Oklahoma law enforcement, prosecutors, and judges take a strong stand against illegal possession of controlled dangerous substances. In fact, the state has a reputation for having some of the strictest drug laws in the nation, with judges often doling out harsh sentencing for even simple marijuana charges, which is punishable by jail time even on the first offense.

Possession of drug paraphernalia, illegal prescription drugs, and controlled dangerous substances (CDS) are crimes that are vigorously prosecuted, sending thousands of Oklahomans to jail or prison each year.

If you are facing criminal conviction, incarceration, and the loss of your freedoms, rights, and privileges following an arrest, it is imperative that you find skilled legal representation from an experienced drug defense attorney.

Current Penalties for Possession of CDS as of July 1, 2019

The unlawful (simple) possession of any CDS is a misdemeanor in the state of Oklahoma. The maximum jail time is one year, and the maximum fine is $1,000. The maximum penalty does not change based on the number of times someone violates the statute.

Let's look at an example.  An individual might get caught with a small amount of meth 20 different times.  In each of these cases the individual would be charged with a misdemeanor.

Possession in the presence of a child or near a school is no longer be taken into consideration.

Oklahoma has recently passed new legislation regarding possession of cannabis.  For more information read our article on Oklahoma's new marijuana laws.

Schedule I and II Drugs

Schedule I drugs include MDMA (ecstasy), LSD, GHB, heroine, and psychedelic drugs such as mescaline, peyote, and psilocybin (mushrooms). Schedule II drugs include cocaine, oxycodone, hydrocodone, PCP, and amphetamines. Brand names of Schedule II drugs include OxyContin, Percocet, Percodan, Seconal, and drugs commonly used for the treatment of attention deficit disorder: Ritalin, Adderall, and Concerta.

The crime and punishment for charges involving a Schedule I or Schedule II drug is defined in 63 O.S. § 2-402 (B)(1):

Any Schedule I or II substance, except marihuana 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 and by a fine not exceeding Five Thousand Dollars ($5,000.00). A second or subsequent violation of this section with respect to Schedule I or II substance, except marijuana 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 and by a fine not exceeding Ten Thousand Dollars ($10,000.00)

Though marijuana is a Schedule I drug, for the purposes of prosecution, it is treated as a lesser drug. On the first offense, use of marijuana or a Schedule III, IV, or V drug is treated as a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Second and subsequent offenses, however, are prosecuted as felonies.

The punishment for a second offense of marijuana possession depends upon the proximity of the offense to the first conviction, as described in 63 O.S. § 2-402 (B)(3-4):

Schedule III, IV or V Drugs

3. 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 and who, during the period of any court-imposed probationary term or within ten (10) years of the date following the completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00); or

4. 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 and who, ten (10) or more years following the date of completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years and by a fine not exceeding Five Thousand Dollars ($5,000.00).

Though many people consider possession of marijuana or drugs like anabolic steroids, Valium, and Vicodin to be a minor offense, the reality is that conviction for this crime could lead to a sentence of up to ten years in prison.

Whether you are facing misdemeanor or felony charges, it is critical that you find a drug crime defense lawyer who can protect your constitutional rights and fight the charge or charges against you.

Frequently Asked Questions

How to Beat a Simple Possession Charge in Oklahoma?

Your best bet at beating a simple possession charge in Oklahoma is to work with a lawyer who specializes in drug-related cases.  Don't talk to anyone before securing your legal defense.  The police is NOT on your side and as they say, anything you say can be used against you in a court of law.

Is Meth Possession a Misdemeanor in Oklahoma?

Possession of meth is a misdemeanor.  However, there is no minimum amount of crystal meth you must possess in order for you to be charged with possession with intent to distribute.  Anything above 20g of meth can result in charges of trafficking.

Is possession of CDS a felony in Oklahoma?

No.  Possession of a CDS in Oklahoma is a misdemeanor.  It is punishable by a maximum of 1 year in jail and a $1,000 fine.

Legal Defense Options

If you have been arrested for illegal possession of prescription drugs, marijuana, or a controlled dangerous substance, the experienced drug possession defense attorneys at Phillips & Associates can provide innovative and effective options for your defense. If there is a lack of evidence to convict you or any evidence was obtained through unreasonable search and seizure, we may be able to have your case dismissed before it ever goes to trial.

At Phillips & Associates, we have successfully represented hundreds of clients accused of drug crimes, with many of our cases ending in dismissal of the charges before the case ever goes to trial. Our record of successful drug crime defense has made us a trusted legal resource for those accused of drug crimes in Oklahoma.