Even though it may not seem like a big deal, getting caught in possession of marijuana in Oklahoma can actually land you in some pretty serious legal trouble.
Marijuana is classified as a Schedule I drug in Oklahoma, which means that Muskogee courts don’t take its use or possession lightly.
If you or someone you know has been charged with possession of marijuana in Oklahoma, contact an experienced Muskogee drug defense attorney today.
About Drug Possession in Oklahoma
Oklahoma generally punishes the possession of any controlled dangerous substance, whether you possessed it for personal use or to sell.
Oklahoma law recognizes two types of drug possession–actual and constructive.
Actual possession is as it sounds. Typically, officers found the drugs on the defendant, such as in his pocket or in his hand.
Constructive possession, on the hand is much more complicated. Constructive possession occurs when officers discover the drugs around the defendant.
This is a much more difficult case to prove for the prosecutor, as he must prove that the defendant:
1) had knowledge of the drug’s presence, and
2) had control over the area where the drugs were found.
In order for a prosecutor to secure a criminal conviction against a defendant, both of these factors must be proven beyond a reasonable doubt.
Both actual and constructive possession are illegal and carry the same penalties.
Possession may also be joint or shared between multiple people.
Possession of Marijuana in Oklahoma
Under Oklahoma law, it is illegal to possess marijuana, unless it was obtained by prescription.
Although marijuana is officially classified as a Schedule I drug, possession of marijuana in Oklahoma is handled in the same manner as Schedule II, III, and IV drugs. It therefore carries a lower punishment than other Schedule I drugs.
If found guilty, a defendant in a marijuana possession case will be convicted of a misdemeanor crime and face up to one year in jail and a $1,000 fine.
A subsequent marijuana possession conviction can result in a felony conviction and a prison sentence of up to 10 years.
{Okla. Stat. Tit. 63 Sec. 2-402(A)(1), (B)(2),(3)}
Low-cost Consultation: Muskogee Drug Defense Lawyer
A conviction of possession of marijuana in Oklahoma can carry lengthy prison sentences and fines.
If you or someone you know is faced with this charge, contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights.
Call the Wirth Law Office-Muskogee today at 918-913-0725, or toll-free at 1-888-447-7262 [Wirth Law].
