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An Act
ENROLLED SENATE
BILL NO. 444 By: Rader of the Senate
and
Caldwell (Chad) of the
House
An Act relating to controlled dangerous substances;
amending 63 O.S. 2021, Sections 2-315 and 2-508,
which relate to destruction of controlled dangerous
substances and disposition of seized property;
modifying and removing requirements and procedures
related to destruction; modifying terminology;
requiring compliance with federal regulation;
allowing ultimate user to submit own drugs for
destruction under certain conditions; permitting
destruction of decedent’s prescribed drugs under
certain conditions; authorizing qualified hospice
program to destroy decedent’s prescribed drugs under
certain conditions; requiring completion and
submission of certain form; defining terms; removing
requirement for certain destruction site; updating
statutory language; updating statutory references;
and providing an effective date.
SUBJECT: Destruction of controlled dangerous substances
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-315, is
amended to read as follows:
Section 2-315. A. Except as otherwise provided by law, any
person required to obtain an annual registration pursuant to Section
2-302 of this title, or any group home, or residential care home as
ENR. S. B. NO. 444 Page 2
defined by Section 1-820 of this title shall submit for destruction
destroy all controlled dangerous substances which are out of date,
which are unwanted, unused, or which are abandoned by their owner at
their facility due to death or other circumstances.
B. All controlled dangerous substances described in subsection
A of this section shall be submitted to the Oklahoma City laboratory
of the Oklahoma State Bureau of Investigation, along with all
required information on forms provided by the Oklahoma State Bureau
of Investigation, to the federal Drug Enforcement Administration, to
a duly registered reverse distributor, to the original registered
supplier or their registered agent, to a duly registered retail
pharmacy, or to a hospital or clinic with an on-site pharmacy
destroyed pursuant to the rules set forth in Part 1317 of Title 21
of the Code of Federal Regulations 21 C.F.R., Part 1317. When any
such substance is transported by private contract or common carrier
or United States Postal Service for the purpose of destruction, the
sender shall require a receipt from such private contract or common
carrier or United States Postal Service, and such receipt shall be
retained as a permanent record by the sender.
C. Controlled dangerous substances submitted to the Oklahoma
State Bureau of Investigation pursuant to the provisions of this
section shall be destroyed pursuant to the procedures provided in
subsection A of Section 2-508 of this title.
Controlled dangerous substances submitted to any distributors,
reverse distributors, or their original registered suppliers
pursuant to the provisions of this section shall be destroyed by
incineration so as to make the substance absolutely unusable for
human purposes in accordance with 21 C.F.R., Part 1317. An official
record listing the property destroyed, the location of destruction
and disposal, and the name and title of the person supervising the
destruction and disposal shall be submitted to the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control and the Diversion
Control Division of the federal Drug Enforcement Administration
office located nearest the destruction site.
D. The Office of the Chief Medical Examiner is hereby
authorized, in accordance with 21 C.F.R., Part 1317, to perform on-
site incineration destruction of all controlled dangerous substances
which are obtained in the discharge of the official duties of the
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Chief Medical Examiner. Any record relating to destruction of a
controlled dangerous substance shall be maintained as required by
the state or federal government and shall be available for
inspection by appropriate state or federal government regulatory
agencies.
E. 1. An ultimate user who has lawfully obtained a controlled
dangerous substance in accordance with state and federal law may,
without being registered under Section 2-302 of this title, deliver
the controlled dangerous substance to an authorized person for the
purpose of destruction of the controlled dangerous substance under
the conditions provided by 21 U.S.C., Section 822(g)(1).
2. If a person dies while lawfully in possession of a
controlled dangerous substance for personal use, any person lawfully
entitled to dispose of the decedent’s property may deliver the
controlled dangerous substance to another person for the purpose of
destruction under the conditions provided by 21 U.S.C., Section
822(g)(4).
3. a. In the case of a decedent who was receiving hospice
care at the time of death, an employee of a qualified
hospice program, acting within the scope of his or her
employment, may handle, without being registered under
Section 2-302 of this title, any controlled dangerous
substance that was lawfully dispensed to the decedent
prior to death, under the conditions provided by 21
U.S.C., Section 822(g)(5). Such employee shall, under
penalty of perjury, complete, sign, and submit to the
Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control a form to be prescribed by the Bureau. The
form shall also be signed by a witness who is either a
second employee of the qualified hospice program or a
family member of the decedent.
b. As used in this paragraph:
(1) “employee of a qualified hospice program” has the
same meaning as provided by 21 U.S.C., Section
822(g)(5)(B), and
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(2) “qualified hospice program” means a qualified
hospice program as defined in 21 U.S.C., Section
822(g)(5)(B) that is licensed under the Oklahoma
Hospice Licensing Act and registered under
Section 2-302 of this title.
F. This section shall constitute a part of the Uniform
Controlled Dangerous Substances Act.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-508, is
amended to read as follows:
Section 2-508. A. Except as otherwise provided, all property
described in paragraphs 1 and 2 of subsection A of Section 2-503 of
this title which is seized or surrendered pursuant to the provisions
of the Uniform Controlled Dangerous Substances Act shall be
destroyed pursuant to 21 C.F.R., Part 1317. The destruction shall
be done by or at the direction of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control (OSBNDD), who shall have the
discretion prior to destruction to preserve samples of the substance
for testing. In any county with a population of four hundred
thousand (400,000) or more according to the latest Federal Decennial
Census, there shall be a located site, approved by the OSBNDD, for
the destruction of the property. Any such property submitted to the
OSBNDD which it deems to be of use for investigative training, or
educational, or analytical purposes may be retained by the OSBNDD in
lieu of destruction.
B. 1. With respect to controlled dangerous substances seized
or surrendered pursuant to the provisions of the Uniform Controlled
Dangerous Substances Act, municipal police departments, sheriffs,
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Commission, the Oklahoma Highway Patrol, and the Oklahoma State
Bureau of Investigation shall have the authority to destroy seized
controlled dangerous substances when the amount seized in a single
incident exceeds ten (10) pounds. The destroying agency shall:
a. photograph the seized substance with identifying case
numbers or other means of identification,
b. prepare a report describing the seized substance prior
to the destruction,
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c. retain at least one (1) pound of the substance
randomly selected from the seized substance for the
purpose of evidence, and
d. obtain and retain samples of the substance from enough
containers, bales, bricks, or other units of substance
seized to establish the presence of a weight of the
substance necessary to establish a violation of the
Trafficking in Illegal Drugs Act pursuant to
subsection C of Section 2-415 of this title, if such a
weight is present. If such a weight is not present,
samples of the substance from each container, bale,
brick, or other unit of substance seized shall be
taken. Each sample taken pursuant to this section
shall be large enough for the destroying agency and
the defendant or suspect to have an independent test
performed on the substance for purposes of
identification.
2. If a defendant or suspect is known to the destroying agency,
the destroying agency shall give at least seven (7) days’ written
notice to the defendant, suspect, or counsel for the defendant or
suspect of:
a. the date, the time, and the place where the
photographing will take place and notice of the right
to attend the photographing, and
b. the right to obtain samples of the controlled
dangerous substance for independent testing and use as
evidence.
3. The written notice shall also inform the defendant, suspect,
or counsel for the defendant or suspect that the destroying agency
must be notified in writing within seven (7) days from receipt of
the notice of the intent of the suspect or defendant to obtain
random samples and make arrangements for the taking of samples. The
samples for the defendant or suspect must be taken by a person
licensed by the federal Drug Enforcement Administration. If the
defendant or counsel for the defendant fails to notify the
destroying agency in writing of an intent to obtain samples and
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fails to make arrangements for the taking of samples, a sample taken
pursuant to subparagraph d of paragraph 1 of this subsection shall
be made available upon request of the defendant or suspect.
The representative samples, the photographs, the reports, and
the records made under this section and properly identified shall be
admissible in any court or administrative proceeding for any
purposes for which the seized substance itself would have been
admissible.
C. All other property not otherwise provided for in the Uniform
Controlled Dangerous Substances Act which has come into the
possession of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections, the Office of the
Attorney General, or a district attorney may be disposed of by order
of the district court when no longer needed in connection with any
litigation. If the owner of the property is unknown to the agency
or district attorney, the agency or district attorney shall hold the
property for at least six (6) months prior to filing a petition for
disposal with the district court except for laboratory equipment
which may be forfeited when no longer needed in connection with
litigation, unless the property is perishable. The Director
director or Commissioner commissioner of the agency, the Attorney
General, or district attorney shall file a petition in the district
court of Oklahoma County or in the case of a district attorney, the
petition shall be filed in a county within the jurisdiction of the
district attorney requesting the authority to:
1. Conduct a sale of the property at a public auction or use an
Internet auction, which may include online bidding; or
2. Convert title of the property to the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control, the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
the Office of the Attorney General, or to the district attorney’s
office for the purposes provided for in subsection J, K, or L of
this section.
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The Director director, Commissioner commissioner, Attorney
General or district attorney shall attach to the petition:
a. a list describing the property, including all
identifying numbers and marks, if any,
b. the date the property came into the possession of the
agency or district attorney, and
c. the name and address of the owner, if known.
For any item having an apparent value in excess of One Hundred
Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the
notice of the hearing of the petition for the sale of the property,
except laboratory equipment used in the processing, manufacturing,
or compounding of controlled dangerous substances in violation of
the provisions of the Uniform Controlled Dangerous Substances Act,
shall be given to every known owner, as set forth in the petition,
by first-class mail to the last-known address of the owner at least
ten (10) days prior to the date of the hearing. An affidavit of
notice being sent shall be filed with the court by a representative
of the agency, the Director director or Commissioner commissioner of
the agency, the Attorney General, or district attorney. For items
in excess of Five Hundred Dollars ($500.00), a notice of the hearing
of the petition for the sale of said such property shall be
delivered to every known owner as set forth in the petition by
certified mail. Notice of a hearing on a petition for forfeiture or
sale of laboratory equipment used in the processing, manufacturing,
or compounding of controlled dangerous substances in violation of
the Uniform Controlled Dangerous Substances Act shall not be
required.
The notice shall contain a brief description of the property,
and the location and date of the hearing. In addition, notice of
the hearing shall be posted in three public places in the county,
one such place being the county courthouse at the regular place
assigned for the posting of legal notices. At the hearing, if no
owner appears and establishes ownership of the property, the court
may enter an order authorizing the Director director, Commissioner
commissioner, Attorney General, or district attorney to donate the
property pursuant to subsection J, K, or L of this section,; to sell
the property at a public auction, including an Internet auction,
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which may include online bidding, to the highest bidder,; or to
convert title of the property to the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
or the Office of the Attorney General for the purposes provided for
in subsection J, K, or L of this section after at least ten (10)
days of days’ notice has been given by publication in one issue of a
legal newspaper of the county. If the property is offered for sale
at public auction, including an Internet auction, and no bid is
received that exceeds fifty percent (50%) of the value of the
property, such value to be announced prior to the sale, the Director
director, Commissioner commissioner, Attorney General, or district
attorney may refuse to sell the item pursuant to any bid received.
The Director director, Commissioner commissioner, Attorney General,
or district attorney shall make a return of the sale and, when
confirmed by the court, the order confirming the sale shall vest in
the purchaser title to the property so purchased.
D. The money received from the sale of property by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control shall be used
for general drug enforcement purposes. These funds shall be
transferred to the Bureau of Narcotics Revolving Fund established
pursuant to Section 2-107 of this title or in the case of a district
attorney, the revolving fund provided for in paragraph 3 of
subsection L of Section 2-506 of this title.
E. At the request of the Department of Public Safety, the
district attorney or a designee of the district attorney may conduct
any forfeiture proceedings as described in Section 2-503 of this
title on any property subject to forfeiture as described in
subsection A, B, or C of Section 2-503 of this title. The money
received from the sale of property by the Department of Public
Safety shall be deposited in the Department of Public Safety
Restricted Revolving Fund and shall be expended for law enforcement
purposes.
F. The money received from the sale of property by the
Alcoholic Beverage Laws Enforcement Commission shall be deposited in
the General Revenue Fund of the state.
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G. The money received from the sale of property from the
Oklahoma State Bureau of Investigation shall be deposited in the
OSBI Revolving Fund and shall be expended for law enforcement
purposes.
H. The Director of the Department of Corrections shall make a
return of the sale and when confirmed by the court, the order
confirming the sale shall vest in the purchaser title to the
property so purchased. Twenty-five percent (25%) of the money
received from the sale shall be disbursed to a revolving fund in the
office of the county treasurer of the county wherein the property
was seized, said such fund to be used as a revolving fund solely for
enforcement of controlled dangerous substances laws, drug abuse
prevention, and drug abuse education. The remaining seventy-five
percent (75%) shall be deposited in the Department of Corrections
Revolving Fund to be expended for equipment for probation and parole
officers and correctional officers.
I. The money received from the sale of property from the Office
of the Attorney General shall be deposited in the Attorney General
General’s Law Enforcement Revolving Fund and shall be expended for
law enforcement purposes. The Office of the Attorney General may
enter into agreements with municipal, county, or state agencies to
return to such an agency a percentage of proceeds of the sale of any
property seized by the agency and forfeited under the provisions of
this section.
J. Any property, including, but not limited to, uncontaminated
laboratory equipment used in the processing, manufacturing, or
compounding of controlled dangerous substances in violation of the
provisions of the Uniform Controlled Dangerous Substances Act, upon
a court order, may be donated for classroom or laboratory use by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
Department of Public Safety, district attorney, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
or the Office of the Attorney General to any public secondary school
or technology center school in this state or any institution of
higher education within The Oklahoma State System of Higher
Education.
K. Any vehicle or firearm which has come into the possession
and title vested in the Oklahoma State Bureau of Narcotics and
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Dangerous Drugs Control, the Department of Public Safety, the
Oklahoma State Bureau of Investigation, the Office of the Attorney
General, or a district attorney, may be transferred, donated, or
offered for lease to any sheriff’s office, tribal law enforcement
agency, campus police department pursuant to the provisions of the
Oklahoma Campus Security Act, or police department in this state on
an annual basis to assist with the enforcement of the provisions of
the Uniform Controlled Dangerous Substances Act. Each agency shall
promulgate rules, regulations, and procedures for leasing vehicles
and firearms. No fully automatic weapons will be subject to the
leasing agreement. All firearms leased may be utilized only by
C.L.E.E.T.-certified CLEET-certified officers who have received
training in the type and class of weapon leased. Every lessee shall
be required to submit an annual report to the leasing agency stating
the condition of all leased property. A lease agreement may be
renewed annually at the option of the leasing agency. Upon
termination of a lease agreement, the property shall be returned to
the leasing agency for sale or other disposition. All funds derived
from lease agreements or other disposition of property no longer
useful to law enforcement shall be deposited in the agency’s
revolving fund, or in the case of the Department of Public Safety,
the Department of Public Safety Restricted Revolving Fund, and shall
be expended for law enforcement purposes.
L. Before disposing of any property pursuant to subsections C
through I of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, the Department of Public Safety, the
Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
Bureau of Investigation, the Department of Corrections, the Office
of the Attorney General, or a district attorney may transfer or
donate the property to another state agency, tribal law enforcement
agency, or school district for use upon request. In addition to the
provisions of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control may transfer or donate property for any
purpose pursuant to Section 2-106.2 of this title. The agencies and
any district attorney that are parties to any transfer of property
pursuant to this subsection shall enter into written agreements to
carry out any such transfer of property. Any such agreement may
also provide for the granting of title to any property being
transferred as the parties deem appropriate. If the transfer of
property is to a school district, a written agreement shall be
entered into with the superintendent of the school district. No
ENR. S. B. NO. 444 Page 11
weapons may be transferred to a school district except as provided
for in subsection K of this section.
SECTION 3. This act shall become effective November 1, 2026.
ENR. S. B. NO. 444 Page 12
Passed the Senate the 11th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 29th day of April, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________