Though drug laws in Oklahoma are not as draconian as they were in the past, punishments are still severe and can last a lifetime. Facing state or federal drug charges can be daunting and the government can be unrelenting in their pursuit for justice. Law enforcement can interpret evidence from the crime scene in a number of ways to make simple possession much more complicated and often, in the worst possible light. While Oklahoma’s focus on prison reform has resulted in dramatic changes to drug laws; especially, these changes have resulted in the availability of medical marijuana while also impacting the prosecution of simple possession and other controlled dangerous substances.
Now that new laws have been implemented, simple possession of marijuana and any other controlled dangerous substance is always a misdemeanor offense. Second and subsequent offenses of simple possession of any controlled dangerous substance are no longer enhanced to felony charges but punishment can be equally severe. Though society generally has shown more acceptance towards the use and possession of marijuana, Oklahoma remains one of the leading opponents to the marijuana culture and industry even considering the state's recent legalization of medical marijuana.
Because of these recent changes in Oklahoma criminal drug laws and medical marijuana policy, it is important to contact an experienced drug crimes attorney as soon as possible if you are facing criminal prosecution for drug offenses. Generally, an individual will be charged with possession if he or she is found to possess an amount of marijuana that' is small enough to be considered “personal use” however, there are several other drug charges that you may encounter, including: possession of a controlled dangerous substance (CDS), possession with the intent to distribute, and trafficking.
If you or a loved one has been arrested for and charged with any of the drug offenses listed, contact Diver Law Firm for a comprehensive and confidential case evaluation. Call today at (405) 896-8080 to ensure your rights and freedom are protected.
Effective Drug Crime Defense in Oklahoma
Attorney Michael Diver is an experienced and tenacious litigator determined to achieve positive results for his clients accused of drug crimes in Oklahoma. Throughout his career, he has obtained for his clients numerous dismissals and acquittals, and he has negotiated favorable sentencing options that help his clients avoid jail. He has successfully represented clients accused of all Oklahoma drug crimes:
Marijuana possession
Marijuana cultivation
Manufacture of meth or other drugs
Possession of drug paraphernalia
Possession of prescription drugs
Possession of a controlled dangerous substance (CDS)
Possession for sale or possession with intent to distribute
Drug distribution
Drug trafficking
Violation of the Meth Offender Registration Act
Each case is unique, and there is no one-size-fits-all solution for drug crime defense. However, there are certain defense strategies that are frequently successful in obtaining a dismissal or achieving a not-guilty verdict. Drug defense options may include:
Insufficient evidence
Illegal search and seizure
Police procedural mistakes
Independent chemical analysis testing
Thorough investigation of witnesses
Challenging witness credibility
If you have been charged with drug possession, distribution, manufacture, cultivation, or trafficking, you can count on Michael Diver o carefully scrutinize every detail of your case to develop and uncover the best possible strategies for your defense.
Possession of Controlled Dangerous Substance (CDS)
State and federal drug statutes have organized most controlled dangerous substances (CDS) our communities are familiar with into schedules, or categories that are based on the potential medical or therapeutic use and supposed addiction risk. Generally, there are five accepted Schedules with each carrying its own legal requirements for a conviction for possession. If you are found to be in possession of one of the Scheduled or controlled substances, you could face potential felony or misdemeanor liability depending on the amounts involved and what other evidence is found. Furthermore, an individual can be charged as having either actual possession or constructive possession, meaning the person had control and dominion over the substance, even if it wasn’t necessarily on their person. Because Oklahoma laws have recently changed regarding the prosecution for possessing some controlled substances, it is vital you contact an experienced drug possession attorney to determine the best course of action for your case.
Possession with the Intent to Distribute
For a comprehensive list of substances and their corresponding schedule, see below:
In Oklahoma, a conviction for possession with intent to distribute carries a heavy potential for prison or incarceration. Moreover, the phrase “with intent to distribute” can be very misleading: an individual does not need to actually intend to distribute the controlled substance if there is enough quantity found to infer or imply that the individual intends to distribute the substance. For example, individuals found with a CDS along with scales, bags, twisty-ties, multiple containers of a substance, or packaging supplies can face possible liability for possession with intent to distribute as well. This offense can result in a felony conviction and can carry lengthy prison sentences.
It is important to also know the distinction between which controlled dangerous substances are narcotics and which ones are not. Some common narcotics are heroin, cocaine, crack, and LSD. Marijuana, meth, PCP, and mushrooms are NOT considered narcotics. This distinction is important, because it can determine the potential charges and punishment range that one may face if charged.
Possession with intent to distribute carries various punishment ranges depending on the schedule of the drug and the criminal history of the accused. For a first time possession with intent (PWI) regarding a schedule I or II drug (except for marijuana), one can expect to face zero to seven years in prison. A second conviction will result in a sentence of zero to fourteen years. A third or subsequent conviction for PWI marijuana will result in a punishment range of zero to twenty years.
Because of recent changes in in Oklahoma marijuana laws, first-time PWI regarding marijuana or a schedule III, IV, or V drug, the punishment range is zero to five years in prison. For a second offense, the potential sentence can be anywhere from zero to ten years. For a third or subsequent conviction of possession with intent to distribute marijuana or a schedule III, IV, or V drug, the punishment range is zero to fifteen years. If you or a loved one has been arrested and/or charged with possession with the intent to distribute and potentially face life in prison, it is vital you hire a skilled drug crimes attorney to ensure your rights are protected.
Drug Trafficking
Drug trafficking involves the cultivation, manufacture, distribution, and sale of substances which are subject to the Oklahoma Uniform Controlled Dangerous Substance Act. These substances include cocaine, heroin, methamphetamine, LSD, PCP, cocaine-base or “crack,” and ecstasy. Any person who manufactures, transports, or sells controlled substances can be charged with drug trafficking by any number of different law enforcement agencies, both in state and federal courts, and should consult with a drug trafficking defense attorney immediately if you are charged with drug trafficking by any number of different law enforcement agencies.
Charges are often brought based solely on the quantity and amount of substance or narcotic that is discovered; it does not matter if an individual is transporting, selling, or distributing the narcotics and the charges carry up to a life sentence in Oklahoma. The most common types of trafficking prosecutions, and the corresponding weights are:
Marijuana (25 pounds)
Cocaine (28 grams)
Heroin (10 grams)
Lysergic acid diethylamide or LDS (1 gram)
Amphetamine or Methamphetamine (20 grams)
Phencyclidine or PCP (20 grams)
Cocaine Base or Crack (28 grams)
Methylenedioxymethamphetamine or MDMA (10 grams)
In Oklahoma, the mandatory minimum for a first-time trafficking charge was previously four (4) years in prison, with a maximum penalty of up to life incarceration. With the new laws in place, however, a first-time offense of drug trafficking now has no mandatory minimum sentence. A first of offense for trafficking in illegal drugs carries a penalty of zero to twenty years in prison, with fines in the hundreds of thousands of dollars in some instances. A second violation of the Trafficking in Illegal Drugs Act carries a mandatory minimum sentence of four years to a maximum of life. A third or subsequent trafficking conviction now carries a mandatory minimum sentence of twenty years and a maximum penalty of life in prison. Individuals charged with aggravated trafficking in illegal drugs are put in that category simply based on the amount or weight of the drug they allegedly possess.
Aggravated trafficking charges carry the same punishment ranges as simple trafficking, though can be much more severe. Aggravated trafficking is considered an 85% crime: a convict will not receive earned credits until 85% of the sentence has been served, and he or she will not become eligible for parole until 85% of the sentence has been served. This crime carries a fine as well, and anyone convicted of the crime can expect to pay up to $500,000.00. It is also important to consider the location in which an individual is caught while in the presence of a minor or in certain proximity to a school, park, or similar location can lead to more harsh punishments.
Oklahoma Methamphetamine Offenders Registry Act
One of the ways Oklahoma attempts to crack down on methamphetamine abuse and meth manufacturing is to make certain acts, which are legal for other Oklahomans, illegal for those who have been convicted of meth-related crimes.
Almost everyone is familiar with the sex offender registry. Some are aware that the state also has a violent offender registry. Many do not realize, however, that Oklahoma has a third type of criminal registry—the meth offender registry—that is publicly available through the Oklahoma Bureau of Narcotics and Dangerous Drugs website.
The purpose of the registry is to keep meth precursors—most notably pseudoephedrine—out of the hands of people who have been convicted of meth offenses, whether or not their conviction involved manufacturing.
In fact, according to 63 O.S. § 2-701, the Oklahoma Methamphetamine Offenders Registry Act, anyone convicted or subject to a deferred sentence for any of the following crimes involving methamphetamine must register as a meth offender:
Possession
Conspiracy
Manufacturing
Distribution
Trafficking
The offenses are not limited to actual methamphetamine, but also to any of the above crimes involving illegal amounts or uses of pseudoephedrine.
It is illegal for anyone subject to the meth offender registry to possess pseudoephedrine, including over-the-counter cold and sinus medications containing pseudoephedrine. A doctor’s prescription for the substance does not exempt a person from the requirements of the registry, and pharmacists and other dispensers of OTC medications are required to check the OBN database of meth offenders before selling pseudoephedrine or medications containing pseudoephedrine.
Violation of the Oklahoma Methamphetamine Offenders Registry Act is a felony for persons required to register. Possesssion of pseudoephedrine in violation of the Act is punishable by 2 to 10 years in prison and a fine of up to $5,000.
It is also a violation of the Act to attempt to help a person subject to the registry to obtain pseudoephedrine. A first offense is a misdemeanor, but a second offense is a felony punishable by 2 years in prison.
If you or a loved one has been arrested or charged in with any of the above-listed drug offenses, or any related crime, time is of the essence. You need a dedicated and experienced drug defense attorney. Contact Diver Law Firm and retain an attorney that will fight for your constitutional rights and freedom. Call today at (405) 896-8080 and schedule your free case evaluation.