Oklahoma Drug Charges
Unlawful Possession of Marijuana
Depending on the Defendant’s prior record of drug-related convictions, unlawful possession of marijuana can be classified as either a felony or a misdemeanor. Though mainstream society as a whole has generally shown more acceptance towards the possession and use of marijuana, Oklahoma remains one of staunchest opponents to the marijuana culture. Generally, a Defendant will be charged with possession if he or she is found to possess an amount of marijuana that’s small enough to be considered for ‘personal use.’ Do not be fooled however, as the state of Oklahoma generally has no qualms with considering even the smallest detectable amount of marijuana capable for personal use. Usually, a Defendant will face a misdemeanor charge and up to one year in prison for a first offense and between two and ten years for each subsequent offense.
Possession of Controlled Dangerous Substance (CDS)
Oklahoma has divided most of the “controlled dangerous substances” (CDS) our society is familiar with into “schedules” or categories based on the supposed addiction risk and potential medical use of each substance.
If a Defendant is found to be in possession of one of the above enumerated substances, he or she could face potential felony or misdemeanor liability depending on the amounts involved. Furthermore, a Defendant can be charged as having either ‘actual’ possession or ‘constructive’ possession, meaning the Defendant had control and dominion over the substance, even if it wasn’t necessarily on his or her person.
Possession of a CDS can also be classified as either a felony or a misdemeanor, and the length of prison terms depends on the number of prior convictions. A first time offender will usually face between two and ten years in prison; a conviction for a second or subsequent offense, will usually result in a sentence of between four and twenty years in prison.
Possession of Paraphernalia
In Oklahoma, Possession of drug paraphernalia is a misdemeanor charge, punishable by up to one year of incarceration in the county jail. According to the Oklahoma Uniform Controlled Dangerous Substances Act, paraphernalia refers to:
all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance
Possession with Intent to Distribute
In Oklahoma, a conviction for possession with intent to distribute carries heavy prison terms. Moreover, the phrase “with intent to distribute” can be very misleading: a Defendant does not need to actually intend to distribute the CDS if there is enough weight found to infer that the Defendant intends to distribute the substance. This is based on a legal fallacy that anything more than “personal use” could only reasonably be for the purpose of distribution. Furthermore, Defendants found with a CDS along with scales, bags, twisty-ties, multiple containers of a substance, or packaging supplies can face possible liability for possession with intent to distribute in Oklahoma as well. This offense is a felony and can carry lengthy prison terms.
If you or a loved one has been charged with drug charges in Oklahoma, time is of the essence. You need an experienced Oklahoma criminal defense attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.