With its notoriously tough drug laws, Oklahoma can be a tough place to be arrested for drug possession. An AlterNet.org article even proclaims Oklahoma as one of the "5 Worst States to Get Busted for Pot." Possession of marijuana, which is legal in some states, can lead to lengthy prison sentences for repeat offenders in Oklahoma. If you have been arrested for possession of marijuana, prescription drugs, or a controlled dangerous substance (CDS), you may wonder what your specific charge may hold in store for you if you are convicted.
Simple drug possession is the most common drug charge in the state. In Oklahoma, drug possession for personal use may be prosecuted as either a misdemeanor or felony depending on the type of drug found in one's possession and whether or not you have previously been convicted of possession. Possession of marijuana and illegal possession certain prescription drugs is charged as a misdemeanor on the first offense and as a felony on second and subsequent offenses. Drug possession is charged as a felony on the first offense if the drug involved is a Schedule I or II controlled dangerous substance (CDS) such as heroin, cocaine, LSD, crack, or meth (although marijuana is a Schedule I drug, it is treated as a lesser drug in possession charges).
The penalties for a misdemeanor drug conviction include up to one year in jail and/or a fine of up to $1,000. A person convicted of a misdemeanor drug crime may be eligible for a deferred sentence, which keeps him or her out of jail pending successful completion of probation and allows him or her to be eligible for record expungement.
The penalties for a felony possession charge are much more severe. A second offense of possession of marijuana or a Schedule III, IV, or V substance is punishable by 2 to 10 years in prison and a fine of up to $5,000. Possession of a Schedule I or II drug is also punishable by 2 to 10 years in prison and a $5,000 fine on the first offense, but a second offense is punishable by double the sentence--4 to 20 years in prison and a fine of up to $10,000.
If you are determined to be in possession of a CDS with the intent to distribute, or if you possess a sufficient quantity to trigger the state's trafficking statute, you face the possibility of life in prison.
Marijuana possession is a common offense that in some states is perfectly legal and in other states is a minor infraction punishable by a $100 fine--lower than many traffic tickets. In Oklahoma, however, simple drug possession can put you behind bars for up to a year for a first offense of marijuana to 20 years for a second offense of meth possession.
With such harsh penalties allowed under Oklahoma drug laws, it is imperative that anyone accused of a drug crime in the state quickly obtain experienced defense counsel. When you need a drug lawyer in Oklahoma, contact attorney Ryan Coventon for help. Call today to schedule a confidential evaluation of your case.
