Methamphetamine use, addiction, and overdose rates are on the rise in Oklahoma following a crackdown on opiate use and addiction. Meth is easily available and cheap. Also, addiction quickly sets in with meth use. As a result, Oklahoma has set out particular laws regarding its manufacture. The possession of methamphetamine precursors in Oklahoma is a felony.
Many of these precursors are the same medications that we purchase at the local drug store to treat cold and flu symptoms. So, at what point are these over-the-counter medications illegal?
Methamphetamine Precursors in Oklahoma and the Law
In Oklahoma, it is illegal for a person to knowingly and unlawfully possess a drug product that contains ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their component parts with the intent to use the product as a precursor to manufacture methamphetamine or another controlled substance. Okla. Stat. tit. 63 § 2-332
If you are caught with as little as 7.2 grams of any of these substances, the law implies an intent to use the product as a precursor to methamphetamine or another controlled substance. This is a presumption that can be rebutted with evidence of another intent. Also, 7.2 grams is not a lot. For instance, 7.2 grams of salt is a little over one teaspoon.
Exemptions Under the Law
There are certain people who are exempt from the rebuttable presumption that this law provides. The following people may lawfully possess these drugs in the course of legitimate business:
- a retail distributor of drug products or wholesaler;
- a wholesale drug distributor or agent licensed by the Board of Pharmacy;
- a manufacturer of drug products or agent licensed by the Board of Pharmacy;
- a pharmacist licensed by the Board of Pharmacy; and
- a licensed healthcare professional possessing the drug products in the course of carrying out his or her profession.
Penalties for Possession of Methamphetamine Precursors in Oklahoma
This crime is a felony in Muskogee. It is punishable by at least seven years in prison, a fine of at least $50,0000, or both. Okla. Stat. tit. 63 § 2-401
Methamphetamine Offenders Registry
If you are convicted of manufacturing methamphetamine or of possessing precursors for its manufacture, you must also register as a meth offender. The purpose of the registry is to keep precursors away from people convicted of possessing them for meth manufacture. You will have to register even if your sentence is suspended or deferred. Okla. Stat. tit. 63 § 2-701
Once registered, it is illegal for you to possess any cold medication containing pseudoephedrine. If you are caught possessing such a product, you could face 2 to 10 years in prison in addition to fines.
Violations of the drug laws, especially those involving methamphetamine, carry serious penalties in Oklahoma. If you or a loved one are facing charges, it is best to get the help you need quickly. Talk to a Muskogee attorney today.
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