Penalties for Drug Possession in Oklahoma

Oklahoma has some of the strictest drug laws in the United States. Possession of illegal drugs, even for personal use, can lead to criminal charges and stiff penalties in Oklahoma. This article provides an overview of Oklahoma's drug possession laws, penalties, and potential defenses.

Laws on Drug Possession

Oklahoma's drug possession laws are outlined in Title 63, Chapter 2 of state statutes. Possession of any controlled dangerous substance (CDS) is illegal in Oklahoma unless prescribed by a doctor. CDS are categorized into five schedules based on their potential for abuse:

• Schedule I - High potential for abuse, no accepted medical use (heroin, LSD, marijuana, ecstasy)
• Schedule II - High potential for abuse, some accepted medical use with restrictions (cocaine, methamphetamine, Adderall, Vicodin)
• Schedule III - Potential for abuse, accepted medical use with restrictions (Ketamine, anabolic steroids)
• Schedule IV - Low potential for abuse, accepted medical use (Xanax, Valium, Ambien)
• Schedule V - Lowest potential for abuse, accepted medical use (Robitussin with codeine, Lomotil)

Simple possession of any CDS, regardless of schedule, is a misdemeanor in Oklahoma punishable by:

• Up to 1 year in jail
• Fine up to $1000

This penalty applies to the first and all subsequent offenses. The number of previous convictions does not increase the penalty1 . However, possession of Schedule I and II drugs (except marijuana) is a felony with harsher penalties:

• 2-10 years in prison
• Fine up to $5000
  2

A second conviction for Schedule I/II possession (except marijuana) is 4-20 years in prison and a fine up to $10,000 2.

Factors Affecting Charges

Several factors can increase drug possession penalties or lead to additional charges:

Intent to Distribute

Possession of large quantities or packaging for resale indicates intent to distribute. This elevates simple possession to a felony charge with longer sentences 3 .

Drug Paraphernalia

Possession of items used for taking or making drugs, like pipes, baggies, and scales, can lead to additional paraphernalia charges 4.

Location

Possession within 1000 feet of a school, park, or housing project doubles fines/sentences. Possession in the presence of children under 12 also doubles penalties 1.

Medical Marijuana

With a valid license, adults can legally possess up to 8 ounces of marijuana. Those without a license can possess up to 1.5 ounces if they state a medical need 5.

Penalties for Specific Drugs

Marijuana

• Up to 1.5 ounces without a license - misdemeanor, max $400 fine
• Over 1.5 ounces without a license - misdemeanor, max 1 year jail, $1000 fine
• With license - legal to possess up to 8 ounces

Methamphetamine

• Any amount - misdemeanor, max 1 year jail, $1000 fine
• Over 20 grams - intent to distribute charges likely

Heroin

• Any amount - felony, 2-10 years prison, $5000 fine

Cocaine

• Any amount - felony, 2-10 years prison, $5000 fine

Prescription Drugs

• Depends on schedule, see laws above
• Possession without a prescription is illegal

Defenses

Several legal defenses may apply in Oklahoma drug possession cases:

• Illegal search - Evidence from searches violating 4th Amendment rights may be suppressed
• No possession - Defendant didn't knowingly possess drugs
• No intent - Drugs were for personal use, not distribution
• Medical need - Marijuana was used for medical purposes
• Validity of testing - Faulty drug testing procedures

Consequences

Beyond jail time, a drug conviction can impact your life in many ways:

• Permanent criminal record
• Loss of student financial aid
• Suspension of driver's license
• Deportation for non-citizens
• Loss of voting rights
• Difficulty finding a job
• Loss of professional licenses

Getting Legal Help

Drug charges should not be taken lightly. An experienced Oklahoma drug crimes defense attorney can often get charges reduced or dismissed. They will also advocate for alternative sentencing options like drug court. Don't risk your future - get professional legal help if facing drug possession charges in Oklahoma.

References

 Oklahoma Statutes Title 63, Section 2-402  Oklahoma Statutes Title 63, Section 2-402  Oklahoma Drug Distribution Laws  Oklahoma Laws on Drug Paraphernalia  Oklahoma Medical Marijuana Laws