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Oklahoma Drug Charges and Drug Trafficking Laws

One of the biggest issues facing society today, if you pay attention to the way the media, courts and legislatures at both the state and federal levels are acting, is that of illegal drugs. If someone in Oklahoma faces any sort of drug charges, he or she is in serious legal jeopardy, as a significant prison term can be attached to any conviction.

If you or someone you love is facing drug charges in Oklahoma, you have no choice but to act now. Contact Privett Law today to schedule an initial consultation regarding these drug charges and begin the process of understanding, protecting and enforcing your rights.

Simple Possession Charges

There are basically five different drug charges, aside from drug trafficking, currently in effect as statutes in Oklahoma. There are several factors that could lead a conviction of these drug charges to be considered either a felony or a misdemeanor, and the difference between these two classifications is critically important.

A felony conviction can result to a term in prison up to a defendant’s natural life, while a misdemeanor conviction cannot carry a term of incarceration longer than one year in Oklahoma.

Unlawful Possession of Marijuana

Unlawful possession of marijuana can be classified as either a felony or a misdemeanor, depending on the defendant’s prior record of possession. 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.’ Usually, a defendant will face a misdemeanor charge and up to one year in prison for a first offense and between two and ten years for each subsequent offense.

Possession of Controlled Dangerous Substance

There are schedules in Oklahoma that define a ‘controlled dangerous substance,’ and if a defendant is found to be in possession of such contraband, he or she could be charged with a felony or a misdemeanor depending on the amounts involved. A defendant could also be found to have ‘actual’ possession or ‘constructive’ possession, which means that the defendant had control over the substance even if it wasn’t on his person.

Possession of Controlled Drug

Possession of controlled drug can also be classified as either a felony or a misdemeanor, and the length of prison terms will depend on the number of prior convictions. For a first offense, a defendant can face between two and ten years in prison, and for a second offense, he or she will face between four and twenty years in prison.

Possession of Paraphernalia

A defendant faces a misdemeanor charge if he or she is charged with possession of paraphernalia. Paraphernalia refers to any object, tool or device that’s used to effectuate drug use or drug cultivation, and a misdemeanor is punishable by up to one year of incarceration.

Possession with Intent to Distribute

This is a statute that carries heavy prison terms upon conviction, and basically, any defendant found to be in possession of a controlled substance with too much volume on hand to be reasonably possible for personal use or who is found with any materials, including scales, bags, packaging supplies and the like will probably face this charge. This offense is a felony and can carry a heavy prison term.

Drug Trafficking

In Oklahoma, there is an entire law dedicated to this offense, and it is known as the Trafficking in Illegal Drugs Act. This act proffers stiff penalties for those who are convicted under the provisions of this statute, and the law lays out several different substances to be considered as drugs and punishments that are to be handed down upon conviction of drug trafficking.

Basically, a convicted defendant will face a prison term commensurate with sentencing guidelines, and these guidelines are at least partially defined by the amount, or volume of a controlled substance or substances found in the possession or control of a defendant, regardless of actual amount. Generally, a conviction for drug trafficking in Oklahoma will almost surely carry a significant prison term.

Oklahoma Defense | Defending All Drug Charges

As you see, any drug charges, including drug trafficking, in Oklahoma can carry serious, life-long consequences. Luckily for you, there are several Constitutional rights that are guaranteed to every defendant, regardless of offense, so if you are facing drug charges or an indictment for drug trafficking, contact Privett Law immediately to make sure that your rights are asserted and protected.