Prior to July 1, 2017, possession of any Schedule I or II substance in Oklahoma, except for marijuana, was considered a felony. This meant that being charged with possession could lead to up to five years in prison and a $5,000 fine. Any subsequent charges would lead to an increase in prison time as well as the fine. Possession of a Schedule III, IV, or V substance or marijuana was considered a misdemeanor, unless it was found to be within 1,000 feet of a school, church, playground, or in the same home as any child under age 12. In these cases, possession of these substances was considered a felony.
As of July 1, 2017, Oklahoma law has changed to reduce penalties for drug possession. Simple possession of any Controlled Dangerous Substance (CDS) is now considered a misdemeanor. Maximum jail time is one year and the maximum fine is $1,000.
Possession Defined
Any amount that is determined to be less than the trafficking amount is considered a simple possession. Any drug that is packaged or carried in a manner that indicated distribution will lead to a trafficking offense. If you are carrying over 25 pounds of marijuana, 28 grams of cocaine, 10 grams of heroin, or 20 grams of methamphetamine, you may be charged with felony trafficking. Smaller amounts may still be considered felony distribution. Any amount that is found alongside scales, packaging, or any other paraphernalia that indicates an intent to distribute will be charged as a felony.
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SPEAK TO AN ATTORNEY TODAYOther Types of Drug Charges in Oklahoma
Drug possession and trafficking are not the only two types of drug charges one can acquire in the Sooner State. Though the laws have become more lax in recent years, the state still recognizes that certain crimes are more serious than others, which is why it continues to categorize drug crimes as possession, possession with intent to distribute, manufacturing, trafficking, and cultivation. At BDIW Law, our Oklahoma drug charges defense attorneys provide honest legal advice and aggressive representation for a number of serious drug charges, including the following:
- Possession of Marijuana
- Possession or Simple Possession
- Possession with Intent to Distribute
- Possession of Precursors
- Possession of Drug Paraphernalia
- Delivery of a Controlled Substance
- Drug Manufacturing
- Endeavoring to Manufacture
- Aggravated Manufacturing
- Drug Cultivation
- Drug Trafficking
- Aggravated Trafficking
- Prescription Drug Fraud
- Driving Under the Influence of a Controlled Dangerous Substance
Our lawyers have the skills and resources necessary to handle these delicate cases and to build viable defenses to the charges brought against our clients. We have helped countless individuals clear their names of charges relating to marijuana, ecstasy, methamphetamine, cocaine, heroin, and prescription drugs.
The Consequences for Drug Crimes in Oklahoma
The consequences of a conviction all depend on which county you were arrested in, what drug was found in your possession, and the reason for the substance being in your possession in the first place. The judge will also consider whether you are a first time offender or a subsequent offender, and if there were children in your presence at the time of arrest. Some counties may be more lenient for first time offenders. However, due to the new law, you cannot be charged with more than a misdemeanor for mere possession, even for subsequent offenses.
If you are found to be trafficking, distributing, manufacturing, or cultivating any controlled substance, you will likely face felony charges and jail time.
Contact an Attorney
Changes in laws can be confusing and difficult to navigate. If you or a loved one is facing a drug charge, you may be confused about these new changes in the law. If you have any questions or need legal assistance, contact the lawyers at BDIW Law for a consultation.
