Defining Possession of a Controlled Dangerous Substance in Oklahoma

possession of a controlled dangerous substanceHistorically, Tulsa, Oklahoma has had some of the harshest penalties for possession of a controlled dangerous substance in the United States.

However, in 2017, the laws for possession of a controlled dangerous substance were changed. Simple possession of a small amount of a controlled dangerous substance is now a now a misdemeanor. Okla. Stat. tit. 63 § 2-402

Possession of a Controlled Dangerous Substance Defined

In Oklahoma, it is a misdemeanor for any person to knowingly or intentionally be in possession a controlled dangerous substance (drugs) unless that substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting within the course of his or her professional practice. Okla. Stat. tit. 63 § 2-402

If you aren’t in possession of it legally from a doctor or pharmacist, you could be subject to a conviction for possession.

The first conviction is treated as a misdemeanor. So are all subsequent convictions.

However, the trafficking, sale, and distribution of controlled dangerous substances are felony counts that carry stiff penalties in Oklahoma.

What is a Controlled Dangerous Substance?

Under Oklahoma law, all drugs are classified according to Schedules. These Schedules categorize drugs according to the risk for harm and abuse balanced against their valid medical use.

Schedules encompass all illegal drugs as well as all drugs that are legal only by prescription. It does not include over-the-counter medications. Okla. Stat. tit. 63 §§ 2-204 et seq.

Punishment for Possession of a Dangerous Controlled Substance

Simple possession is punishable by up to a year in jail and a fine of up to $1,000. In addition, the defendant will also be required to pay a $100 fee to the Trauma Care Assistance Revolving Fund.

Medical Marijuana

Oklahoma has approved new laws regarding the use of medical marijuana (Bill 788), making it legal in the state. Thus, possession of medical marijuana should be exempt from prosecution.

It is not clear yet how police and prosecutors will handle possession of medical marijuana paraphernalia. Those laws are still on the books. It is typical in marijuana possession arrests to charge both the possession of the drug and possession of the drug’s paraphernalia.

If you are being charged for possession of any drug, make sure to talk to an experienced Tulsa criminal defense attorney. These laws are in flux and you want to avoid jail time if at all possible. A Tulsa attorney can help.

Free Consultation with a Tulsa Criminal Defense Attorney

We are here to help when you need it most. We offer a free consultation with an experienced Tulsa criminal defense attorney.

Call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.

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