SB 793 - Amends Drug Possession Sentences - Oklahoma Key Vote

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Title: Amends Drug Possession Sentences

Vote Smart's Synopsis:

A vote to pass a bill that amends various penalties for drug possession.

Highlights:

 

  • Exempts marijuana from the felony penalty for transporting or possessing a controlled schedule 1 or 2 substance with intent to distribute (Sec. 1). 

  • Amends the punishment for a conviction of intent to distribute a controlled dangerous substance by removing the possible sentence of life and imposing a maximum sentence of 7 years for a first offence, 14 years for a second offence, and 20 years for a third offence (Sec. 1). 

  • Amends the punishment for a conviction of manufacturing or distributing a controlled or synthetic controlled substance by removing the possible sentence of life and imposing a maximum sentence of 10 years for a first offence and 20 years for a second offence (Sec. 1). 

  • Repeals the mandatory minimum sentence for a conviction of transporting or possessing a controlled dangerous substance with intent to distribute within 2,000 feet of a school (Sec. 1).

  • Establishes the following sentences for a conviction of trafficking marijuana, cocaine, coca leaves, cocaine base, heroin, amphetamine, or methamphetamine (Sec. 2):

    • A maximum of 20 years for a first offence;

    • A minimum of 4 years and a maximum of life for a second offence; and

    • A minimum of 20 years and a maximum of life, 50% of which shall be served before being eligible for parole, for a third offence.

  • Specifies that 85% of a sentence for a conviction of aggravated trafficking must be served before being eligible for parole (Sec. 2). 

  • Establishes the following sentences for a conviction of cultivating, producing, or knowingly permitting the cultivation, production, or wild growing of a plant species from which controlled dangerous substances are derived (Sec. 3):

    • A maximum of 10 years for a first offence;

    • A minimum of 2 years and a maximum of 20 years for a second offence; and

    • A minimum of 10 years and a maximum of life for a third offence.

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