Oklahoma City Attorney BlogDefining Possession of a Controlled Drug in Oklahoma City

possession of a controlled drug in Oklahoma CityOklahoma’s New Drug Laws

Once upon a time, Oklahoma had some of the strictest laws in the nation regarding illegal drug possession. But in 2017, Oklahoma passed new legislation making simple possession of a controlled drug a misdemeanor. However, violating other drug laws in Oklahoma, such as manufacturing, sale, and distribution, are still serious felonies. Here are some things about the possession of a controlled drug in Oklahoma City.

Possession of a Controlled Drug Defined

In Oklahoma, it is unlawful for a person to knowingly or intentionally possess a controlled dangerous substance (drug) unless that substance was obtained directly or by a valid prescription or order from a practitioner acting within the course and scope of his or her professional practice. Okla. Stat. tit. 63 § 2-402

That means that if you are in possession of a controlled substance such as marijuana, oxycontin, methamphetamine, or any other controlled substance, you could be convicted of possession. The first conviction is a misdemeanor and all subsequent convictions are misdemeanors as well. Possession of over-the-counter medications is excluded from prosecution.

What Constitutes Simple Possession?

Simple possession means drugs for personal use. Implied in that standard is a measure of the amount of drugs in your possession when you are caught. If you are caught with a couple of doses of any drug, it is likely that the drug is meant for your own use.

However, if you are caught with a 100 doses, the court will imply that you are a drug dealer and the doses were meant for sale and distribution. Then the penalties are much stiffer.

Likewise, if you are carrying drug paraphernalia that indicates personal use, such as rolling papers for marijuana, it is more likely that you will be charged with simple possession — as long as you are carrying under an ounce or so of the substance.

Penalties

Simple possession is punishable by jail time of up to a year, a fine of up to $1,000, or both. The defendant will also be required to pay a $100 fee to the Trauma Care Assistance Revolving Fund.

Medical Marijuana

In October 2018, Oklahoma approved new laws regarding the use of medical marijuana, making it legal in the state. Thus, possession of medical marijuana is exempt from prosecution as long as you carry a legal license to carry it. However, if you are caught with large amounts of marijuana, the law will still imply that the drugs were not for your personal use, but for sale or distribution.

All jail time is hard time. If you are being charged for possession of any drug, make sure to talk to an experienced Oklahoma City attorney. Your attorney can help protect your freedom.

Free Consultation: Oklahoma City Criminal Defense Attorney

Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.

For a free consultation with an Oklahoma criminal defense attorney, call Wirth Law Office – Oklahoma City at 405-888-5400.

You can also submit an email question from the top right corner of this page. We will respond to all questions as soon as possible.

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