;

Currently accepted medical use in the United States, or currently accepted medical use with severe

restrictions; and

The abuse of the substance may lead to severe psychic or physical dependence.

2-206. SCHEDULE IL

The controlled substances listed in this section are included in Schedule I.

AWPRYWD

Any of the following substances except those narcotic drugs listed in other schedules whether

produced directly or indirectly by extraction from substances of vegetable origin, or independently by

means of chemical synthesis, or by combination of extraction and chemical synthesis:

Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or

identical with any of the substances referred to in paragraph 1 of this subsection, but not including

the isoquinoline alkaloids of opium.

Opium poppy and poppy straw.

Coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and

derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric

isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers and salts of isomers; or

any compound, mixture or preparation which contains any quantity of any of the substances referred

to in this paragraph.

Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters,

ethers, and salts is possible within the specific chemical designation:

Alphaprodine.

Anileridine.

Bezitramide.

Dihydrocodeine.

Diphenoxylate,

VARIAN SE

Fentanyl.

Tsomethadone.

Levomethorphan.

, Levorphanal.

. Metazocine.

Methadone.

. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane.

Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid.

. Pethidine, Meperidine, °

. Pethidine - Intermediate - A, 4-cyano-1~methyl-4-phenylpiperidine.

. Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate.

. Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic¢ acid.

. Phenazocine.

. Piminodine.

. Racemethorphan.

» Racemorphan.

. Etorphine Hydrochloride salt only.

. Alfentanil hydrochloride.

. Levo-alphacetylmethadal.

Any substance which contains any quantity of

Methamphetamine, including its salts, isomers, and salts of isomers.

Amphetamine, its salts, optical isomers, and salts of its optical isomers.

Unless specifically. excepted or unless listed in another schedule, any material, compound, mixture, or

preparation, which contains any quantity of the following substances having stimulant or depressant

effect on the central nervous system:

Phenmetrazine and its salts.

Methylphenidate.

Amobarbitat.

Pentobarbital,

Secobarbital.

Tetrahydrocannabinols,

2-207, SCHEDULE ID CHARACTERISTICS,

Schedule 1 includes substances with the following characteristics:

A potential for abuse less than the substances listed in Schedutes I and IT;

Currently accepted medical use in treatment in the United States; and

Abuse may lead to moderate or low physical dependence or high psychological dependence.

2-208. SCHEDULE It.

The controlled substances listed in this section are included in Schedule ID.

RAN AVPYON

10.

Unless listed in another schedule, any material, compound, mixture, or preparation, which containg

any quantity ofthe following substances or any other substance having a potential for abuse

associated with a stimulant or depressant effect on the central nervous system:

Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a

derivative of barbituric acid unless specifically excepted or unless listed in another schedule,

Chlorhexadol.

Glutethimide.

Lysergic acid,

Lysergic acid amide.

Methprylon.

Sulfondiethyimethane,

Sulfonethylmethane.

Sulfonmethane.

Benzephetamine and its salts,

12.

13.

14.

15.

16,

17.

18.

te ae el en

Chlorphentermine and its salts.

Clortermine.

Mazindol.

Phendimetrazine.

Phenylacetone (P2P).

1-Phenycyclohexylamine,

1-Piperidinocychexamecarbo nitrile (PCC).

Any material, compound, mixture, or preparation which contains any quantity of the following

hormonal substances or steroids, including their salts, isomers, esters and salts of isomers and esters,

when the existence of these salts, isomers, esters, and salts of isomers and esters is possible within

the specific chemical designation:

Boldenone,

Chlorotestosterone,

Clostebol,

Dehydrochlormethyltestosterone,

Dihydrotestosterone,

Drostanolone,

Ethylestrenol,

Fluoxymesterone,

Formebolone,

Mesterolone,

Methandienone,

Methandranone,:

Methandrio!,

Methandrostenolone,

Methenolone,

Methyltestosterone, except as provided in subsection E of this section,

Mebolerone,

Nandrolone,

Norethandrolone,

Oxandrolone,

Oxymesterone,

Oxymetholone,

. Stanolone,

Stanozolol,

Testolactone,

Testosterone, except as provided in subsection E of this section, and

aa. Trenbolone.

Livestock implants as regulated by the Federal Food and Drug Administration shall be exempt.

Ll.

Nalorphine.

Unless listed in another schedule, any material, compound, mixture, or preparation containing

limited quantities of any of the following narcotic drugs, or any salts thereof:

not more than one and eight-tenths (1.8) grams of codeine or any ofits salts, per one hundred (100)

milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or greater quantity

of an isoquinoline alkaloid of opium,

not more than one and eight-tenths (1.8) grams of codeine or any ofits salts, per one hundred (100)

milliliters or not more than ninety(90) milligrams per dosage unit, with one or more active,

nonnarcotic ingredients in recognized therapeutic amounts;

not more than three hundred (300) milligrams of dihydrocodeinone or any ofits salts, per one

hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with a fourfold or

greater quantity of an isoquinoline alkaloid of opium,

not more than three hundred (300) milligrams of dihydrocodeinone or any of its salts, per one

hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more

active, nonnarcotic ingredients in recognized therapeutic amounts,

eyr

not more than one and eight-tenths (1.8) grams of dihydrocodeine or any of its salts, per one

hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one or more

active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than three hundred (300) milligrams of ethylmorphine or any ofits salts, per one hundred

(100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one or more

ingredients in recognized therapeutic amounts;

not more than five hundred (500) milligrams of opium per one hundred (100) milliliters pr per one

hundred (100) grams, or not more than twenty-five (25) milligrams per dosage unit, with one or

more active, nonnarcotic ingredients in recognized therapeutic amotnts;

not more than fifty (50) milligrams of morphine or any ofits salts, per one hundred (100) milliliters

or per one hundred (100) grams with one or more active, nonnarcotic ingredients in recognized

therapeutic amounts.

The Board of Pharmacy may except by rule any compound, mixture, or preparation containing any

stimulant or depressant substance listed in subsections A and B of this section from the application of

all or any part of the Uniform Controlled Dangerous Substances Act if the compound, mixture, or

preparation contains one or more active medicinal ingredients not having a stimulant or depressant

effect on the central nervous system, and ifthe admixtures are included therein in combinations,

quantity, proportion, or concentration that vitiate the potential for abuse of the substances which

have 5 stimulant or depressant effect on the central nervous system,

The following hormonal substances or steroids are exempt from classification as Schedule TI

controlled dangerous substances:

Estratest, containing 1.25 mg esterified estrogen’s and 2.5 mg methyltestosterone;

Estratest HS, containing 0.625 mg esterified estrogen’s and 1.25 mg methyltestosterone;

Premarin with Methyltestosterone, containing 1.25 mg conjugated estrogen’s and 10.0 mg

methyltestosterone;

Premarin with Methyltestosterone, containing 0.625 mg conjugated estrogen’s and 5.0 mg

methyltestosteroue;

Testosterone Cypionate-Estradiol Cypionate injection, containing 50 mg-mil Testosterone Cypionate;

and

Testosterone Enanthate-Estradiol Valerate injection, containing 90 mg-ml Testosterone Enanthate

and 4 mg-ml Estradiol Valerate.

2-203. SCHEDULE IV CHARACTERISTICS.

Schedule IV includes substances with the following characteristics:

Low potential for abuse relative to substances listed in Schedule IIT;

Currently accepted medical use in treatment in use in the United States; and

Abuse of the substance may lead to limited physical dependence or psychological dependence

telative to the substances listed in Schedule IN,

2-210, SCHEDULE IV.

The controlled substances listed in this section are included in Schedule IV.

A. Any material, compound, mixture, or preparation which contains any quantity of the following

Se OMNARAW NE

substances having a potential for abuse associated with a stimulant or depressant effect on the central

nervous system:

Chloral betaine,

Chloral hydrate.

Ethehlorvynol.

Ethinamate.

Meprobamate,

Paraldehyde,

Petrichloral.

Diethylpropion,

Phentermine.

0. Pemoline.

ii,

12,

13,

14,

15.

16,

17.

18.

19.

20,

21.

22.

23.

24.

25.

26,

27,

28,

29,

30,

31.

32.

33.

34.

Chlordiazepoxide,

Chlordiazepoxide and its salts, but not including chlordiazepoxide gydrochloride and clidinium

bromide or chlordiazepoxide and water-soluble esterified estrogens,

Diazepam.

Oxazepam.

Clorazepate.

Flurazepam and its salts.

Clonazepam.

Barbital,

Mebutamate.

Methohexital.

Methylphenobarbital,

Phenobarbital.

Fenfluramine,

Pentazocine,

Dextropropoxyphene.

Butorphanol.

Alprazolam.

Halazepam.

Lorazepam,

Prazepam.

Temazepam.

Triazolam,

Carisoprodol.

Ephedrine, its salts, optical isomers, and salts of optical isomers as the only active ingredient, or in

combination with other active ingredients unless the combination product is:

a, in compliance with the pertinent federal OTC Tentative Final Monograph or Final Monograph

as to dosage, labeling, and ingredient formulation, or

b. the drug product is marketed pursuant to a federal Food and Drug Administration-approved

new drug application or its equivalent,

The Board of Pharmacy may except by rule any compound, mixture, or preparation containing any

depressant substance listed in subsection A of this section from the application of all or any part of

the Unifonn Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, ifthe

compound, mixture, or preparation contains one or more active medicinal ingredients not having a

depressant effect on the central nervous system, and if the admixtures are included therein in

combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the

substances which have a depressant effect on the central nervous system.

2-211, SCHEDULE V CHARACTERISTICS.

Schedule V includes substances with the following characteristics:

Low potential for abuse relative to the controlled substances listed in Schedule IV;

Currently accepted medical use in treatment in the United States; and

Limited physical dependence or psychological dependence liability relative to the controlled

substances listed in Schedule IV.

2-212, SCHEDULE V.

The controlled substances listed in this section are included in Schedule V.

Any compound, mixture, or preparation containing limited quantities of any of the following narcotic

drags, which also contains one or more nounarcotic active medicinal ingredients in sufficient proportion to

confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed

by the narcotic drug alone:

Not more than two hundred (200) milligrams of codeine, or any ofits salts, per one hundred (100)

milliliters or per 100 grams,

Not more than one hundred (100) milligrams of dihydrocodeine, or any of its salts, per one hundred

(100) milliliters or per 100 grams.

Not more than one hundred (100) milligrams of ethylmorphine, or any of its salts, per ane hundred

(100) milliliters or per one hundred (100) grams.

Not more than two and five-tenths (2.5) milligrams of diphenoxylate and not fess than twenty-five

(25) micrograms of atropine sulfate per dosage unit.

Not more than one hundred (100) milligrams of opium per 100 milliliters or per 100 grams.

PRECURSOR SUBSTANCES ACT

2-321. SHORT TITLE.

Sections 3 through I1 of this act shall constitute a part of the Dangerous Drug Offense Act and shall be

known and may be cited as the “Precursor Substances Act”.

2-322, PRECURSOR SUBSTANCES - LICENSE OR PERMIT.

WM Aw bw re

No person or business shall possess, sell, manufacture, transfer, or otherwise frnish any of the

following precursor substances without first having a permit or license issued by the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, except as provided in Section 9

of this act:

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.

. Chloroéphedrine, its salts, optical isomers and salts of optical isomers,

. Piperidine and its salts,

. Pyrrolidine and its salts,

. Propionic anhydride,

. Isosafrole,

. Safrale.

. Piperonal.

Upon completion of an application for a license pursuant to Section 5 of this act, or a permit

pursuant to Section 6 of this act, the Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control shall either grant or deny such license or permit. A denial of an

application for a permit or license shall be handled as provided by Section 7 of this act.

2-327, SALE OR TRANSFER OF CERTAIN NONNARCOTIC PRODUCTS.

Sections 4 through 8 of this act shall not apply to the sale or transfer ofa nonnarcotic product that

includes a precursor substances defined in Section 4 of this act, ifthe product may be sold lawfully with a

prescription or over the counter without a prescription pursuant to the Federal Food, Drug and Cosmetic

Act, 21 U.S.C, Section 301 ct seq., or a rule adopted pursuant thereto. Further, this act shall not apply to

common carriers in the transaction of business as common carriers,

2-328, VIOLATIONS - PENALTIES

A. Aperson or business who manufactures, sells, transfers, furnishes, or receives a precursor substance

defined in Section 4 of this act commits an offense if the person:

wher

Does not comply with the requirements of Sections 4, 5 or 8 of this act; or

Knowingly makes a false statement in a report or record required by Section 5 or 8 of this act.

A person who manufactures, sells, transfers, or otherwise furnishes a’precursor substance defined in

Section 4 of this act commits an offense if the person manufactures, sells, transfers, or furnishes the

substance with the knowledge or intent that the recipient shall use the substance to unlawfully

manufacture a controlled substance or a controlled substance analog.

A person who is required by Sections 4 or 6 of this act to have a permit for precursor substances

commits an offense if the person:

Purchases, obtains, or possesses a precursor substance without having first obtained a permit;

Has in his possession or immediate control a precursor substance with no attached permit;

Knowingly makes a false statement in an application or report required by Sections 6 or 8 of this act;

Manufacturers, sells, transfers, or otherwise furnishes any person or business a precursor substarice

defined in Section 4 of this act, who does not have a permit.

An offense under subsection C or E of this section is a

ARTICLE Iv,

OFFENSES AND PENALTIES

2-401. PROHIBITED ACTS A - PENALTIES,

A. Except as authorized by the Dangerous Drug Offense Act, Section 2- 101 et seq. of this title, it shall

be unlawful for any person:

To distribute, dispense, transport with intent to distribute or dispense, or solicit the use of or use the

services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a

controlled dangerous substance or possess with intent to manufacture, distribute, or dispense, a

controlled dangerous substance;

To create, distribute, transport with intent to distribute or dispense, or possess with intent to

distribute, a counterfeit controlied dangerous substance; or

To distribute any imitation controlled substance as defined by Section 2-101 of this title, except

when authorized by the Food and Drug Administration of the United States Department of Health

and Human Services,

Any person who violates the provisions of this section with respect to:

A substance classified in Schedule I or I which is a narcotic drug or lysergic acid diethylamide

{LSD), upon conviction, shall be guilty of a misdemeanor

Any other controlled dangerous substance classified in Schedule I, I, I, or TV, upon conviction,

shall be guilty of a misdemeanor

A substance classified in Schedule V, upon conviction, shall be guilty of a misdemeanor

An imitation controlled substance as defined by Section 2-101 of this title, upon conviction, shall be

guilty of a misdemeanor

Except when authorized by the Food and Drug Administration of the United States Department of

Health and Human Services, it shall be unlawful for any person to manufacture distribute, or possess

with intent to distribute a synthetic controlled substance. Any person convicted of violating the

provisions of this paragraph is guilty of a misderneanor

A. Except as authorized by the Dangerous Drug Offense Act, it shall be unlawful for any person to

manufacture or attempt to manufacture any controlled dangerous substance. Any person violating

the provisions of this section with respect to the unlawful manufacturing or attempting to unlawfully

manufacture any controlled dangerous substance, upon conviction, is guilty of'a misdemeanor and

shall be punished by imprisonment in the Tribal Jail for not more than 6 months and by a fine of not

to exceed $500.00 or both.

Any person convicted of any offense described in this section may, in iddition to the fine imposed, be

assessed an amount not to exceed ten percent (10%) of the fine imposed. Such assessment shall be paid

into a revolving find for enforcement of controlled dangerous substances created pursuant to Section 2-

506 of this title.

G. For purpose of this section, "public housing project’ means any dwelling or accommodations

operated as a state or federally subsidized multifamily housing project by any housing authority,

nonprofit corporation or municipal developer or housing projects created pursuant to the Oklahoma

Housing Authority Act, Section 1051 et seq, of this title.

2-402. PROHIBITED ACTS B - PENALTIES.

A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous

substance unless such substance was obtained directly, or pursuant to a valid prescription or order

fom a practitioner, while acting in the course of his professional practice, except as otherwise

authorized by this act.

1. It shall be unlawful for any person to purchase any preparation excepted from the provisions of

the Dangerous Drug Offense Act, Section 2-101 et seq, of this title, pursuant to Section 2-313 of

this title in an amount or within a time interval other than that permitted by Section 2-313 of this

title.

2. Tt shall be unlawful for any person or business to sell, market, advertise or label any product

containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of

stimulation, mental aleriness, weight loss, appetite control, muscle development, energy or other

indication which is not approved’by the pertinent federal OTC Final Monograph, Tentative Final

Monograph, or FDA-approved new drug application or its legal equivalent. In determining

compliance with this requirement, the following factors shall be considered:

a the packaging of the product,

b. the name of the product, and

c. the distribution and promotion of the product, including verbal representations made at the

point of sale.

A. Any person who violates this section with respect to:

2. Any Schedule I or H substance, except marihuana or a substance included in subsection D of Section

2-206, is guilty of'a misdemeanor punishable by imprisonment for not more than Six months and or

a fine not to exceed $500.00

3. Any Schedule HI, IV or V substance, marihuana, a substance included in subsection D of section 2-

206, or any preparation excepted from the provisions of the Dangerous Drug Offense Act shall be

guilty of a misdemeanor punishable by confinement for not more than 6 months and or a fine not to

exceed $500.00.

2-403, PROHIBITED ACTS C - PENALTIES,

A, Any person found guilty of larceny, burglary or theft of controlled dangerous substances is guilty of

a misdemeanor punishable by imprisonment for a period uot to exceed 6 months and or a fine not to

exceed $500.00,

Any person found guilty of robbery or attempted robbery of controfled dangerous substances from a

practitioner, manufacturer, distributor or agent thereof as defined in Section 2-101 of this title

is guilty ofa misdemeanor punishable by imprisonment for a period of 6 months and or a fine

not to exceed $500.00

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.