Tulsa Drug Possession Lawyers will tell you the two basic categories of drug possession crimes, felonies and misdemeanors, felonies are the most serious carrying with them prison sentences in excess of one year. Of all the Oklahoma felonies in the news, simple drug possession is the one we often hear about and the penalties are the most controversial. Although not a violent crime, simple drug possession in Oklahoma is a serious crime and is classified as a felony, and the punishments for second and subsequent offenses are equal to or exceed that of violent crimes like armed robbery and rape.
Penalties For Possession of Marijuana in Oklahoma:
With regard to selling and distributing marijuana, the penalties can be enormous. The severity of the punishment depends primarily on the amount of the drug in your possession and on whether or not the incident is a first time offense. The sale or distribution of marijuana, whether it be under 25 lbs. or over 1000 lbs., carries with it the potential for life in prison and up to $500,000 in fines. If your are caught selling marijuana within 2000 feet of a school, a public park, or public housing, there is a double period of incarceration and double the fine, and a mandatory minimum sentence. The same applies to sales to minors.
Examples of mandatory minimum drug sentencing in Oklahoma start with a 2 year mandatory sentence if you are convicted with possessing a drug other than marijuana. Possessing small amounts of marijuana has a 2 year mandatory sentence for second time offenses. Non-marijuana drug distribution carries with it a 5 year mandatory sentence.
Other Drug Possession Charges in Oklahoma:
A first drug possession offense, depending on the drug involved, i.e., possession of a controlled dangerous substance without a prescription, is a misdemeanor for which you can receive up to a year in jail. A second and subsequent offenses however are considered felonies and the punishment is two to ten years in state prison. 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 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
Our Tulsa drug possession lawyers will tell you that non-violent drug offenders make up over one half of all the prison population in Oklahoma. All in all, Oklahoma’s draconian policy of incarceration has shown to have had little if any effect on reducing drug usage and overall crime. It is widely accepted that drug treatment programs and community service offer a better alliterative to long-term incarceration for non-violent drug offenders.
If you’ve been charged with a drug crime contact our lawyers today. Out criminal drug attorneys have represented clients for all types of drug crimes. Whether its a first time misdemeanor marijuana charge or any other felony drug charge we can help. Call today for a free consultation