The state of Oklahoma is known for being tough on drug crime.  In some cases even marijuana possession can land an individual in prison.  The first thing to do if you've been charged with any marijuana crime in OKC is to contact a defense team that will aggressively protect your rights.  At Phillips & Associates we have successfully defended dozens of drug-related charges for our clients.

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Phillips & Associates has built a reputation as the top criminal drug crime attorneys in Oklahoma. By aggressively challenging evidence and through assertive defense strategies, we have been able to secure favorable outcomes for our clients in state and federal courts on drug crime charges.

Marijuana Related Charges

There are a variety of charges depending upon the circumstances of the crime.  Here is a quick breakdown:

Possession

The possession of any amount of marijuana is a misdemeanor.  It carries a punishment of up to one year imprisonment and a $1,000 (maximum) fine.  Conditional release is possible for a first offense.  Subsequent offenses are subject to the same fines and terms of imprisonment.

Sale or Distribution

The sale or distribution of less than 25 pounds is a felony.  It is punishable by imprisonment from 2 years to life.  It is subject to a fine of up to $20,000.

If the charges are for an amount between 25 and 1,000 pounds, penalties include a fine of between $25,000 and $100,000.  This is in addition to a jail term of 4 years to life.

Selling  more than 1,000 pounds carries a maximum fine of $500,000.  It is also carries a prison term between four years and life.

Selling to minors is a felony.  It is punishable by doubling the penalty for both the period of incarceration, as well as the fine to be paid.

The sale of marijuana within 2,000 feet of schools, public parks, or public housing is a felony.  It is punishable by a double penalty for both the period of incarceration as well as the fine to be paid. A conviction carries with it a mandatory minimum sentence of 50% of the imposed sentence.

Cultivation of Marijuana

The cultivation of up to 1,000 plants is a felony.  It is punishable by a $25,000 fine and between 20 years and life imprisonment. Cultivation of more than 1,000 plants is punishable of a fine up to $50,000 and between 20 years and life imprisonment.

Cultivation of marijuana by the owner of land is a felony punishable by a term of imprisonment between 2 years and life and a fine up to $50,000.

Hash, Oils, and Concentrates

Hashish or concentrates fall under Oklahoma's definition of marijuana and are Schedule I drugs.

Converting or attempting to convert marijuana into hashish or concentrates is a felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 and up to remainder of the offender's life. Subsequent convictions are punishable by a fine no greater than $100,000 and a term of imprisonment greater than 4 years and up to the remainder of the offender's life.

Distributing, dispensing, transporting with intent to distribute, possessing with intent to manufacture, distribute, or dispense, hashish or concentrates is a felony punishable by a fine no greater than $20,000 and a term of imprisonment no less than 2 years and up to the remainder of the offender's life.

Possessing hashish or concentrates is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second or subsequent conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no less than 2 years and no greater than 10 years. If the offense occurred within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age, the offense becomes a felony punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 2 years. A second or subsequent conviction for possession of hashish or concentrates within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age is punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 4 years and no greater than 20 years.

Any equipment or device used to create hashish or concentrates is considered paraphernalia. Possessing, transporting, using, or manufacturing any such equipment or device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 1 year. A third conviction is punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 1 year.

Paraphernalia

A conviction for possession of paraphernalia is a misdemeanor that is punishable by up to one-year imprisonment as well as a $1,000 fine.

A second paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment as well as a $5,000 fine.

A third paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment and a $10,000 fine.

Marijuana Possession Legal Defense

There is no one-size-fits-all solution to drug crime defense; each case is unique and the specific details and nature of the alleged offense must be carefully scrutinized to uncover the best possible strategies for defense.

However, there are certain common defense options that, when used appropriately, can provide a successful outcome for the defendant:

• Insufficient evidence
• Unreasonable search and seizure
• Illegally obtained evidence
• Police mistakes
• Alternatives to jail, including drug treatment programs and rehabilitation
• Reduced or amended charges
• Independent verification of drug tests

Our firm’s drug defense attorneys will offer wise legal counsel in helping you determine the best course of action for your case, whether that means negotiating a plea bargain and alternatives to keep you out of jail or aggressively defending your innocence at trial. Call (405) 418-8888 to schedule your free consultation with a highly-qualified and reputable Oklahoma drug defense lawyer.

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