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An Oklahoma drug crime defense attorney is a criminal defense lawyer who represents individuals charged with drug-related crimes. The types of drug charges in Oklahoma include possession, possession with intent to distribute (PWI), possession of drug paraphernalia, manufacturing or cultivating drugs, and illegal possession of prescription drugs. The Law Offices of Adam R. Banner has a strong track record of successfully defending clients facing both state and federal drug charges. Our drug defense attorneys provide a comprehensive defense strategy that protects the constitutional rights of our clients, challenges the evidence put forth by the prosecution, negotiates for reduced charges or alternatives to incarceration when appropriate, and represents clients at trial to secure the best possible outcome. Our attorneys employ legal strategies such as demonstrating a lack of evidence, unreasonable search and seizure by police, illegally obtained evidence, and other common mistakes made by law enforcement.
Drug charges in Oklahoma include simple possession, possession of drug paraphernalia, possession with intent to distribute, drug distribution & delivery, drug manufacturing and cultivation, drug trafficking & aggravated trafficking, and prescription drug fraud & forgery. The type of charges brought against an individual are based on the quantity, and classification of the controlled substance under Oklahoma law, as well as the individual’s intent, prior criminal history, and the circumstances surrounding the arrest. Oklahoma categorizes drugs into five schedules under the Uniform Controlled Dangerous Substances Act, with Schedule I and II substances carrying the most severe penalties due to their high abuse potential and limited or no medical use.
Simple possession in Oklahoma is the unauthorized possession of a controlled dangerous substance (CDS) that is strictly for personal use. Simple possession is outlined in Oklahoma Statutes §63-2-402 and it applies to illicit drugs, narcotics, and prescription medications held without a valid prescription. Personal use means that no evidence of distribution, manufacturing, or intent to sell was found during the arrest. Under Oklahoma law, possession can be categorized into "actual possession" and "constructive possession." Actual possession means a person has physical control over the drug, such as in their hand, pocket, or purse. Constructive possession means the drugs are in a location under the control of the individual, such as a car, home, or apartment. The type of possession applied to case impacts how the case i prosecuted, defense strategies, and whether the charges are a misdemeanor or a felony.
A first violation of simple possession is a misdemeanor and is punishable by imprisonment in the county jail for not more than one (1) year, a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment.
If a person is convicted of simple possession a second time within ten (10) years, the offense is still a misdemeanor. The court can allow the person to complete a substance abuse assessment and treatment program instead of serving jail time or paying a fine. This program can last up to one (1) year and may include drug testing. If the person does not complete the program, the court can sentence them to up to one (1) year in county jail, a fine of up to One Thousand Dollars ($1,000.00), or both.
If a person is convicted a third time within ten (10) years, the offense is still a misdemeanor, but the penalties increase. The person can be sentenced to at least thirty (30) days in county jail, a fine of up to One Thousand Dollars ($1,000.00), or both. The court can also allow the person to complete a substance abuse assessment and treatment program instead of serving the sentence. This program can last up to three (3) years and may include drug testing. If the person does not complete the program, the court can impose the standard penalties allowed by law.
A person convicted of a fourth violation of possession within ten (10) years is guilty of a felony. The punishment is imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year and not more than five (5) years, a fine of not more than Five Thousand Dollars ($5,000.00), or both the fine and imprisonment.
Any person convicted under this section shall pay a One Hundred Dollar ($100.00) trauma-care assessment fee in addition to any other fine imposed.
Possession with intent to distribute is a criminal charge applied when law enforcement officers believe the individual was intending to sell, deliver, or distribute drugs rather than keeping them for personal use. Possession with intent to distribute is charged because of the presence of evidence such as larger quantities of drugs, scales, baggies, or packaging materials, large amounts of cash, or the presence of firearms.
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 as well. This offense can result in a felony conviction and can carry lengthy prison terms. For more information contact one of our attorneys or see our related page for drug trafficking charges.
It is important to also know the distinction between which controlled dangerous substances are "narcotics" and which ones are not. Some common narcotics are heroin, cocaine, crack, and LSD. Marijuana, meth, PCP, and mushrooms are NOT considered narcotics. This distinction is important, because it can determine the potential punishment range that one may face if charged.
Possession with intent to distribute is a felony in Oklahoma and carries serious prison time. The exact sentence depends on the type of drug and the person’s prior convictions.
For Schedule I or II drugs (such as heroin or cocaine), a first conviction is punishable by imprisonment for not less than zero (0) years and not more than seven (7) years. A second conviction increases the range to not less than zero (0) years and not more than fourteen (14) years. A third or subsequent conviction increases the range to not less than zero (0) years and not more than twenty (20) years.
For marijuana or Schedule III, IV, or V drugs, a first conviction is punishable by imprisonment for not less than zero (0) years and not more than five (5) years. A second conviction increases the range to not less than zero (0) years and not more than ten (10) years. A third or subsequent conviction increases the range to not less than zero (0) years and not more than fifteen (15) years.
In all cases, the court may also impose a fine in addition to imprisonment. The table below shows the range of fines based on the class of drug.
Drug trafficking is the possession, manufacture, distribution, or transportation of controlled dangerous substances in weights that exceed the legal thresholds outlined in Oklahoma Statutes §63-2-415. Oklahoma drug trafficking charges differ from possession with intent charges in that trafficking charges are based only on the quantity of illegal drug possessed by the defendant, whereas intent to sell requires additional evidence such as the presence of large amounts of cash, packaging materials, or communications indicating an intent to distribute.
Aggravated drug trafficking is a more severe charge of drug trafficking and is applied when an individual possesses substantially larger quantities of a CDS or when specific aggravating factors are present such as the possession of a firearm during the offense, trafficking near schools, daycares, or public housing, or if the defendant has prior felony drug convictions.
The legal defense for drug trafficking or aggravated drug trafficking involves challenging the State's evidence of possession, intent, and quantity while protecting the constitutional rights of the defendant. Penalties for drug trafficking in Oklahoma are severe, including long prison sentences and heavy fines. Due to these severe penalties, those facing charges should consult an experienced Oklahoma City drug trafficking defense attorney to ensure every available option is explored.
In Oklahoma, Possession of 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 any of the items listed below.
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.
For a first offense, a person can be punished by up to one (1) year in county jail, a fine of up to One Thousand Dollars ($1,000.00), or both.
For a second offense, the penalties increase. A person can be sentenced to at least fifteen (15) days and up to one (1) year in county jail, a fine of up to Two Thousand Five Hundred Dollars ($2,500.00), or both.
For a third or later offense, the penalties increase again. A person can be sentenced to at least thirty (30) days and up to one (1) year in county jail, a fine of up to Five Thousand Dollars ($5,000.00), or both.
In Oklahoma, it is illegal to knowingly possess money or other property that comes from the sale, purchase, or distribution of illegal drugs under 63 O.S. § 2-503.1. This offense is called possession of proceeds derived from drug activity. Possession of drug proceeds is a Class B2 felony. A person convicted of this offense shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than two (2) years and not more than ten (10) years, a fine of not more than Twenty Thousand Dollars ($20,000.00), or both such fine and imprisonment.
To prove this charge, the State must show that the person knew the money or property came from illegal drug activity. Law enforcement may rely on circumstantial evidence, such as the amount of cash, how it is packaged, or other items found during an investigation.
This criminal charge is separate from civil forfeiture, which is a process that allows the government to take money or property believed to be connected to drug activity.
You can also face charges for stealing a controlled dangerous substance. Now, this does not mean that dealers can call the cops and press charges whenever someone has stolen their drugs or ripped them off on a deal. These charges are usually reserved for situations in which someone has stolen CDS from a pharmacy or other location.
This is not to be confused with situations in which someone takes the controlled dangerous substance by force or fear. In those situations, a person can be charged with Obtaining CDS by Robbery, which is punishable by not less than five years in prison.
In Oklahoma, larceny of a controlled dangerous substance is a Class B2 felony under 63 O.S. § 2-403. A person convicted of this offense will be sentenced by imprisonment in the custody of the Department of Corrections for a term of not less than zero (0) years and not more than ten (10) years, a fine of not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
Another common charge that should be distinguished from Larceny of CDS is allegations that one has obtained a CDS by fraud, such as when drugs are obtained from a pharmacy by use of a forged prescription. Individuals can also face criminal charges simply for having a stolen prescription pad in their possession. Simply possessing a forged prescription is does not expose a Defendant to the same amount of liability he or she will face if the forged prescription is actually offered to the pharmacy in an attempt to obtain a controlled dangerous substance.
The first offense of obtaining CDS by fraud is a Class B2 felony. A person can be sentenced to up to ten (10) years in prison, a fine of up to Five Thousand Dollars ($5,000.00), or both.
A second or later offense is a Class B1 felony. A person convicted of this offense can be sentenced to at least four (4) years and up to twenty (20) years in prison, a fine of up to Ten Thousand Dollars ($10,000.00), or both. The person is not eligible for a suspended or deferred sentence, which means the judge cannot place them on probation instead of sending them to prison. Repeat offenders are not eligible for a suspended or deferred sentence, which means the judge cannot give probation instead of prison time.
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 even in the face of the state's recent legalization of medical marijuana. 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.’
With the legalization of medical marijuana, any person who possesses 1.5 ounces of marijuana or less, and who can state a medical condition (even when persons do not have medical marijuana licenses), will only face a misdemeanor conviction with no jail time and a maximum fine of $400.00. Obviously, possession of marijuana with a valid medical license is not a crime on the state level (there are arguments that it could still be a crime on the federal level, though).
However, prosecutors are always looking for an opportunity to charge a case as a felony if possible. Even those individuals who possess less than 1.5 ounces of marijuana can potentially be charged with felony possession of marijuana with intent to distribute if there is enough circumstantial evidence to support the prosecution's claim that the individual intended to distribute the marijuana to others. These facts and others can be explained by an attorney familiar with such charges.
There has been quite a bit of change in Oklahoma's drug laws lately. In years past, depending on the Defendant’s prior record of drug-related convictions, unlawful possession of marijuana could be classified as either a felony or a misdemeanor. However, with Oklahoma's focus on prison reform, we have seen changes to our drug laws; specifically, these changes have greatly impacted simple possession of marijuana and other controlled dangerous substances.
Now that the new laws have been implemented, simple possession of marijuana and any other controlled dangerous substance is always a misdemeanor offense. Second and subsequent cases of simple possession of ANY controlled dangerous substance are no longer enhanced to felony charges.
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. This issue has been rectified to a certain degree by the implementation of "fine-only" penalties of simple possession of marijuana (so long as the person in possession can state a medical condition).
Still, there are, and will continue to be, situations where law enforcement, frustrated by their failure to find a large quantity of the drug, issues a $400.00 citation to someone after a search of their vehicle reveals only "stems, seeds, or shake" instead of grams, ounces, or pounds. Individuals will be forced with deciding whether to fight the charge (and potentially spend much more than the maximum fine on an attorney) or simply accepting the fine and conviction.
There is a common misconception that prosecutors will decide to charge someone with simple possession of a controlled dangerous substance, as opposed to possession with intent, simply based on the amount of marijuana that is found. This is only partly true.
While the weight of marijuana found is a factor that goes into the prosecution's consideration as to whether or not someone possessed weed only for personal use, law enforcement look at other factors as well. Depending on the particular type of paraphernalia that is found along with the drugs themselves, the prosecution may allege the paraphernalia as circumstantial evidence that a Defendant meant to distribute the marijuana. This can also occur if the marijuana is found in separate containers.
If you or a loved one are facing drug charges in the State of Oklahoma, time is of the essence. You need a criminal defense lawyer who specializes in drug cases. Call the law firm 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.
