63 OS 2-314.D. (Alter) (Deface) (Remove) label from CDS container.

63 OS 2-322. (Possess) (Sell) (Manufacture) Precursor Substance without proper permit.

63 OS 2-328.C. (Manufacture) (Sell) (Transfer) (Furnish) Precursor Substance with (Knowledge) (Intent) to use to Manufacture Controlled Dangerous (Substance) (Substance Analog).

63 OS 2-328.E.1. (Purchase) (Obtain) (Possess) Precursor Substance without a permit.

63 OS 2-328.E.2. (Possess) (Have Immediate Control of) Precursor Substance with no attached permit.

63 OS 2-328.E.4. (Manufacture) (Sell) (Transfer) (Furnish) Precursor Substance.

Article IV. Offenses and Penalites for Illegal Drugs

63 OS 2-401.A.1. Solicit use of services of person under 18 to (Dispense) (Distribute) (Cultivate) C.D.S.

63 OS 2-401.A.2. (Create) (Distribute) (Transport) (Possess with intent to Distribute) Counterfeit C.D.S.

63 OS 2-401.B.1. Possess (Narcotic Drug) (LSD).

63 OS 2-401.B.2. Possess C.D.S. Classified in Schedule (I), (II), (III), (IV).

63 OS 2-401.B.3. Possess C.D.S. Classified in Schedule (V).

63 OS 2-401.B.4. Possess Imitation C.D.S.

63 OS 2-401.B.5. (Manufacture) (Distribute) (Possess with intent to Distribute) Synthetic C.D.S.

63 OS 2-401.D. Solicit use of person under 18 to (Distribute) (Dispense) C.D.S.

63 OS 2-401.D. Give C.D.S. to person under 18.

63 OS 2-401.E. (Transport) (Distribute) (Dispense) (Possess) CDS within 1,000 feet of (School) (Park) (Public Housing). (((Note any person who violates any provision of this section by Distributing or Possessing with intent to Distribute a C.D.S. or Imitation C.D.S. to a person, in or on, or within 1,000 (One Thousand) feet of the real property comprising a public or private Elementary School, Public Vocational School, Public or Private College or University, or other Institution of Higher Education, Recreation Center or Public Park, including State Parks and Recreation areas shall have additional penalty. Includes School Buses and unawareness is not a defense.)))

63 OS 2-401.F. (Manufacture) (Attempt to Manufacture) CDS.

63 OS 2-402.A.1. Possess C.D.S. without valid prescription.

63 OS 2-402.A.2. Purchase Preparation in violation of U.C.D.S.A.

63 OS 2-402.A.3. (Sell) (Market) (Advertise) (Label) Ephedrine product for unapproved indication.

63 OS 2-402.B.1. Possess Schedule (I) (II) Substance.

63 OS 2-402.B.2. Possess Schedule (III) Substance.

63 OS 2-402.B.3. Possess Schedule (IV) Substance.

63 OS 2-402.B.4. Possess Schedule (V) Substance.

63 OS 2-402.B.5. Possess Marihuana.

63 OS 2-402.C. Law Pertaining to: One Thousand feet of school or in presence of child under 12 years of age.

63 OS 2-404.A.1. (Manufacture) (Distribute) (Dispense) C.D.S. ((Legal Drugs))

63 OS 2-404.A.2. (Manufacture) (Distribute) (Dispense) C.D.S. not authorized by Registration.

63 OS 2-404.A.6. (Keep) (Maintain)-(Dwelling) (Vehicle) (Boat) (Aircraft)-(Resorted to by persons using C.D.S.) or for (Sale) (Keeping) C.D.S. in violation of the U.C.D.S.A.

63 OS 2-405.A. Use Tincture of Opium (By) (Camphorated by) (Derivative by) Hypodermic method.

63 OS 2-405.B. (Use) (Possess) Drug Paraphernalia.

63 OS 2-405.C. (Deliver) (Possess) (Manufacture) Drug Paraphernalia.

63 OS 2-405.D. Deliver Drug Paraphernalia to person under age 18. (((Suspects must have three years of difference in their age, seller must be 18)))

63 OS 2-406.A.3. (Obtain) (Possess) CDS by (Misrepresentation) (Forgery) (Deception).

63 OS 2-407.A. (Obtain) (Attempt to Obtain) (Procure Administration of) (Attemp to Procure Administration of) any (Preparation) (CDS).

63 OS 2-407.B. (Manufacture) (Create) (Deliver) (Possess with Intent) - (Original) (Counterfeit) Prescription Form.

63 OS 2-407.1.A. Use (Compound) (Liquid) (Chemical) to cause (Intoxication) (Distortion) (Disturbance) of mental process. (((I.E. Ethylchloride, Amyl and Butyl Nitrites (Rush) or their esthers.)))

63 OS 2-407.1.B. (Buy) (Sell) (Transfer) Substance to another person to (Inhale) (Ingest) in violation of law.

63 OS 2-408. (((Offering, Soliciting, Attempting, Endeavoring, or Conspiring to commit offense is punished the same as if offense was actually committed.)))

63 OS 2-414. Trafficking in Illegal Drugs:
(((Note any person who commits above violations and represents quantity of C.D.S. to be amount below, shall be punished under that amount, regardless of the actual amount.)))

1. Marihuana
A. 25 (Twenty-Five) Pounds or more.
B. 1000 (One Thousand) Pounds or more.

2. Cocaine or Coca Leaves
A. 28 (Twenty-Eight) Grams (1 Ounce).
B. 300 (Three Hundred) Grams or more.

3. Heroin
A. 10 (Ten) Grams or more.
B. 28 (Twenty-Eight) Grams or more.

4. Amphetamine or Methamphetamine
A. 20 (Twenty) Grams or more.
B. 200 (Two Hundred) Grams or more.

5. Lysergic Acid Diethylamide (LSD)
A. Not less than 50 (Fifty) nor more than 1000 (One Thousand) Dosage Units.
B. More than 1000 (One Thousand) Dosage Units.

6. Phencyclidine (PCP);
A. 1 (One) Ounces or more.
B. 8 (Eight) Ounces or more.

7. Cocaine Base, know as "Crack" or "Rock"
A. 5 (Five) Grams or more.
B. 50 (Fifty) Grams or more.

63 OS 2-415.B.1. Knowingly (Distribute) (Possess) (Bring into State) (Manufacture) - (Marihuana) (Cocaine) (Heroin) (Amphetamine) (Methamphetamine) (LSD) (PCP) (Crack) (Rock).

63 OS 2-415.B.2. Possess C.D.S. with intent to Manufacture Illegal Controlled Substance.

63 OS 2-415.B.3. Use a person under 18 to (Distribute) (Manufacture) Illegal C.D.S.

63 OS 2-419.A. (Solicit) (Employ) (Use) Person under 18 to (Transport) (Sell) (Give Away) C.D.S. (((First Offense doubles section 63 OS 2-401 on minor second triples penalty; Not knowing age unacceptable defense)))

63 OS 2-421. Drug Dealer Liability Act

Article V. Enforcement and Administrative Powers

1. C.D.S. unlawfully Manufactured, Dispensed, Acquired, Distributed, Possessed, Etc.

2. All raw materials, products, equipment, and all drug paraphernalia used or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting, injecting, ingesting, inhaling, or otherwise introducing into the human body and C.D.S.

3. All property used or intended for use, as containers for C.D.S. or paraphernalia.

4. All conveyances used to transport, conceal, cultivate, or used to facilitate the transportation or cultivation of selling or receiving property described in 1 and 2. Note-Exceptions for common carrier and vehicle used without owner's knowledge.

5. Books, records, and research, including forumulas, microfilm, tapes and data used in violation of U.C.D.S.A.

6. All things of value furnished, or intended to be furnished, in exchange for C.D.S. and all proceeds of such an exchange used or intended for use in violation of the U.C.D.S.A.

7. All monies, coins, and currency found in close proximity to C.D.S., or C.D.S. records. (((Burden of proof that it should not be seized is upon the claimants)))

8. All real property and any appurtences or improvements thereto, used or intended for use in violation of the U.C.D.S.A., in which punishment exceeds imprisonment for more than one year.

9. All weapons possessed, used or available for use in any violation of the U.C.D.S.A.

B. Anything of value (Including real property) acquired during violation of U.C.D.S.A. if there was no other likely source for its purchase.

C. Any property or thing of value if person has not paid all or part of a fine imposed under 63 OS 2-415.

Seizures are not Repleviable.

63 OS 2-503.1.A. (Receive) (Acquire) (Engage in transactions involving) (Conceal) proceeds known to be derived from violation of U.C.D.S.A.

63 OS 2-503.1.B. (Give) (Sell) (Transfer) (Invest) anything of value knowingly intended to be used for purpose of violating U.C.D.S.A.

63 OS 2-503.1.C. (Direct) (Plan) (Finance) Transportation of proceeds known to be derived from violation of U.C.D.S.A.

63 OS 2-503.1.D. Conduct a financial transaction involving proceeds derived from violations of U.C.D.S.A.

63 OS 2-505. Summary forfeiture for U.C.D.S.A.

1. All Schedules II-V not in properly labeled containers.

2. All hazardous material (taken to OSBI).

3. Species of plants from I or II growing wild or where owner or cultivator are unknown, may (in lieu of 63 OS 2-509) be cut and burned where seized or destroyed by application of herbicides.

63 OS 2-509. (Cultivate) (Produce) (Fail to destroy) plants from which C.D.S. in schedules I and II may be derived.

Drug Tax Stamp Statute (Title 68)

68 OS 450.2 Tax is as follows:
A) On each gram of Marijuana, or each portion of a gram, $3.50;
B) On each gram or portion of a gram of CDS, other than Marijuana, $200.00;
C) On each fifty (50) dosage units or portion thereof, of CDS that is not sold by weight other than Marijuana, $1000.00;
68 OS 450.8 Criminal Penalty: Not more than 5 years in prison and\or $10,000.00 fine.

68 OS 450.9 Criminal Penalty: For reuse of tax stamp, not more than 5 years in prison and $1,000.00 fine.

Conversion tables

1 GM = .001 KG = .035 OZ = .002 LBs
10 GMs = .01 KG = .35 OZ = .02 LBs
100 GMs = .1 KG = 3.5 OZ = .2 LBs
1,000 GMs = 1 KG = 35 OZs = 2.2 LBs

1KG = 1,000 GMs = 35 OZs = 2.2 LBs
10 KGs = 10,000 GMs = 350 OZs = 22 LBs
100 KGs = 100,000 GMs = 3,500 OZs = 220 LBs
1,000 KGs = 1,000,000 GMs = 35,000 OZs = 2,200 LBs

1 OZ = .0625 LB = 28 GMs = .028 KGs
10 OZs = .625 LB = 280 GMs = .28 KGs
100 OZs = 6.25 LBs = 2,800 GMs = 2.8 KGs
1,000 OZs = 62.5 LBs = 28,000 GMs = 28 KGs

1 LB = 16 OZs = 454 GMs = .454 KGs
10 LBs = 160 OZs = 4,540 GMs = 4.54 KGs
100 LBs = 1,600 OZs = 45,400 GMs = 45.4 KGs
1,000 LBs = 16,000 OZs = 454,000 GMs = 454 Kgs

Criminal Laws (Title 21)

21 OS 267. (Attempt to prevent) (Prevent) Executive Officer from performing lawful duties.

21 OS 268. Resist Executive Officer in the performance of duties.

21 OS 421. Conspire to commit a crime with another.

21 OS 454. Destroy Evidence.

21 OS 455.A. Prevent person from giving testimony.

21 OS 455.A. (Threaten) (Procure) harm to witness to (Prevent) (Alter) testimony.

21 OS 455.B. (Threaten) (Cause) (Procure)-(Harm) (Harassment) to witness because of testimony given.

21 OS 491 Perjury.

21 OS 537. Willfully (Refuse) (Neglect) to aid an Officer (In arresting any person) (In retaking a person who escaped from legal custody) (In executing any legal process) after being lawfully commanded to do so.

21 OS 540. Willfully (Delay) (Obstruct) a public officer in discharge of duties.

21 OS 652.C. Use of deadly force to resist the execution of legal process.

21 OS 856.C. (Aid) (Encourage) Minor to commit a felony.

21 OS 856.D. (Encourage) (Solicit) (Aid) a minor to associate with a criminal street (Gang) (Gang Member).

21 OS 856.1.1. Encourage Minor to Distribute Drugs.

21 OS 856.1.2. Encourage Minor to Distribute Counterfeit Drugs.

21 OS 856.1.4. Encourage Minor to (Elude) (Evade)--(Arrest) (Detection) involving drugs.

21 OS 1287 Possess (Firearm) (Offensive Weapon) while (Committing) (Attempting) a felony.

21 OS 1289.9. (Carry) (Use) Firearm while under the influence of (beer) (Intoxicating Liquor) (Drugs).

21 OS 1289.12. Knowingly furnish Firearm to (Convicted Felon) (Person under the influence of alcohol or drugs) (Unbalanced or disturbed person).

21 OS 1738. Seizure and Forfeiture Proceedings-Vehicles, Airplanes, Vessels, etc., used in attempt or commission of certain crimes.

Other Oklahoma Statutes

Title 22 OS 1221-1241 Search Warrant Information.

Title 10 OS 1104.2 A. Any person 16 or 17 years of age who is charged with Murder, Kidnapping for purposes of Extortion, Robbery with a Dangerous Weapon, Rape in the First Degree, Use of Firearm or other Offensive Weapon while committing a Felony, Arson in the First Degree, Burglary with Explosives, Shooting with intent to kill, Manslaughter in the First Degree, Nonconsensual Sodomy, Drug Trafficking, Drive by Shootings, Second Degree Burglary after Third Conviction shall be considered as an adult.

Upon the arrest and detention, such 16 or 17 year old accused shall have all the statutory and constitutional rights and protections of an adult accused of a crime, but shall be detained in a jail cell or ward entirely separate from prisoners who are 18 years of age or older.

(((See Statute due to additional crimes being added)))

Definitions

Search Warrants

According to Title 22 Section 1222 of the Oklahoma State Statutes search warrants may be issued and property seized upon any of the following grounds:

1) When the property was stolen or embezzled, in which case it may be taken on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or of any other person in whose possession it may be.

2) When it was used as the means of committing a felony, in which case it may be taken on the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or of any other person in whose possession it may be.

3) When it is in the possession of any person, with the intent to use it as the means of committing a public offense, or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing it being discovered, in which case it may be taken on the warrant from such person, or from a house or other place occupied by him, or under his control, or from the possession of the person to whom he may have so delivered it.

4) When the property constitutes evidence that an offense was committed or that a particular person participated in the commission of an offense.

Search Warrant Affidavits are based on the following categories:

1) Affiants personal observations: Affiant has seen the property there, or Affiant has smelled something and thereby believes that the property is there.

2) Hearsay from a third party:
A. A citizen informant: 1. A named citizen has seen the property there, or 2. An unnamed citizen has seen the property there.
B. A confidential informant: 1. The "reliable" informant has seen the property there, or 2. The untested informant has seen the property there.

3) Miscellaneous: The place to be searched is the most logical place to find the property to be seized.


The following is a sample search warrant that we have successfully used on drug cases. This is not intended to be a legal question and answer area but this is posted to show the public and investigators a warrant format that we have had luck with. Law Enforcement Officers are welcome to use this and if you have suggestions or something that works for you let me know: