A. It shall be unlawful, except as authorized and controlled by federal law, to manufacture, distribute, possess with intent to distribute, dispense, create, possess or cultivate a controlled or a counterfeit substance; or to obtain or acquire possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge; or to knowingly or intentionally use any communication facility in committing any of the above prohibited acts.

B. Controlled or counterfeit substances shall consist of the substances listed in 21 U.S.C. § 812 and shall include addition of a drug product containing more than nine grams of ephedrine, pseudo-ephedrine or phenylpropanolamine or their salts, isomers, or salts of isomers to Schedule V, and any other chemical substance, natural or artificial, defined as a controlled or dangerous substance, the possession, sale, distribution or use of which is prohibited by federal law, except peyote. It shall not be unlawful for any registered members of the Native American Church to transport, buy, sell, possess, or use peyote in any form in connection with recognized bona fide practices, sacraments, or services of the Native American Church consistent with the American Indian Religious Freedom Act and its amendments.

C. Dangerous drug offenses shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal Jail not to exceed six months, or both. Upon conviction under this section for sales, distribution, possession with intent to distribute, manufacture with intent to sell or cultivation with intent to distribute, civil banishment shall be imposed for a term of not less than five years, and not to exceed ten (10) years.

D. Any substance handled in violation of this section is hereby declared to be contraband and civil forfeiture proceedings may be had against such substance as provided by law.

E. Any personal property used to transport or conceal the manufacture, cultivation or distribution of controlled dangerous substances in violation of this section shall be subject to forfeiture as contraband by civil proceeding as provided by law. ONCA 15-31, eff. Apr. 21, 2015.