1| STATE OF OKLAHOMA |
| |
2| 2nd Session of the 60th Legislature (2026) |
| |
3|SENATE BILL 2043 By: Standridge |
| |
4| |
| |
5| |
| |
6| AS INTRODUCED |
| |
7| An Act relating to harm-reduction services; amending |
| 63 O.S. 2021, Section 2-101, as last amended by |
8| Section 8, Chapter 343, O.S.L. 2025 (63 O.S. Supp. |
| 2025, Section 2-101), which relates to definitions |
9| used in the Uniform Controlled Dangerous Substances |
| Act; removing certain definition; amending 63 O.S. |
10| 2021, Section 2-101.1, which relates to drug |
| paraphernalia; updating statutory language; |
11| eliminating certain protection; repealing 63 O.S. |
| 2021, Section 2-1101, which relates to harm-reduction |
12| services; providing an effective date; and declaring |
| an emergency. |
13| |
| |
14| |
| |
15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
16| SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-101, as |
| |
17|last amended by Section 8, Chapter 343, O.S.L. 2025 (63 O.S. Supp. |
| |
18|2025, Section 2-101), is amended to read as follows: |
| |
19| Section 2-101. As used in the Uniform Controlled Dangerous |
| |
20|Substances Act: |
| |
21| 1. "Acute pain" means pain, whether resulting from disease, |
| |
22|accidental trauma, intentional trauma, or other cause that the |
| |
23|practitioner reasonably expects to last only a short period of time. |
| |
24| Acute pain does not include chronic pain, pain being treated as |
| |
Req. No. 2350 Page 1
___________________________________________________________________________
1|part of cancer care, hospice or other end-of-life care, or pain |
| |
2|being treated as part of palliative care; |
| |
3| 2. "Administer" means the direct application of a controlled |
| |
4|dangerous substance, whether by injection, inhalation, ingestion or |
| |
5|any other means, to the body of a patient, animal or research |
| |
6|subject by: |
| |
7| a. a practitioner (or, in the presence of the |
| |
8| practitioner, by the authorized agent of the |
| |
9| practitioner), or |
| |
10| b. the patient or research subject at the direction and |
| |
11| in the presence of the practitioner; |
| |
12| 3. "Agent" means a peace officer appointed by and who acts on |
| |
13|behalf of the Director of the Oklahoma State Bureau of Narcotics and |
| |
14|Dangerous Drugs Control or an authorized person who acts on behalf |
| |
15|of or at the direction of a person who manufactures, distributes, |
| |
16|dispenses, prescribes, administers or uses for scientific purposes |
| |
17|controlled dangerous substances but does not include a common or |
| |
18|contract carrier, public warehouser or employee thereof, or a person |
| |
19|required to register under the Uniform Controlled Dangerous |
| |
20|Substances Act; |
| |
21| 4. "Anhydrous ammonia" means any substance that exhibits |
| |
22|cryogenic evaporative behavior and tests positive for ammonia; |
| |
23| 5. "Board" means the Advisory Board to the Director of the |
| |
24|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
| |
Req. No. 2350 Page 2
___________________________________________________________________________
1| 6. "Bureau" means the Oklahoma State Bureau of Narcotics and |
| |
2|Dangerous Drugs Control; |
| |
3| 7. "Chronic pain" means pain that persists beyond the usual |
| |
4|course of an acute disease or healing of an injury. Chronic pain |
| |
5|may or may not be associated with an acute or chronic pathologic |
| |
6|process that causes continuous or intermittent pain over months or |
| |
7|years; |
| |
8| 8. "Coca leaves" includes cocaine and any compound, |
| |
9|manufacture, salt, derivative, mixture or preparation of coca |
| |
10|leaves, except derivatives of coca leaves which do not contain |
| |
11|cocaine or ecgonine; |
| |
12| 9. "Commissioner" or "Director" means the Director of the |
| |
13|Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; |
| |
14| 10. "Control" means to add, remove or change the placement of a |
| |
15|drug, substance or immediate precursor under the Uniform Controlled |
| |
16|Dangerous Substances Act; |
| |
17| 11. "Controlled dangerous substance" means a drug, substance or |
| |
18|immediate precursor in Schedules I through V of the Uniform |
| |
19|Controlled Dangerous Substances Act or any drug, substance or |
| |
20|immediate precursor listed either temporarily or permanently as a |
| |
21|federally controlled substance. Any conflict between state and |
| |
22|federal law with regard to the particular schedule in which a |
| |
23|substance is listed shall be resolved in favor of state law; |
| |
24| |
| |
Req. No. 2350 Page 3
___________________________________________________________________________
1| 12. "Counterfeit substance" means a controlled substance which, |
| |
2|or the container or labeling of which without authorization, bears |
| |
3|the trademark, trade name or other identifying marks, imprint, |
| |
4|number or device or any likeness thereof of a manufacturer, |
| |
5|distributor or dispenser other than the person who in fact |
| |
6|manufactured, distributed or dispensed the substance; |
| |
7| 13. "Deliver" or "delivery" means the actual, constructive or |
| |
8|attempted transfer from one person to another of a controlled |
| |
9|dangerous substance or drug paraphernalia, whether or not there is |
| |
10|an agency relationship; |
| |
11| 14. "Dispense" means to deliver a controlled dangerous |
| |
12|substance to an ultimate user or human research subject by or |
| |
13|pursuant to the lawful order of a practitioner, including the |
| |
14|prescribing, administering, packaging, labeling or compounding |
| |
15|necessary to prepare the substance for such distribution. |
| |
16|"Dispenser" is a practitioner who delivers a controlled dangerous |
| |
17|substance to an ultimate user or human research subject; |
| |
18| 15. "Distribute" means to deliver other than by administering |
| |
19|or dispensing a controlled dangerous substance; |
| |
20| 16. "Distributor" means a commercial entity engaged in the |
| |
21|distribution or reverse distribution of narcotics and dangerous |
| |
22|drugs and who complies with all regulations promulgated by the |
| |
23|federal Drug Enforcement Administration and the Oklahoma State |
| |
24|Bureau of Narcotics and Dangerous Drugs Control; |
| |
Req. No. 2350 Page 4
___________________________________________________________________________
1| 17. "Drug" means articles: |
| |
2| a. recognized in the official United States Pharmacopeia, |
| |
3| official Homeopathic Pharmacopoeia of the United |
| |
4| States, or official National Formulary, or any |
| |
5| supplement to any of them, |
| |
6| b. intended for use in the diagnosis, cure, mitigation, |
| |
7| treatment or prevention of disease in man or other |
| |
8| animals, |
| |
9| c. other than food, intended to affect the structure or |
| |
10| any function of the body of man or other animals, and |
| |
11| d. intended for use as a component of any article |
| |
12| specified in this paragraph; |
| |
13|provided, however, the term drug does not include devices or their |
| |
14|components, parts or accessories; |
| |
15| 18. "Drug paraphernalia" means all equipment, products, and |
| |
16|materials of any kind which are used, intended for use, or fashioned |
| |
17|specifically for use in planting, propagating, cultivating, growing, |
| |
18|harvesting, manufacturing, compounding, converting, producing, |
| |
19|processing, preparing, testing, analyzing, packaging, repackaging, |
| |
20|storing, containing, concealing, injecting, ingesting, inhaling, or |
| |
21|otherwise introducing into the human body, a controlled dangerous |
| |
22|substance in violation of the Uniform Controlled Dangerous |
| |
23|Substances Act including, but not limited to: |
| |
24| |
| |
Req. No. 2350 Page 5
___________________________________________________________________________
1| a. kits used, intended for use, or fashioned |
| |
2| specifically for use in planting, propagating, |
| |
3| cultivating, growing, or harvesting of any species of |
| |
4| plant which is a controlled dangerous substance or |
| |
5| from which a controlled dangerous substance can be |
| |
6| derived, |
| |
7| b. kits used, intended for use, or fashioned |
| |
8| specifically for use in manufacturing, compounding, |
| |
9| converting, producing, processing, or preparing |
| |
10| controlled dangerous substances, |
| |
11| c. isomerization devices used, intended for use, or |
| |
12| fashioned specifically for use in increasing the |
| |
13| potency of any species of plant which is a controlled |
| |
14| dangerous substance, |
| |
15| d. testing equipment used, intended for use, or |
| |
16| fashioned specifically for use in identifying or in |
| |
17| analyzing the strength, effectiveness, or purity of |
| |
18| controlled dangerous substances, |
| |
19| e. scales and balances used, intended for use, or |
| |
20| fashioned specifically for use in weighing or |
| |
21| measuring controlled dangerous substances, |
| |
22| f. diluents and adulterants, such as quinine |
| |
23| hydrochloride, mannitol, mannite, dextrose, and |
| |
24| |
| |
Req. No. 2350 Page 6
___________________________________________________________________________
1| lactose used, intended for use, or fashioned |
| |
2| specifically for use in cutting controlled dangerous |
| |
3| substances, |
| |
4| g. separation gins and sifters used, intended for use, |
| |
5| or fashioned specifically for use in removing twigs |
| |
6| and seeds from, or in otherwise cleaning or refining, |
| |
7| marijuana, |
| |
8| h. blenders, bowls, containers, spoons, and mixing |
| |
9| devices used, intended for use, or fashioned |
| |
10| specifically for use in compounding controlled |
| |
11| dangerous substances, |
| |
12| i. capsules, balloons, envelopes, and other containers |
| |
13| used, intended for use, or fashioned specifically for |
| |
14| use in packaging small quantities of controlled |
| |
15| dangerous substances, |
| |
16| j. containers and other objects used, intended for use, |
| |
17| or fashioned specifically for use in parenterally |
| |
18| injecting controlled dangerous substances into the |
| |
19| human body, |
| |
20| k. hypodermic syringes, needles, and other objects used, |
| |
21| intended for use, or fashioned specifically for use in |
| |
22| parenterally injecting controlled dangerous substances |
| |
23| into the human body, except as authorized by Section |
| |
24| 2-1101 of this title, |
| |
Req. No. 2350 Page 7
___________________________________________________________________________
1| l. objects used, intended for use, or fashioned |
| |
2| specifically for use in ingesting, inhaling, or |
| |
3| otherwise introducing marijuana, cocaine, hashish, or |
| |
4| hashish oil into the human body, such as: |
| |
5| (1) metal, wooden, acrylic, glass, stone, plastic, |
| |
6| or ceramic pipes with or without screens, |
| |
7| permanent screens, hashish heads, or punctured |
| |
8| metal bowls, |
| |
9| (2) water pipes, |
| |
10| (3) carburetion tubes and devices, |
| |
11| (4) smoking and carburetion masks, |
| |
12| (5) roach clips, meaning objects used to hold |
| |
13| burning material, such as a marijuana cigarette, |
| |
14| that has become too small or too short to be held |
| |
15| in the hand, |
| |
16| (6) miniature cocaine spoons and cocaine vials, |
| |
17| (7) chamber pipes, |
| |
18| (8) carburetor pipes, |
| |
19| (9) electric pipes, |
| |
20| (10) air-driven pipes, |
| |
21| (11) chillums, |
| |
22| (12) bongs, or |
| |
23| (13) ice pipes or chillers, |
| |
24| m. all hidden or novelty pipes, and |
| |
Req. No. 2350 Page 8
___________________________________________________________________________
1| n. any pipe that has a tobacco bowl or chamber of less |
| |
2| than one-half (1/2) inch in diameter in which there is |
| |
3| any detectable residue of any controlled dangerous |
| |
4| substance as defined in this section or any other |
| |
5| substances not legal for possession or use; |
| |
6|provided, however, the term drug paraphernalia shall not include |
| |
7|separation gins intended for use in preparing tea or spice, clamps |
| |
8|used for constructing electrical equipment, water pipes designed for |
| |
9|ornamentation in which no detectable amount of an illegal substance |
| |
10|is found or pipes designed and used solely for smoking tobacco, |
| |
11|traditional pipes of an American Indian tribal religious ceremony, |
| |
12|antique pipes that are thirty (30) years of age or older, or drug |
| |
13|testing strips possessed by a person for purposes of determining the |
| |
14|presence of fentanyl or a fentanyl-related compound; |
| |
15| 19. "Drug-dependent person" means a person who is using a |
| |
16|controlled dangerous substance and who is in a state of psychic or |
| |
17|physical dependence, or both, arising from administration of that |
| |
18|controlled dangerous substance on a continuous basis. Drug |
| |
19|dependence is characterized by behavioral and other responses which |
| |
20|include a strong compulsion to take the substance on a continuous |
| |
21|basis in order to experience its psychic effects, or to avoid the |
| |
22|discomfort of its absence; |
| |
23| 20. "Harm-reduction services" means programs established to: |
| |
24| |
| |
Req. No. 2350 Page 9
___________________________________________________________________________
1| a. reduce the spread of infectious diseases related to |
| |
2| injection drug use, |
| |
3| b. reduce drug dependency, overdose deaths, and |
| |
4| associated complications, and |
| |
5| c. increase safe recovery and disposal of used syringes |
| |
6| and sharp waste; |
| |
7| 21. "Hazardous materials" means materials, whether solid, |
| |
8|liquid, or gas, which are toxic to human, animal, aquatic, or plant |
| |
9|life, and the disposal of such materials is controlled by state or |
| |
10|federal guidelines; |
| |
11| 22. 21. "Home care agency" means any sole proprietorship, |
| |
12|partnership, association, corporation, or other organization which |
| |
13|administers, offers, or provides home care services, for a fee or |
| |
14|pursuant to a contract for such services, to clients in their place |
| |
15|of residence; |
| |
16| 23. 22. "Home care services" means skilled or personal care |
| |
17|services provided to clients in their place of residence for a fee; |
| |
18| 24. 23. "Hospice" means a centrally administered, nonprofit or |
| |
19|for-profit, medically directed, nurse-coordinated program which |
| |
20|provides a continuum of home and inpatient care for the terminally |
| |
21|ill patient and the patient's family. Such term shall also include |
| |
22|a centrally administered, nonprofit or for-profit, medically |
| |
23|directed, nurse-coordinated program if such program is licensed |
| |
24|pursuant to the provisions of the Uniform Controlled Dangerous |
| |
Req. No. 2350 Page 10
___________________________________________________________________________
1|Substances Act. A hospice program offers palliative and supportive |
| |
2|care to meet the special needs arising out of the physical, |
| |
3|emotional and spiritual stresses which are experienced during the |
| |
4|final stages of illness and during dying and bereavement. This care |
| |
5|is available twenty-four (24) hours a day, seven (7) days a week, |
| |
6|and is provided on the basis of need, regardless of ability to pay. |
| |
7|"Class A" Hospice refers to Medicare-certified hospices. "Class B" |
| |
8|refers to all other providers of hospice services; |
| |
9| 25. 24. "Imitation controlled substance" means a substance that |
| |
10|is not a controlled dangerous substance, which by dosage unit |
| |
11|appearance, color, shape, size, markings or by representations made, |
| |
12|would lead a reasonable person to believe that the substance is a |
| |
13|controlled dangerous substance, or is a drug intended solely for |
| |
14|veterinary purposes that is not a controlled dangerous substance and |
| |
15|is being used outside of the scope of practice or normal course of |
| |
16|business, as defined by the State Board of Veterinary Medical |
| |
17|Examiners, or is a federal Food and Drug Administration-approved |
| |
18|drug that is not a controlled dangerous substance and is being used |
| |
19|outside the scope of approval for illicit purposes such as |
| |
20|adulterating or lacing other controlled dangerous substances. In |
| |
21|the event the appearance of the dosage unit or use is not reasonably |
| |
22|sufficient to establish that the substance is an imitation |
| |
23|controlled substance, the court or authority concerned should |
| |
24|consider, in addition to all other factors, the following factors: |
| |
Req. No. 2350 Page 11
___________________________________________________________________________
1| a. statements made by an owner or by any other person in |
| |
2| control of the substance concerning the nature of the |
| |
3| substance, or its use or effect, |
| |
4| b. statements made to the recipient that the substance |
| |
5| may be resold for inordinate profit, |
| |
6| c. whether the substance is packaged in a manner normally |
| |
7| used for illicit controlled substances, |
| |
8| d. evasive tactics or actions utilized by the owner or |
| |
9| person in control of the substance to avoid detection |
| |
10| by law enforcement authorities, |
| |
11| e. prior convictions, if any, of an owner, or any other |
| |
12| person in control of the object, under state or |
| |
13| federal law related to controlled substances or fraud, |
| |
14| and |
| |
15| f. the proximity of the substances to controlled |
| |
16| dangerous substances; |
| |
17| 26. 25. "Immediate precursor" means a substance which the |
| |
18|Director has found to be and by regulation designates as being the |
| |
19|principal compound commonly used or produced primarily for use, and |
| |
20|which is an immediate chemical intermediary used, or likely to be |
| |
21|used, in the manufacture of a controlled dangerous substance, the |
| |
22|control of which is necessary to prevent, curtail or limit such |
| |
23|manufacture; |
| |
24| |
| |
Req. No. 2350 Page 12
___________________________________________________________________________
1| 27. 26. "Initial prescription" means a prescription issued to a |
| |
2|patient who: |
| |
3| a. has never previously been issued a prescription for |
| |
4| the drug or its pharmaceutical equivalent in the past |
| |
5| year, or |
| |
6| b. requires a prescription for the drug or its |
| |
7| pharmaceutical equivalent due to a surgical procedure |
| |
8| or new acute event and has previously had a |
| |
9| prescription for the drug or its pharmaceutical |
| |
10| equivalent within the past year. |
| |
11| When determining whether a patient was previously issued a |
| |
12|prescription for a drug or its pharmaceutical equivalent, the |
| |
13|practitioner shall consult with the patient and review the medical |
| |
14|record and prescription monitoring information of the patient; |
| |
15| 28. 27. "Isomer" means the optical isomer, except as used in |
| |
16|subsections C and F of Section 2-204 of this title and paragraph 4 |
| |
17|of subsection A of Section 2-206 of this title. As used in |
| |
18|subsections C and F of Section 2-204 of this title, isomer means the |
| |
19|optical, positional, or geometric isomer. As used in paragraph 4 of |
| |
20|subsection A of Section 2-206 of this title, the term isomer means |
| |
21|the optical or geometric isomer; |
| |
22| 29. 28. "Laboratory" means a laboratory approved by the |
| |
23|Director as proper to be entrusted with the custody of controlled |
| |
24|dangerous substances and the use of controlled dangerous substances |
| |
Req. No. 2350 Page 13
___________________________________________________________________________
1|for scientific and medical purposes and for purposes of instruction; |
| |
2| 30. 29. "Manufacture" means the production, preparation, |
| |
3|propagation, compounding or processing of a controlled dangerous |
| |
4|substance, either directly or indirectly by extraction from |
| |
5|substances of natural or synthetic origin, or independently by means |
| |
6|of chemical synthesis or by a combination of extraction and chemical |
| |
7|synthesis. "Manufacturer" includes any person who packages, |
| |
8|repackages or labels any container of any controlled dangerous |
| |
9|substance, except practitioners who dispense or compound |
| |
10|prescription orders for delivery to the ultimate consumer; |
| |
11| 31. 30. "Marijuana" means all parts of the plant Cannabis |
| |
12|sativa L., whether growing or not; the seeds thereof; the resin |
| |
13|extracted from any part of such plant; and every compound, |
| |
14|manufacture, salt, derivative, mixture or preparation of such plant, |
| |
15|its seeds or resin, but shall not include: |
| |
16| a. the mature stalks of such plant or fiber produced |
| |
17| from such stalks, |
| |
18| b. oil or cake made from the seeds of such plant, |
| |
19| including cannabidiol derived from the seeds of the |
| |
20| marijuana plant, |
| |
21| c. any other compound, manufacture, salt, derivative, |
| |
22| mixture or preparation of such mature stalks (except |
| |
23| the resin extracted therefrom), including cannabidiol |
| |
24| derived from mature stalks, fiber, oil or cake, |
| |
Req. No. 2350 Page 14
___________________________________________________________________________
1| d. the sterilized seed of such plant which is incapable |
| |
2| of germination, |
| |
3| e. for any person participating in a clinical trial to |
| |
4| administer cannabidiol for the treatment of severe |
| |
5| forms of epilepsy pursuant to Section 2-802 of this |
| |
6| title, a drug or substance approved by the federal |
| |
7| Food and Drug Administration for use by those |
| |
8| participants, |
| |
9| f. for any person or the parents, legal guardians or |
| |
10| caretakers of the person who have received a written |
| |
11| certification from a physician licensed in this state |
| |
12| that the person has been diagnosed by a physician as |
| |
13| having Lennox-Gastaut syndrome, Dravet syndrome, also |
| |
14| known as severe myoclonic epilepsy of infancy, or any |
| |
15| other severe form of epilepsy that is not adequately |
| |
16| treated by traditional medical therapies, spasticity |
| |
17| due to multiple sclerosis or due to paraplegia, |
| |
18| intractable nausea and vomiting, appetite stimulation |
| |
19| with chronic wasting diseases, the substance |
| |
20| cannabidiol, a nonpsychoactive cannabinoid, found in |
| |
21| the plant Cannabis sativa L. or any other preparation |
| |
22| thereof, that has a tetrahydrocannabinol concentration |
| |
23| not more than three-tenths of one percent (0.3%) and |
| |
24| |
| |
Req. No. 2350 Page 15
___________________________________________________________________________
1| that is delivered to the patient in the form of a |
| |
2| liquid, |
| |
3| g. any federal Food and Drug Administration-approved |
| |
4| drug or substance, or |
| |
5| h. industrial hemp, from the plant Cannabis sativa L. |
| |
6| and any part of such plant, whether growing or not, |
| |
7| with a delta-9 tetrahydrocannabinol concentration not |
| |
8| more than three-tenths of one percent (0.3%) on a |
| |
9| dry-weight basis which shall only be grown pursuant to |
| |
10| the Oklahoma Industrial Hemp Program and may be |
| |
11| shipped intrastate and interstate; |
| |
12| 32. 31. "Medical purpose" means an intention to utilize a |
| |
13|controlled dangerous substance for physical or mental treatment, for |
| |
14|diagnosis, or for the prevention of a disease condition not in |
| |
15|violation of any state or federal law and not for the purpose of |
| |
16|satisfying physiological or psychological dependence or other abuse; |
| |
17| 33. 32. "Mid-level practitioner" means an Advanced Practice |
| |
18|Registered Nurse as defined and within parameters specified in |
| |
19|Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified |
| |
20|animal euthanasia technician as defined in Section 698.2 of Title 59 |
| |
21|of the Oklahoma Statutes, or an animal control officer registered by |
| |
22|the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
| |
23|under subsection B of Section 2-301 of this title within the |
| |
24| |
| |
Req. No. 2350 Page 16
___________________________________________________________________________
1|parameters of such officer's duties under Sections 501 through 508 |
| |
2|of Title 4 of the Oklahoma Statutes; |
| |
3| 34. 33. "Narcotic drug" means any of the following, whether |
| |
4|produced directly or indirectly by extraction from substances of |
| |
5|vegetable origin, or independently by means of chemical synthesis, |
| |
6|or by a combination of extraction and chemical synthesis: |
| |
7| a. opium, coca leaves and opiates, |
| |
8| b. a compound, manufacture, salt, derivative or |
| |
9| preparation of opium, coca leaves or opiates, |
| |
10| c. cocaine, its salts, optical and geometric isomers, and |
| |
11| salts of isomers, |
| |
12| d. ecgonine, its derivatives, their salts, isomers and |
| |
13| salts of isomers, and |
| |
14| e. a substance, and any compound, manufacture, salt, |
| |
15| derivative or preparation thereof, which is chemically |
| |
16| identical with any of the substances referred to in |
| |
17| subparagraphs a through d of this paragraph, except |
| |
18| that the words narcotic drug as used in Section 2-101 |
| |
19| et seq. of this title shall not include decocainized |
| |
20| coca leaves or extracts of coca leaves, which extracts |
| |
21| do not contain cocaine or ecgonine; |
| |
22| 35. 34. "Opiate" or "opioid" means any Schedule II, III, IV or |
| |
23|V substance having an addiction-forming or addiction-sustaining |
| |
24|liability similar to morphine or being capable of conversion into a |
| |
Req. No. 2350 Page 17
___________________________________________________________________________
1|drug having such addiction-forming or addiction-sustaining |
| |
2|liability. The terms do not include, unless specifically designated |
| |
3|as controlled under the Uniform Controlled Dangerous Substances Act, |
| |
4|the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its |
| |
5|salts (dextromethorphan). The terms do include the racemic and |
| |
6|levorotatory forms; |
| |
7| 36. 35. "Opium poppy" means the plant of the species Papaver |
| |
8|somniferum L., except the seeds thereof; |
| |
9| 37. 36. "Palliative care" means a specialized medical service |
| |
10|for people of any age and at any stage of a serious illness or |
| |
11|life-altering medical event that focuses on navigating complex |
| |
12|medical decisions while providing patient autonomy and access to |
| |
13|information. Utilizing a holistic and interdisciplinary team |
| |
14|approach, palliative care addresses physical, intellectual, |
| |
15|emotional, social, and spiritual needs. Palliative care may be |
| |
16|provided in the inpatient, outpatient, or home care setting and |
| |
17|strives to improve quality of life for both the patient and the |
| |
18|family; |
| |
19| 38. 37. "Patient-provider agreement" means a written contract |
| |
20|or agreement that is executed between a practitioner and a patient |
| |
21|prior to the commencement of treatment for chronic pain using an |
| |
22|opioid drug as a means to: |
| |
23| |
| |
24| |
| |
Req. No. 2350 Page 18
___________________________________________________________________________
1| a. explain the possible risk of development of physical |
| |
2| or psychological dependence in the patient and prevent |
| |
3| the possible development of addiction, |
| |
4| b. document the understanding of both the practitioner |
| |
5| and the patient regarding the patient-provider |
| |
6| agreement of the patient, |
| |
7| c. establish the rights of the patient in association |
| |
8| with treatment and the obligations of the patient in |
| |
9| relation to the responsible use, discontinuation of |
| |
10| use, and storage of opioid drugs, including any |
| |
11| restrictions on the refill of prescriptions or the |
| |
12| acceptance of opioid prescriptions from practitioners, |
| |
13| d. identify the specific medications and other modes of |
| |
14| treatment, including physical therapy or exercise, |
| |
15| relaxation, or psychological counseling, that are |
| |
16| included as a part of the patient-provider agreement, |
| |
17| e. specify the measures the practitioner may employ to |
| |
18| monitor the compliance of the patient including, but |
| |
19| not limited to, random specimen screens and pill |
| |
20| counts, and |
| |
21| f. delineate the process for terminating the agreement, |
| |
22| including the consequences if the practitioner has |
| |
23| reason to believe that the patient is not complying |
| |
24| with the terms of the agreement. Compliance with the |
| |
Req. No. 2350 Page 19
___________________________________________________________________________
1| consent items described in this paragraph shall |
| |
2| constitute a valid, informed consent for opioid |
| |
3| therapy. The practitioner shall be held harmless from |
| |
4| civil litigation for failure to treat pain if the |
| |
5| event occurs because of nonadherence by the patient |
| |
6| with any of the provisions of the patient-provider |
| |
7| agreement; |
| |
8| 39. 38. "Peace officer" means a police officer, sheriff, deputy |
| |
9|sheriff, district attorney's investigator, investigator from the |
| |
10|Office of the Attorney General, or any other person elected or |
| |
11|appointed by law to enforce any of the criminal laws of this state |
| |
12|or of the United States; |
| |
13| 40. 39. "Person" means an individual, corporation, government |
| |
14|or governmental subdivision or agency, business trust, estate, |
| |
15|trust, partnership or association, or any other legal entity; |
| |
16| 41. 40. "Poppy straw" means all parts, except the seeds, of the |
| |
17|opium poppy, after mowing; |
| |
18| 42. 41. "Practitioner" means: |
| |
19| a. (1) a medical doctor or osteopathic physician, |
| |
20| (2) a dentist, |
| |
21| (3) a podiatrist, |
| |
22| (4) an optometrist, |
| |
23| (5) a veterinarian, |
| |
24| |
| |
Req. No. 2350 Page 20
___________________________________________________________________________
1| (6) an Advanced Practice Registered Nurse under the |
| |
2| supervision of a licensed medical doctor or |
| |
3| osteopathic physician, or a physician assistant, |
| |
4| (7) a scientific investigator, or |
| |
5| (8) any other person, |
| |
6| licensed, registered or otherwise permitted to |
| |
7| prescribe, distribute, dispense, conduct research with |
| |
8| respect to, use for scientific purposes or administer |
| |
9| a controlled dangerous substance in the course of |
| |
10| professional practice or research in this state, or |
| |
11| b. a pharmacy, hospital, laboratory or other institution |
| |
12| licensed, registered or otherwise permitted to |
| |
13| distribute, dispense, conduct research with respect |
| |
14| to, use for scientific purposes or administer a |
| |
15| controlled dangerous substance in the course of |
| |
16| professional practice or research in this state; |
| |
17| 43. 42. "Production" includes the manufacture, planting, |
| |
18|cultivation, growing or harvesting of a controlled dangerous |
| |
19|substance; |
| |
20| 44. 43. "Serious illness" means a medical illness or physical |
| |
21|injury or condition that substantially affects quality of life for |
| |
22|more than a short period of time. Serious illness includes, but is |
| |
23|not limited to, Alzheimer's disease or related dementias, lung |
| |
24| |
| |
Req. No. 2350 Page 21
___________________________________________________________________________
1|disease, cancer, heart failure, renal failure, liver failure, or |
| |
2|chronic, unremitting, or intractable pain such as neuropathic pain; |
| |
3| 45. 44. "State" means the State of Oklahoma or any other state |
| |
4|of the United States; |
| |
5| 46. 45. "Straw person" or "straw party", also known as a |
| |
6|"front", means a third party who: |
| |
7| a. is put up in name only to take part in a transaction |
| |
8| or otherwise is a nominal party to a transaction with |
| |
9| no actual control, |
| |
10| b. acts on behalf of another person to obtain title to |
| |
11| property and executes documents and instruments the |
| |
12| principal may direct respecting property, or |
| |
13| c. purchases property for another for the purpose of |
| |
14| concealing the identity of the real purchaser or to |
| |
15| accomplish some purpose otherwise in violation of the |
| |
16| Oklahoma Statutes; |
| |
17| 47. 46. "Surgical procedure" means a procedure that is |
| |
18|performed for the purpose of structurally altering the human body by |
| |
19|incision or destruction of tissues as part of the practice of |
| |
20|medicine. This term includes the diagnostic or therapeutic |
| |
21|treatment of conditions or disease processes by use of instruments |
| |
22|such as lasers, ultrasound, ionizing, radiation, scalpels, probes, |
| |
23|or needles that cause localized alteration or transportation of live |
| |
24|human tissue by cutting, burning, vaporizing, freezing, suturing, |
| |
Req. No. 2350 Page 22
___________________________________________________________________________
1|probing, or manipulating by closed reduction for major dislocations |
| |
2|or fractures, or otherwise altering by any mechanical, thermal, |
| |
3|light-based, electromagnetic, or chemical means; |
| |
4| 48. 47. a. "Synthetic controlled substance" means a |
| |
5| substance: |
| |
6| (1) the chemical structure of which is substantially |
| |
7| similar to the chemical structure of a controlled |
| |
8| dangerous substance in Schedule I or II, |
| |
9| (2) which has a stimulant, depressant, or |
| |
10| hallucinogenic effect on the central nervous |
| |
11| system that is substantially similar to or |
| |
12| greater than the stimulant, depressant, or |
| |
13| hallucinogenic effect on the central nervous |
| |
14| system of a controlled dangerous substance in |
| |
15| Schedule I or II, or |
| |
16| (3) with respect to a particular person, which such |
| |
17| person represents or intends to have a stimulant, |
| |
18| depressant, or hallucinogenic effect on the |
| |
19| central nervous system that is substantially |
| |
20| similar to or greater than the stimulant, |
| |
21| depressant, or hallucinogenic effect on the |
| |
22| central nervous system of a controlled dangerous |
| |
23| substance in Schedule I or II. |
| |
24| |
| |
Req. No. 2350 Page 23
___________________________________________________________________________
1| b. The designation of gamma-butyrolactone or any other |
| |
2| chemical as a precursor, pursuant to Section 2-322 of |
| |
3| this title, does not preclude a finding pursuant to |
| |
4| subparagraph a of this paragraph that the chemical is |
| |
5| a synthetic controlled substance. |
| |
6| c. Synthetic controlled substance does not include: |
| |
7| (1) a controlled dangerous substance, |
| |
8| (2) any substance for which there is an approved new |
| |
9| drug application, |
| |
10| (3) with respect to a particular person any |
| |
11| substance, if an exemption is in effect for |
| |
12| investigational use, for that person under the |
| |
13| provisions of Section 505 of the Federal Food, |
| |
14| Drug, and Cosmetic Act, 21 U.S.C., Section 355, |
| |
15| to the extent conduct with respect to such |
| |
16| substance is pursuant to such exemption, or |
| |
17| (4) any substance to the extent not intended for |
| |
18| human consumption before such an exemption takes |
| |
19| effect with respect to that substance. |
| |
20| d. Prima facie evidence that a substance containing |
| |
21| salvia divinorum has been enhanced, concentrated, or |
| |
22| chemically or physically altered shall give rise to a |
| |
23| rebuttable presumption that the substance is a |
| |
24| synthetic controlled substance; |
| |
Req. No. 2350 Page 24
___________________________________________________________________________
1| 49. 48. "Tetrahydrocannabinols" means all substances that have |
| |
2|been chemically synthesized to emulate the tetrahydrocannabinols of |
| |
3|marijuana, specifically including any tetrahydrocannabinols derived |
| |
4|from industrial hemp; and |
| |
5| 50. 49. "Ultimate user" means a person who lawfully possesses a |
| |
6|controlled dangerous substance for the person's own use or for the |
| |
7|use of a member of the person's household or for administration to |
| |
8|an animal owned by the person or by a member of the person's |
| |
9|household. |
| |
10| SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-101.1, is |
| |
11|amended to read as follows: |
| |
12| Section 2-101.1. In determining whether an object is "drug |
| |
13|paraphernalia" drug paraphernalia, a court or jury shall consider, |
| |
14|in addition to all other logically relevant factors, the following: |
| |
15| 1. Statements by an owner or by anyone in control of the object |
| |
16|concerning its use; |
| |
17| 2. The proximity of the object, in time and space, to a direct |
| |
18|violation of the Uniform Controlled Dangerous Substances Act; |
| |
19| 3. The proximity of the object to controlled dangerous |
| |
20|substances; |
| |
21| 4. The existence of any residue of controlled dangerous |
| |
22|substances on the object; |
| |
23| 5. Direct or circumstantial evidence of the intent of an owner, |
| |
24|or of anyone in control of the object, to deliver it to any person |
| |
Req. No. 2350 Page 25
___________________________________________________________________________
1|who intends to use the object to facilitate a violation of the |
| |
2|Uniform Controlled Dangerous Substances Act. The innocence of an |
| |
3|owner, or of anyone in control of the object, as to a direct |
| |
4|violation of this act the Uniform Controlled Dangerous Substances |
| |
5|Act shall not prevent a finding that the object is intended for use, |
| |
6|or fashioned specifically for use, as drug paraphernalia; |
| |
7| 6. Instructions, oral or written, provided with the object |
| |
8|which either state directly or imply that the object is to be used |
| |
9|for the consumption of controlled dangerous substances; |
| |
10| 7. Descriptive materials accompanying the object which explain |
| |
11|or depict its use as an object for the consumption of controlled |
| |
12|dangerous substances; |
| |
13| 8. The manner in which the object is displayed for sale; |
| |
14| 9. Whether the owner, or anyone in control of the object, is a |
| |
15|legitimate supplier of like or related items to the community, such |
| |
16|as a licensed distributor or dealer of tobacco products; |
| |
17| 10. Direct or circumstantial evidence of the ratio of sales of |
| |
18|the object or objects to the total sales of the business enterprise; |
| |
19| 11. The existence and scope of legitimate uses for the object |
| |
20|in the community; and |
| |
21| 12. Expert testimony concerning its use. |
| |
22| Provided, nothing in this section shall apply to objects in the |
| |
23|possession of harm-reduction services providers as authorized by |
| |
24|Section 3 of this act. |
| |
Req. No. 2350 Page 26
___________________________________________________________________________
1| SECTION 3. REPEALER 63 O.S. 2021, Section 2-1101, is |
| |
2|hereby repealed. |
| |
3| SECTION 4. This act shall become effective July 1, 2026. |
| |
4| SECTION 5. It being immediately necessary for the preservation |
| |
5|of the public peace, health or safety, an emergency is hereby |
| |
6|declared to exist, by reason whereof this act shall take effect and |
| |
7|be in full force from and after its passage and approval. |
| |
8| |
| |
9| 60-2-2350 DC 1/15/2026 12:46:42 PM |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 2350 Page 27
