Even if you do not intend to sell or use a drug, just having one in your possession can result in time behind bars and fines.
If you or someone you know faces drug possession charges in Oklahoma, contact an experienced Okmulgee criminal defense attorney today.
About Drug Possession Charges in Oklahoma
Oklahoma law defines drug possession in two ways–actual and constructive.
Actual possession occurs when someone is caught in physical possession of drugs.
Constructive possession occurs when someone knowingly has the power and the intention at a given time to exercise dominion or control over it. Okla. Stat. tit. 63 § 2-402
The defendant must also have control over the area where the drugs were located.
Penalties for Drug Possession Charges in Oklahoma
Schedule I and Schedule II Drug Penalties
Anyone convicted of possessing a Schedule I or Schedule II drug is guilty of a felony crime. This is punishable by imprisonment between two and ten years, and a by a fine up to $5,000.
A second or subsequent violation of this section with respect to Schedule I or II substance, is a felony offense; this conviction is punishable by imprisonment between four and 20 years and by a fine of up to $10,000.
Marijuana, Schedule III, IV, and V Penalties
Anyone convicted of possessing a Schedule III, IV, or V drug or marijuana is guilty of a misdemeanor offense, which is punishable by up to one year in prison and up to $1,000 in fines.
If someone is on probation for a previous offense of this nature, and is convicted again of drug possession charges in Oklahoma, they will be guilty of a felony offense. This crime is punishable by a prison sentence between 2 and 10 years, as well as a $5,000 fine.
The state of Oklahoma also offers a harsher punishment for those who were not on probation when they acquired new drug possession charges in Oklahoma, but have completed a sentence for the crime within the last 10 years.
A subsequent possession conviction will result in a felony conviction, which includes a prison sentence between one and five years and a fine of up to $5,000.
Low-cost Consultation: Okmulgee Drug Crimes Defense Attorney
Drug possession charges in Oklahoma can quickly become complicated.
When you or a loved one needs to speak with an Oklahoma drug crimes defense attorney, call 918-756-9600 for a confidential consultation at Wirth Law Office – Okmulgee.
Or, you can enter your legal question or concern in the form at the top right of this page, and one of our Okmulgee criminal defense attorneys will promptly return your message.
