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An Act
ENROLLED HOUSE
BILL NO. 2941 By: Bashore and Manger of the
House
and
Reinhardt of the Senate
An Act relating to fentanyl overdose and overdose
reporting; requiring first responders to report drug
overdose; requiring medical care before reporting;
providing for immunity; amending 63 O.S. 2021,
Section 2-401, as last amended by Section 13, Chapter
486, O.S.L. 2025 (63 O.S. Supp. 2025, Section 2-401),
which relates to prohibited acts; providing
rebuttable prima facie evidence that fentanyl was the
proximate cause of death; providing for codification;
and providing an effective date.
SUBJECT: Fentanyl overdose and overdose reporting
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2506.3 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. When any first responder, as defined in Section 1-2506.1 of
this title, responds to an incident in which the first responder
reasonably believes a person is experiencing or has experienced a
drug overdose, the first responder shall contact local law
enforcement as soon as practicable after attending to the medical
needs of the person.
B. The obligation to contact law enforcement does not require
delay in providing medically necessary emergency care.
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C. A first responder acting in good faith under this section
shall be immune from civil or criminal liability for contacting law
enforcement.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-401, as
last amended by Section 13, Chapter 486, O.S.L. 2025 (63 O.S. Supp.
2025, Section 2-401), is amended to read as follows:
Section 2-401. A. Except as authorized by the Uniform
Controlled Dangerous Substances Act, it shall be unlawful for any
person:
1. To distribute, dispense, transport with intent to distribute
or dispense, possess with intent to manufacture, distribute, or
dispense, a controlled dangerous substance or to solicit the use of
or use the services of a person less than eighteen (18) years of age
to cultivate, distribute or dispense a controlled dangerous
substance;
2. To create, distribute, transport with intent to distribute
or dispense, or possess with intent to distribute, a counterfeit
controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined
by Section 2-101 of this title, except when authorized by the Food
and Drug Administration of the United States Department of Health
and Human Services.
B. Any person who violates the provisions of this section with
respect to:
1. A substance classified in Schedule I or II, except for
marijuana, upon conviction, shall be guilty of transporting or
possessing with an intent to distribute a controlled dangerous
substance, a Class C2 felony offense, and shall be sentenced to a
term of imprisonment as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes, and a fine not
more than One Hundred Thousand Dollars ($100,000.00), which shall be
in addition to other punishment provided by law and shall not be
imposed in lieu of other punishment. A second conviction for the
violation of provisions of this paragraph is a Class C2 felony
offense punishable by a term of imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes. A third or subsequent conviction for the violation of the
provisions of this paragraph is a Class C2 felony offense punishable
ENR. H. B. NO. 2941 Page 3
by a term of imprisonment as provided for in subsections B through F
of Section 20M of Title 21 of the Oklahoma Statutes;
2. Any other controlled dangerous substance classified in
Schedule III, IV, V or marijuana, upon conviction, shall be guilty
of a Class D1 felony offense and shall be sentenced to a term of
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes and a fine not more than
Twenty Thousand Dollars ($20,000.00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment. A second conviction for the violation of the
provisions of this paragraph is a Class D1 felony offense punishable
by a term of imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes. A third or
subsequent conviction for the violation of the provisions of this
paragraph is a Class D1 felony offense punishable by a term of
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes; or
3. An imitation controlled substance as defined by Section 2-
101 of this title, upon conviction, shall be guilty of a misdemeanor
and shall be sentenced to a term of imprisonment in the county jail
for a period not more than one (1) year and a fine not more than One
Thousand Dollars ($1,000.00). A person convicted of a second
violation of the provisions of this paragraph shall be guilty of a
Class D2 felony offense and shall be sentenced to a term of
imprisonment as provided for in subsections B through F of Section
20O of Title 21 of the Oklahoma Statutes, and a fine not more than
Five Thousand Dollars ($5,000.00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment.
C. 1. Except when authorized by the Food and Drug
Administration of the United States Department of Health and Human
Services, it shall be unlawful for any person to manufacture or
distribute a controlled substance or synthetic controlled substance.
2. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, and a
fine not more than Twenty-five Thousand Dollars ($25,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment.
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3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is a Class C2 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. A third or subsequent
conviction for the violation of the provisions of this paragraph is
a Class C2 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.
4. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, and a
fine not more than Twenty-five Thousand Dollars ($25,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment.
5. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is a Class C2 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. A third or subsequent
conviction for the violation of the provisions of this paragraph is
a Class C2 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.
D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended or
deferred sentences, or probation as provided in Section 991a of
Title 22 of the Oklahoma Statutes.
E. Any person who is at least eighteen (18) years of age and
who violates the provisions of this section by using or soliciting
the use of services of a person less than eighteen (18) years of age
to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substance to a person under
eighteen (18) years of age, or in the presence of a person under
twelve (12) years of age, is guilty of a Class C1 felony offense
punishable by:
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1. For a first violation of this subsection, a term of
imprisonment in the custody of the Department of Corrections not
less than two (2) years nor more than ten (10) years;
2. For a second violation of this subsection, a term of
imprisonment in the custody of the Department of Corrections for not
less than four (4) years nor more than twenty (20) years; or
3. For a third or subsequent violation of this subsection, a
term of imprisonment in the custody of the Department of Corrections
for not less than ten (10) years nor more than life.
F. Any person who violates any provision of this section by
transporting with intent to distribute or dispense, distributing or
possessing with intent to distribute a controlled dangerous
substance to a person, or violation of subsection G of this section,
in or on, or within two thousand (2,000) feet of the real property
comprising a public or private elementary or secondary school,
public vocational school, public or private college or university,
or other institution of higher education, recreation center or
public park, including a state park or recreation area, public
housing project, or child care facility as defined by Section 402 of
Title 10 of the Oklahoma Statutes, shall be guilty of a Class C1
felony offense and shall be punished by:
1. For a first offense, a term of imprisonment as provided for
in subsections B through E of Section 20L of Title 21 of the
Oklahoma Statutes; or
2. For a second or subsequent violation of this section, a term
of imprisonment as provided for in subsections B through E of
Section 20L of Title 21 of the Oklahoma Statutes, or by the
imposition of a fine, or by both, not exceeding thrice that
authorized by the appropriate provision of this section.
Convictions for second and subsequent violations of the provisions
of this section shall not be subject to statutory provisions of
suspended sentences, deferred sentences or probation.
G. 1. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person to manufacture
or attempt to manufacture any controlled dangerous substance or
possess any substance listed in Section 2-322 of this title or any
substance containing any detectable amount of pseudoephedrine or its
salts, optical isomers or salts of optical isomers, iodine or its
salts, optical isomers or salts of optical isomers, hydriodic acid,
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sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
organic solvents with the intent to use that substance to
manufacture a controlled dangerous substance.
2. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance, possessing any
substance listed in this subsection or Section 2-322 of this title,
or combining fentanyl with any other controlled dangerous substance,
upon conviction, is guilty of a Class A2 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for not less than seven (7) years nor more than life and
by a fine not less than Fifty Thousand Dollars ($50,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment. The possession of any
amount of anhydrous ammonia in an unauthorized container shall be
prima facie evidence of intent to use such substance to manufacture
a controlled dangerous substance.
3. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance in the following
amounts:
a. one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,
b. five (5) kilograms or more of a mixture or substance
containing a detectable amount of:
(1) coca leaves, except coca leaves and extracts of
coca leaves from which cocaine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,
(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,
(3) ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or
(4) any compound, mixture, or preparation which
contains any quantity of any of the substances
referred to in divisions (1) through (3) of this
subparagraph,
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c. fifty (50) grams or more of a mixture or substance
described in division (2) of subparagraph b of this
paragraph which contains cocaine base,
d. one hundred (100) grams or more of phencyclidine (PCP)
or one (1) kilogram or more of a mixture or substance
containing a detectable amount of phencyclidine (PCP),
e. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD),
f. four hundred (400) grams or more of a mixture or
substance containing a detectable amount of N-phenyl-
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
grams or more of a mixture or substance containing a
detectable amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,
g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable amount of marijuana
or one thousand (1,000) or more marijuana plants
regardless of weight,
h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or five
hundred (500) grams or more of a mixture or substance
containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers, or
i. ten (10) grams or more of a mixture or substance
containing a detectable amount of fentanyl, its
analogs, or derivatives,
upon conviction, is guilty of aggravated manufacturing of a
controlled dangerous substance, a Class A1 felony offense,
punishable by imprisonment in the custody of the Department of
Corrections for not less than twenty (20) years nor more than life
and by a fine not less than Fifty Thousand Dollars ($50,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu of other punishment. Any person
convicted of a violation of the provisions of this paragraph shall
be required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
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earned credits towards the completion of the sentence or eligible
for parole.
4. Any sentence to the custody of the Department of Corrections
for any violation of paragraph 3 of this subsection shall not be
subject to statutory provisions for suspended sentences, deferred
sentences, or probation. A person convicted of a second or
subsequent violation of the provisions of paragraph 3 of this
subsection shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
earned credits or eligibility for parole.
5. Any person who has been convicted of manufacturing or
attempting to manufacture methamphetamine pursuant to the provisions
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any product,
mixture, or preparation containing any detectable quantity of base
pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
Class B3 felony offense punishable by imprisonment in the custody of
the Department of Corrections for a term in the range of twice the
minimum term provided for in paragraph 2 of this subsection.
H. In any investigation or prosecution involving a fatal
overdose, the presence of fentanyl, a fentanyl analogue, or any
mixture or substance containing a detectable amount of fentanyl in
the decedent's blood, tissue, or post-mortem toxicology shall
constitute rebuttable prima facie evidence that fentanyl was the
proximate cause of death.
I. Any person convicted of any offense described in the Uniform
Controlled Dangerous Substances Act may, in addition to the fine
imposed, be assessed an amount not to exceed ten percent (10%) of
the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous substances created
pursuant to Section 2-506 of this title.
I. J. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
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J. K. For purposes of this section, "public housing project"
means any dwelling or accommodations operated as a state or
federally subsidized multifamily housing project by any housing
authority, nonprofit corporation or municipal developer or housing
projects created pursuant to the Oklahoma Housing Authorities Act.
K. L. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
Revolving Fund created in Section 2-503.2 of this title, upon
collection.
L. M. Any person convicted of a second or subsequent felony
violation of the provisions of this section, except for paragraphs 1
and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of
subsection C of this section, paragraphs 1, 2, and 3 of subsection E
of this section and paragraphs 1 and 2 of subsection F of this
section, shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes.
SECTION 3. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________