Both federal and state laws regulate the possession of controlled substances in Oklahoma. Fundamentally, Oklahoma drug laws mirror federal drug laws, which are governed by the Controlled Substances Act, 21 U.S.C. §801 et. seq. Read on to learn more about drug crimes in Oklahoma.
The Controlled Substances Act
The Controlled Substances Act categorizes drugs into five categories or schedules with Schedule I consisting of drugs which have no safe or accepted medical use and a high potential for abuse, such as LSD, MDMA, heroin, and in Oklahoma, even marijuana.
Schedule II consists of drugs that have a high potential for abuse and are highly addictive. The drugs in this category have accepted medical uses but are only to be used under a doctor’s supervision and limited to prescriptions of no longer than 30 days. This schedule includes drugs such as amphetamines, methamphetamines, PCP, morphine and cocaine.
Schedule III consists of drugs such as stimulants, depressants and steroids, which have accepted medical uses, less potential for abuse but a higher potential for psychological dependency, although the potential for physical dependency is only moderate.
Schedule IV consists of drugs with accepted medical uses, low potential for abuse but some potential for psychological or physical dependency. Examples of these drugs are Xanax, Valium, tranquilizers and sedatives.
Finally, Schedule V consists of drugs such as cough medicine and codeine, which have accepted medical uses with a low potential for abuse and limited risk of dependency.
Common Drug Crimes in Oklahoma City
The most common drug crimes in Oklahoma City are as follows:
Possession of a Controlled Substance.
Possession with Intent to Distribute.
The Penalties for Drug Crimes in Oklahoma City
Recent legalization of marijuana in Colorado might suggest the heat is off when it comes to drug crimes. In Oklahoma, it is not. The sentences for drug crimes in Oklahoma are among the toughest in the country, and a conviction for the possession, distribution or trafficking of drugs can have extremely sobering consequences.
Drug crimes in Oklahoma may be charged as a misdemeanor, as for a first arrest on the charge of the possession of marijuana; or as a felony, such as in the case of an possession with the intent to distribute.
Convictions on felony drug crimes in Oklahoma are subject to mandatory minimum prison sentences, but even a conviction on a misdemeanor drug charge can lead to a year behind bars.
Fundamentally, the only difference between possession (typically a misdemeanor for your first offense) and possession with the intent to distribute (a felony) is the quantity of drugs in your possession.
If you are charged with a felony drug charge in Oklahoma City, for even a first offense, you will be facing a minimum of two years and up to life in prison, depending on the type of drug and the quantity of the drug in your possession.
However, when there is no evidence to prove that you intended to sell or distribute the drug, an experienced attorney may argue to reduce a felony charge to a misdemeanor charge of simple possession.
Furthermore, if the police violated any of your constitutional rights in obtaining evidence against you for the charge, any evidence seized in this manner may be ruled inadmissible, which in turn may result in a dismissal of the the charges against you for lack of evidence.
Free Consultation: Oklahoma City Drug Crimes Attorney
Because of the severity of the potential consequences of a drug conviction in Oklahoma City, it is crucial that you speak to an attorney, who has experience in defending clients who have been charged with drug offenses, as soon as you are charged or know that you will be charged with a drug-related offense.
For a free consultation with an Oklahoma City Drug Crimes attorney, call the Wirth Law Office- Oklahoma City attorney at (405) 888-5400. You can also submit an email question from the top right corner of this page. We will respond as quickly as possible to all questions.