Claremore, Oklahoma used to have some of the strictest laws on the books regarding drug possession in the United States. However, the laws for possession of a controlled dangerous substance in Oklahoma were changed in 2017.
What is Possession of a Controlled Dangerous Substance in Oklahoma?
Oklahoma law forbids a person from knowingly or intentionally possessing a controlled dangerous substance (drug) unless that substance was obtained directly or by a valid prescription or order from a practitioner. If you aren’t in possession of it legally from a doctor or pharmacist, you could be subject to a conviction for possession of a controlled dangerous substance in Oklahoma.
This law includes all kinds of prescription drugs as well as street drugs such as marijuana or methamphetamine. Over the counter medications are not included.
Simple possession of a small amount of a controlled dangerous substance is a misdemeanor crime. Okla. Stat. tit. 63 § 2-402
The first conviction as well as all other subsequent convictions are treated as misdemeanors in Oklahoma.
What Does Simple Possession Mean?
While simple possession is now a misdemeanor, the trafficking, sale, and distribution of controlled dangerous substances are still felony counts that carry stiff penalties in Oklahoma.
So, how does the law determine what constitutes simple possession for your own use vs. possession with the intent to traffic, sell, or otherwise distribute these drugs? It is likely that an arresting officer will look to the totality of the circumstances involved in making that determination.
For instance, the amount you are carrying in your possession makes a difference. If you have a large amount of the drug in your possession, it is likely that you will be charged with trafficking or intent to distribute. If you are carrying 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
Possession of a controlled dangerous substance in Oklahoma is punishable by up to a year in jail, 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 the use of medical marijuana in the state. Thus, possession of medical marijuana should be exempt from prosecution under the laws forbidding the possession of a controlled dangerous substance in Oklahoma.
However, it is not clear yet how police and prosecutors will handle the possession of medical marijuana paraphernalia. Those laws are still on the books and it is typical in marijuana possession arrests to charge for both the possession of the drug and possession of the drug’s paraphernalia.
If you are being charged for possession of a controlled dangerous substance in Oklahoma, make sure you talk to an experienced criminal defense attorney. These laws are in flux and you want to avoid jail time if at all possible. A Claremore attorney can help.
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