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Drug Possession Oklahoma Defense Attorneys

For more than 30 years, the United States has been actively engaged in the “War on Drugs.” This effort began with President Nixon, and has only grown in terms of manpower, time and money expended towards this effort since then. The original budget for this war was $100 million, but has since exploded to a budget of several billion dollars per year.

All of this attention has led to a dedicated effort by legislatures across the country to enact extremely harsh statutes in relation to drugs and by courts to enforce these statutes to their extreme, as the perception is that public policy demands harsh punishments for people with drug problems.

Regardless of personal beliefs regarding this issue, the reality is that drug possession in Oklahoma is a serious crime, and can carry significant consequences. If you or someone you love is facing charges relating to drug possession, you need to contact Privett Law immediately to schedule an initial consultation. In the meantime, below is a brief overview of the statutes that govern drug possession in Oklahoma.

Drug Possession Statute in Oklahoma

  1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this act.
  2. It shall be unlawful for any person to purchase any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, pursuant to Section 2-313 of this title in an amount or within a time interval other than that permitted by Section 2-313 of this title.

The Oklahoma drug possession statute above makes direct reference to a schedule of controlled substances, which exists for two purposes:

  • To define the controlled substances subject to these laws; and
  • To determine the amounts of each that will lead to certain punishments.

The number of substances on the schedule seems to grow constantly as new forms of drugs become readily available. Regardless of the substance in question, a convicted defendant faces severe punishment for a conviction, as you’ll see below.

Penalties for Drug Possession in Oklahoma

Any person who violates this section with respect to:

  1. Any Schedule I or II substance, except marijuana or a substance included in subsection D of Section 2-206 of this title, is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years. A second or subsequent violation of this section with respect to Schedule I or II substance, except marination or a substance included in subsection D of Section 2-206 of this title, is a felony punishable by imprisonment for not less than four (4) years nor more than twenty (20) years; or
  2. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is guilty of a misdemeanor punishable by confinement for not more than one (1) year. A second or subsequent violation of this section with respect to any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years.

A convicted defendant could face up to 20 years in prison, depending on the circumstances. There are also two additional factors to consider when analyzing the drug possession issue in Oklahoma as it relates to punishments:

  1. Each subsequent offense creates the potential for harsher penalties; and
  2. Any defendant found to have possessed a controlled substance within 1,000 feet of an elementary school or other child-oriented locations faces harsher penalties as well.

Oklahoma Drug Possession Defense Attorney

As you see, drug possession in Oklahoma is a serious matter. Very little account is given to the issue of whether a defendant convicted of drug possession is an addict or a criminal, and the law clearly states that those caught with controlled substances will be treated harshly if convicted. If you are facing a drug possession issue in Oklahoma, you need to act now to protect and enforce your rights. Contact Privett Law today to schedule an initial consultation and to get this process started.