Oklahoma used to have some of the strictest laws on the books regarding drug possession in the United States. In 2017, the laws for possession of a controlled dangerous substance changed. Here is what you need to know about drug possession laws, including the possession of methamphetamine in Muskogee.
Possession of a Controlled Dangerous Substance Defined
Oklahoma law categorizes both legal and illegal drugs by “Schedule” according to their risk of danger balanced against medical need. Controlled dangerous substances include both legal drugs such as Oxycontin and illegal drugs such as methamphetamine. Over the counter medications are not considered controlled dangerous substances.
It is unlawful for a person to knowingly possess a controlled dangerous substance (drug) unless that substance was obtained directly or by a valid prescription or order from a practitioner. If you aren’t legally in possession of it through a doctor or pharmacist, you could be subject to a conviction for possession.
How Oklahoma Drug Laws Have Changed
It used to be that simple possession of a drug was a felony. It is now a misdemeanor. Okla. Stat. tit. 63 § 2-402
It does not matter whether this is your first conviction or your 10th — all of these convictions are now treated as misdemeanor offenses.
However, other drug crimes remain felonies. So, it is helpful to understand what simple possession means and what it doesn’t. Drug trafficking, sale, and distribution are felonies and those crimes still have harsh penalties.
Know What Simple Possession Means
Simple possession means that the drugs in your possession are for your own use. There are a number of facts that will be looked at to determine whether to charge the matter as simple possession or whether to charge the matter as trafficking, sale, or distribution.
The amount of the drug that you are carrying makes a difference. A small amount is more likely to be seen as for your personal use. The more you are carrying, the more likely you will be charged with a felony count.
Paraphernalia such as rolling papers and the like tend to show personal use. But scales, multiple baggies containing drugs, and the like tend to show the intent to distribute or the intent to sell.
Penalties for Possession of Methamphetamine
Simple possession of methamphetamine is punishable by up to a year in jail and a fine of up to $1,000. In addition, the defendant will be required to pay a $100 fee to the Trauma Care Assistance Revolving Fund.
If you are being charged for simple possession of methamphetamine, you could still go to jail. An experienced Muskogee criminal defense attorney can help you protect your rights and your freedom.
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