1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 2941 By: Bashore | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to fentanyl overdose and overdose | | reporting; requiring first responders to report drug | 8| overdose; requiring medical care before reporting; | | providing for immunity; amending 63 O.S. 2021, | 9| Section 2-401, as last amended by Section 13, Chapter | | 486, O.S.L. 2025 (63 O.S. Supp. 2025, Section 2-401), | 10| which relates to prohibited acts; providing | | rebuttable prima facie evidence that fentanyl was the | 11| proximate cause of death; providing for codification; | | and providing an effective date. | 12| | | | 13| | | | 14| | | | 15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 16| SECTION 1. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 1-2506.3 of Title 63, unless | | | 18|there is created a duplication in numbering, reads as follows: | | | 19| A. When any first responder, as defined in section 1-2506.1 of | | | 20|this title, responds to an incident in which the first responder | | | 21|reasonably believes a person is experiencing or has experienced a | | | 22|drug overdose, the first responder shall contact local law | | | 23|enforcement as soon as practicable after attending to the medical | | | 24|needs of the person. | | | Req. No. 14101 Page 1 ___________________________________________________________________________
1| B. The obligation to contact law enforcement does not require | | | 2|delay in providing medically necessary emergency care. | | | 3| C. A first responder acting in good faith under this section | | | 4|shall be immune from civil or criminal liability for contacting law | | | 5|enforcement. | | | 6| SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-401, as | | | 7|last amended by Section 13, Chapter 486, O.S.L. 2025 (63 O.S. Supp. | | | 8|2025, Section 2-401), is amended to read as follows: | | | 9| Section 2-401. A. Except as authorized by the Uniform | | | 10|Controlled Dangerous Substances Act, it shall be unlawful for any | | | 11|person: | | | 12| 1. To distribute, dispense, transport with intent to distribute | | | 13|or dispense, possess with intent to manufacture, distribute, or | | | 14|dispense, a controlled dangerous substance or to solicit the use of | | | 15|or use the services of a person less than eighteen (18) years of age | | | 16|to cultivate, distribute or dispense a controlled dangerous | | | 17|substance; | | | 18| 2. To create, distribute, transport with intent to distribute | | | 19|or dispense, or possess with intent to distribute, a counterfeit | | | 20|controlled dangerous substance; or | | | 21| 3. To distribute any imitation controlled substance as defined | | | 22|by Section 2-101 of this title, except when authorized by the Food | | | 23|and Drug Administration of the United States Department of Health | | | 24|and Human Services. | | | Req. No. 14101 Page 2 ___________________________________________________________________________
1| B. Any person who violates the provisions of this section with | | | 2|respect to: | | | 3| 1. A substance classified in Schedule I or II, except for | | | 4|marijuana, upon conviction, shall be guilty of transporting or | | | 5|possessing with an intent to distribute a controlled dangerous | | | 6|substance, a Class C2 felony offense, and shall be sentenced to a | | | 7|term of imprisonment as provided for in subsections B through F of | | | 8|Section 20M of Title 21 of the Oklahoma Statutes, and a fine not | | | 9|more than One Hundred Thousand Dollars ($100,000.00), which shall be | | | 10|in addition to other punishment provided by law and shall not be | | | 11|imposed in lieu of other punishment. A second conviction for the | | | 12|violation of provisions of this paragraph is a Class C2 felony | | | 13|offense punishable by a term of imprisonment as provided for in | | | 14|subsections B through F of Section 20M of Title 21 of the Oklahoma | | | 15|Statutes. A third or subsequent conviction for the violation of the | | | 16|provisions of this paragraph is a Class C2 felony offense punishable | | | 17|by a term of imprisonment as provided for in subsections B through F | | | 18|of Section 20M of Title 21 of the Oklahoma Statutes; | | | 19| 2. Any other controlled dangerous substance classified in | | | 20|Schedule III, IV, V or marijuana, upon conviction, shall be guilty | | | 21|of a Class D1 felony offense and shall be sentenced to a term of | | | 22|imprisonment as provided for in subsections B through F of Section | | | 23|20N of Title 21 of the Oklahoma Statutes and a fine not more than | | | 24|Twenty Thousand Dollars ($20,000.00), which shall be in addition to | | | Req. No. 14101 Page 3 ___________________________________________________________________________
1|other punishment provided by law and shall not be imposed in lieu of | | | 2|other punishment. A second conviction for the violation of the | | | 3|provisions of this paragraph is a Class D1 felony offense punishable | | | 4|by a term of imprisonment as provided for in subsections B through F | | | 5|of Section 20N of Title 21 of the Oklahoma Statutes. A third or | | | 6|subsequent conviction for the violation of the provisions of this | | | 7|paragraph is a Class D1 felony offense punishable by a term of | | | 8|imprisonment as provided for in subsections B through F of Section | | | 9|20M of Title 21 of the Oklahoma Statutes; or | | | 10| 3. An imitation controlled substance as defined by Section | | | 11|2-101 of this title, upon conviction, shall be guilty of a | | | 12|misdemeanor and shall be sentenced to a term of imprisonment in the | | | 13|county jail for a period not more than one (1) year and a fine not | | | 14|more than One Thousand Dollars ($1,000.00). A person convicted of a | | | 15|second violation of the provisions of this paragraph shall be guilty | | | 16|of a Class D2 felony offense and shall be sentenced to a term of | | | 17|imprisonment as provided for in subsections B through F of Section | | | 18|20O of Title 21 of the Oklahoma Statutes, and a fine not more than | | | 19|Five Thousand Dollars ($5,000.00), which shall be in addition to | | | 20|other punishment provided by law and shall not be imposed in lieu of | | | 21|other punishment. | | | 22| C. 1. Except when authorized by the Food and Drug | | | 23|Administration of the United States Department of Health and Human | | | 24|Services, it shall be unlawful for any person to manufacture or | | | Req. No. 14101 Page 4 ___________________________________________________________________________
1|distribute a controlled substance or synthetic controlled substance. | | | 2| 2. Any person convicted of violating the provisions of | | | 3|paragraph 1 of this subsection with respect to distributing a | | | 4|controlled substance is guilty of a Class C2 felony offense and | | | 5|shall be punished by imprisonment as provided for in subsections B | | | 6|through F of Section 20M of Title 21 of the Oklahoma Statutes, and a | | | 7|fine not more than Twenty-five Thousand Dollars ($25,000.00), which | | | 8|shall be in addition to other punishment provided by law and shall | | | 9|not be imposed in lieu of other punishment. | | | 10| 3. A second conviction for the violation of the provisions of | | | 11|paragraph 1 of this subsection with respect to distributing a | | | 12|controlled substance is a Class C2 felony offense punishable by | | | 13|imprisonment as provided for in subsections B through F of Section | | | 14|20M of Title 21 of the Oklahoma Statutes. A third or subsequent | | | 15|conviction for the violation of the provisions of this paragraph is | | | 16|a Class C2 felony offense punishable by imprisonment as provided for | | | 17|in subsections B through F of Section 20M of Title 21 of the | | | 18|Oklahoma Statutes. | | | 19| 4. Any person convicted of violating the provisions of | | | 20|paragraph 1 of this subsection with respect to manufacturing a | | | 21|controlled substance is guilty of a Class C2 felony offense and | | | 22|shall be punished by imprisonment as provided for in subsections B | | | 23|through F of Section 20M of Title 21 of the Oklahoma Statutes, and a | | | 24|fine not more than Twenty-five Thousand Dollars ($25,000.00), which | | | Req. No. 14101 Page 5 ___________________________________________________________________________
1|shall be in addition to other punishment provided by law and shall | | | 2|not be imposed in lieu of other punishment. | | | 3| 5. A second conviction for the violation of the provisions of | | | 4|paragraph 1 of this subsection with respect to manufacturing a | | | 5|controlled substance is a Class C2 felony offense punishable by | | | 6|imprisonment as provided for in subsections B through F of Section | | | 7|20M of Title 21 of the Oklahoma Statutes. A third or subsequent | | | 8|conviction for the violation of the provisions of this paragraph is | | | 9|a Class C2 felony offense punishable by imprisonment as provided for | | | 10|in subsections B through F of Section 20M of Title 21 of the | | | 11|Oklahoma Statutes. | | | 12| D. Convictions for violations of the provisions of this section | | | 13|shall be subject to the statutory provisions for suspended or | | | 14|deferred sentences, or probation as provided in Section 991a of | | | 15|Title 22 of the Oklahoma Statutes. | | | 16| E. Any person who is at least eighteen (18) years of age and | | | 17|who violates the provisions of this section by using or soliciting | | | 18|the use of services of a person less than eighteen (18) years of age | | | 19|to distribute, dispense, transport with intent to distribute or | | | 20|dispense or cultivate a controlled dangerous substance or by | | | 21|distributing a controlled dangerous substance to a person under | | | 22|eighteen (18) years of age, or in the presence of a person under | | | 23|twelve (12) years of age, is guilty of a Class C1 felony offense | | | 24|punishable by: | | | Req. No. 14101 Page 6 ___________________________________________________________________________
1| 1. For a first violation of this subsection, a term of | | | 2|imprisonment in the custody of the Department of Corrections not | | | 3|less than two (2) years nor more than ten (10) years; | | | 4| 2. For a second violation of this subsection, a term of | | | 5|imprisonment in the custody of the Department of Corrections for not | | | 6|less than four (4) years nor more than twenty (20) years; or | | | 7| 3. For a third or subsequent violation of this subsection, a | | | 8|term of imprisonment in the custody of the Department of Corrections | | | 9|for not less than ten (10) years nor more than life. | | | 10| F. Any person who violates any provision of this section by | | | 11|transporting with intent to distribute or dispense, distributing or | | | 12|possessing with intent to distribute a controlled dangerous | | | 13|substance to a person, or violation of subsection G of this section, | | | 14|in or on, or within two thousand (2,000) feet of the real property | | | 15|comprising a public or private elementary or secondary school, | | | 16|public vocational school, public or private college or university, | | | 17|or other institution of higher education, recreation center or | | | 18|public park, including a state park or recreation area, public | | | 19|housing project, or child care facility as defined by Section 402 of | | | 20|Title 10 of the Oklahoma Statutes, shall be guilty of a Class C1 | | | 21|felony offense and shall be punished by: | | | 22| 1. For a first offense, a term of imprisonment as provided for | | | 23|in subsections B through E of Section 20L of Title 21 of the | | | 24|Oklahoma Statutes; or | | | Req. No. 14101 Page 7 ___________________________________________________________________________
1| 2. For a second or subsequent violation of this section, a term | | | 2|of imprisonment as provided for in subsections B through E of | | | 3|Section 20L of Title 21 of the Oklahoma Statutes, or by the | | | 4|imposition of a fine, or by both, not exceeding thrice that | | | 5|authorized by the appropriate provision of this section. | | | 6|Convictions for second and subsequent violations of the provisions | | | 7|of this section shall not be subject to statutory provisions of | | | 8|suspended sentences, deferred sentences or probation. | | | 9| G. 1. Except as authorized by the Uniform Controlled Dangerous | | | 10|Substances Act, it shall be unlawful for any person to manufacture | | | 11|or attempt to manufacture any controlled dangerous substance or | | | 12|possess any substance listed in Section 2-322 of this title or any | | | 13|substance containing any detectable amount of pseudoephedrine or its | | | 14|salts, optical isomers or salts of optical isomers, iodine or its | | | 15|salts, optical isomers or salts of optical isomers, hydriodic acid, | | | 16|sodium metal, lithium metal, anhydrous ammonia, phosphorus, or | | | 17|organic solvents with the intent to use that substance to | | | 18|manufacture a controlled dangerous substance. | | | 19| 2. Any person violating the provisions of this subsection with | | | 20|respect to the unlawful manufacturing or attempting to unlawfully | | | 21|manufacture any controlled dangerous substance, possessing any | | | 22|substance listed in this subsection or Section 2-322 of this title, | | | 23|or combining fentanyl with any other controlled dangerous substance, | | | 24|upon conviction, is guilty of a Class A2 felony offense and shall be | | | Req. No. 14101 Page 8 ___________________________________________________________________________
1|punished by imprisonment in the custody of the Department of | | | 2|Corrections for not less than seven (7) years nor more than life and | | | 3|by a fine not less than Fifty Thousand Dollars ($50,000.00), which | | | 4|shall be in addition to other punishment provided by law and shall | | | 5|not be imposed in lieu of other punishment. The possession of any | | | 6|amount of anhydrous ammonia in an unauthorized container shall be | | | 7|prima facie evidence of intent to use such substance to manufacture | | | 8|a controlled dangerous substance. | | | 9| 3. Any person violating the provisions of this subsection with | | | 10|respect to the unlawful manufacturing or attempting to unlawfully | | | 11|manufacture any controlled dangerous substance in the following | | | 12|amounts: | | | 13| a. one (1) kilogram or more of a mixture or substance | | | 14| containing a detectable amount of heroin, | | | 15| b. five (5) kilograms or more of a mixture or substance | | | 16| containing a detectable amount of: | | | 17| (1) coca leaves, except coca leaves and extracts of | | | 18| coca leaves from which cocaine, ecgonine, and | | | 19| derivatives of ecgonine or their salts have been | | | 20| removed, | | | 21| (2) cocaine, its salts, optical and geometric | | | 22| isomers, and salts of isomers, | | | 23| (3) ecgonine, its derivatives, their salts, isomers, | | | 24| and salts of isomers, or | | | Req. No. 14101 Page 9 ___________________________________________________________________________
1| (4) any compound, mixture, or preparation which | | | 2| contains any quantity of any of the substances | | | 3| referred to in divisions (1) through (3) of this | | | 4| subparagraph, | | | 5| c. fifty (50) grams or more of a mixture or substance | | | 6| described in division (2) of subparagraph b of this | | | 7| paragraph which contains cocaine base, | | | 8| d. one hundred (100) grams or more of phencyclidine | | | 9| (PCP) or one (1) kilogram or more of a mixture or | | | 10| substance containing a detectable amount of | | | 11| phencyclidine (PCP), | | | 12| e. ten (10) grams or more of a mixture or substance | | | 13| containing a detectable amount of lysergic acid | | | 14| diethylamide (LSD), | | | 15| f. four hundred (400) grams or more of a mixture or | | | 16| substance containing a detectable amount of | | | 17| N-phenyl-N-[1-(2-pheylethy)-4-piperidinyl] propanamide | | | 18| or 100 grams or more of a mixture or substance | | | 19| containing a detectable amount of any analogue of | | | 20| N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] | | | 21| propanamide, | | | 22| g. one thousand (1,000) kilograms or more of a mixture | | | 23| or substance containing a detectable amount of | | | 24| | | | Req. No. 14101 Page 10 ___________________________________________________________________________
1| marijuana or one thousand (1,000) or more marijuana | | | 2| plants regardless of weight, | | | 3| h. fifty (50) grams or more of methamphetamine, its | | | 4| salts, isomers, and salts of its isomers or five | | | 5| hundred (500) grams or more of a mixture or substance | | | 6| containing a detectable amount of methamphetamine, its | | | 7| salts, isomers, or salts of its isomers, or | | | 8| i. ten (10) grams or more of a mixture or substance | | | 9| containing a detectable amount of fentanyl, its | | | 10| analogs, or derivatives, | | | 11|upon conviction, is guilty of aggravated manufacturing of a | | | 12|controlled dangerous substance, a Class A1 felony offense, | | | 13|punishable by imprisonment in the custody of the Department of | | | 14|Corrections for not less than twenty (20) years nor more than life | | | 15|and by a fine not less than Fifty Thousand Dollars ($50,000.00), | | | 16|which shall be in addition to other punishment provided by law and | | | 17|shall not be imposed in lieu of other punishment. Any person | | | 18|convicted of a violation of the provisions of this paragraph shall | | | 19|be required to serve a minimum of eighty-five percent (85%) of the | | | 20|sentence received prior to becoming eligible for state correctional | | | 21|earned credits towards the completion of the sentence or eligible | | | 22|for parole. | | | 23| 4. Any sentence to the custody of the Department of Corrections | | | 24|for any violation of paragraph 3 of this subsection shall not be | | | Req. No. 14101 Page 11 ___________________________________________________________________________
1|subject to statutory provisions for suspended sentences, deferred | | | 2|sentences, or probation. A person convicted of a second or | | | 3|subsequent violation of the provisions of paragraph 3 of this | | | 4|subsection shall be punished as a habitual offender pursuant to | | | 5|Section 51.1 of Title 21 of the Oklahoma Statutes and shall be | | | 6|required to serve a minimum of eighty-five percent (85%) of the | | | 7|sentence received prior to becoming eligible for state correctional | | | 8|earned credits or eligibility for parole. | | | 9| 5. Any person who has been convicted of manufacturing or | | | 10|attempting to manufacture methamphetamine pursuant to the provisions | | | 11|of this subsection and who, after such conviction, purchases or | | | 12|attempts to purchase, receive or otherwise acquire any product, | | | 13|mixture, or preparation containing any detectable quantity of base | | | 14|pseudoephedrine or ephedrine shall, upon conviction, be guilty of a | | | 15|Class B3 felony offense punishable by imprisonment in the custody of | | | 16|the Department of Corrections for a term in the range of twice the | | | 17|minimum term provided for in paragraph 2 of this subsection. | | | 18| H. In any investigation or prosecution involving a fatal | | | 19|overdose, the presence of fentanyl, a fentanyl analogue, or any | | | 20|mixture or substance containing a detectable amount of fentanyl in | | | 21|the decedent's blood, tissue, or post-mortem toxicology shall | | | 22|constitute rebuttable prima facie evidence that fentanyl was the | | | 23|proximate cause of death. | | | 24| | | | Req. No. 14101 Page 12 ___________________________________________________________________________
1| I. Any person convicted of any offense described in the Uniform | | | 2|Controlled Dangerous Substances Act may, in addition to the fine | | | 3|imposed, be assessed an amount not to exceed ten percent (10%) of | | | 4|the fine imposed. Such assessment shall be paid into a revolving | | | 5|fund for enforcement of controlled dangerous substances created | | | 6|pursuant to Section 2-506 of this title. | | | 7|I.J. Any person convicted of any offense described in this | | | 8|section shall, in addition to any fine imposed, pay a special | | | 9|assessment trauma-care fee of One Hundred Dollars ($100.00) to be | | | 10|deposited into the Trauma Care Assistance Revolving Fund created in | | | 11|Section 1-2530.9 of this title. | | | 12|J.K. For purposes of this section, "public housing project" | | | 13|means any dwelling or accommodations operated as a state or | | | 14|federally subsidized multifamily housing project by any housing | | | 15|authority, nonprofit corporation or municipal developer or housing | | | 16|projects created pursuant to the Oklahoma Housing Authorities Act. | | | 17|K.L. When a person is found guilty of a violation of the | | | 18|provisions of this section, the court shall order, in addition to | | | 19|any other penalty, the defendant to pay a one-hundred-dollar | | | 20|assessment to be deposited in the Drug Abuse Education and Treatment | | | 21|Revolving Fund created in Section 2-503.2 of this title, upon | | | 22|collection. | | | 23|L.M. Any person convicted of a second or subsequent felony | | | 24|violation of the provisions of this section, except for paragraphs 1 | | | Req. No. 14101 Page 13 ___________________________________________________________________________
1|and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of | | | 2|subsection C of this section, paragraphs 1, 2, and 3 of subsection E | | | 3|of this section and paragraphs 1 and 2 of subsection F of this | | | 4|section, shall be punished as a habitual offender pursuant to | | | 5|Section 51.1 of Title 21 of the Oklahoma Statutes. | | | 6| SECTION 3. This act shall become effective November 1, 2026. | | | 7| | | | 8| 60-2-14101 TJ 12/11/25 | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 14101 Page 14