Drug possession charges in Oklahoma are serious criminal offenses that can carry lasting consequences. Whether you’re facing charges for a small amount of marijuana or a controlled substance like methamphetamine or fentanyl, it’s important to understand what you’re being charged with, what the law says, and how these charges can affect your future.
How Oklahoma Classifies Drug Possession
Under Oklahoma law, drug possession is typically either simple possession or possession with intent to distribute. The severity of the charge depends on the type of drug, the amount, and whether you have prior convictions.
Simple Possession is having a controlled substance for personal use, and is often a misdemeanor for first-time offenders. However, Possession With Intent to Distribute is a felony and involves larger amounts or other factors like baggies, scales, or large amounts of cash.
Controlled substances are categorized into five “schedules” under both state and federal law, with Schedule I being the most serious (e.g., heroin, LSD) and Schedule V being the least (e.g., some cough medications).
Penalties for Drug Possession in Oklahoma
Oklahoma reformed many of its drug laws in 2017, reclassifying simple possession as a misdemeanor, even for substances such as meth, cocaine, and opioids. However, repeat offenses or aggravating circumstances can still lead to felony charges.
Typical penalties for simple possession may include:
- Up to 1 year in county jail
- Fines up to $1,000
- Probation or court-ordered treatment
- Drug education or community service
Felony possession with intent to distribute carries much steeper penalties:
- 2 years to life in prison
- Substantial fines
- Loss of certain civil rights (voting, firearm ownership)
- A permanent felony record
Aggravating Factors That Increase Penalties
Certain factors can make a drug possession charge more severe:
- Possession near a school or park
- Having prior felony convictions
- Possessing large quantities or drug paraphernalia
- Being caught with a firearm while possessing drugs
These circumstances may lead to enhanced sentencing or even federal charges in some cases.
Can You Get Charges Dismissed or Reduced?
Depending on the facts of your case, it’s possible to avoid jail time or even have the charge dismissed. Your attorney may argue:
- You didn’t know the substance was in your possession
- The search or arrest was unlawful
- The substance wasn’t illegal
- You qualify for a diversion program
Oklahoma has drug courts and other alternatives to incarceration that may be available for first-time or nonviolent offenders.
Tulsa Drug Possession Defense Attorneys
We understand how stressful and damaging drug possession charges can be. Whether you’re facing a misdemeanor or felony, we will work aggressively to protect your record, your freedom, and your future. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.