Possession-or-Purchase-Precursor-1st-Offense-Oklahoma-Misdemeanor-Okla-Stat-tit-63-2-328-A1
Possession or Purchase Precursor - 1st Offense
Poss/Purchase Precursor - 1st Offense (Misdemeanor)
- Statutory Authority. | Okla. Stat. tit. 63, § 2-328(A1).
- Jury Instructions. | Oklahoma Uniform Jury Instruction CR 6-3A.
- First Offense Punishment.
- Subsequent Punishment.
- Standard Bonds.
- | Tulsa Bond Schedule. $5,000.00.
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Oklahoma Criminal Law
A. A person or business who manufactures, sells, transfers, furnishes, or receives a precursor substance defined in Section 4 2-322 of this act commits an offense if the person:
- Does not comply with the requirements of Section 2-322 of this title; or
- Knowingly makes a false statement in a report or record required by Section 2-323 or 2-326 of this title.
B. Except as provided by subsection C of this section, an offense under subsection A of this section is a misdemeanor and punishable by imprisonment in the county jail for a term not to exceed one year or by a fine not to exceed Ten Thousand Dollars ($10,000.00).
C. 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.
D. A second or subsequent violation of subsection A of this section shall be a felony punishable by imprisonment in the State Penitentiary for a term of not more than ten (10) years or by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Any imprisonment imposed shall not run concurrent with other imprisonment sentences for violations of other provisions of Title 63 of the Oklahoma Statutes.
E. A person who is required by Section 2-322 or 2-324 of this title 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 Section 2-324 or 2-326 of this title; or
- Manufacturers, sells, transfers, or otherwise furnishes any person or business a precursor substance defined in Section 4 2-322 of this title, who does not have a permit.
F. An offense under subsection C or E of this section is a felony punishable by imprisonment in the State Penitentiary for a term of not more than ten (10) years or by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Any imprisonment imposed shall not run concurrent with other imprisonment sentences for violations of other provisions of Title 63 of the Oklahoma Statutes.
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