A drug related charge might carry serious consequences lasting well beyond the sentence and conviction. It may negatively impact your future ability to get a job for instance. Any drug charge should not be taken lightly, including those filed under drug paraphernalia laws in Oklahoma.
Possession of drug paraphernalia in Okmulgee, Oklahoma, is a crime, even if drugs are not present. A consultation with an experienced Oklahoma criminal defense attorney will help you protect your rights and prepare the best defense possible.
FAQ: Drug Paraphernalia Laws in Oklahoma
“Possession” is defined as the actual physical custody, or knowledge of the substance’s presence, as well as power and intent to control its use or disposition. OUJI-CR 6-16
A prosecutor will also have to prove that the defendant intended that the object be used with an illegal drug in order to pursue a case against someone for possession of drug paraphernalia. OUJI-CR 6-7
Delivering or manufacturing objects for use with illegal drugs is also considered a violation of drug paraphernalia laws in Oklahoma.
Items used to lawfully take a prescribed drug in its intended manner are not illegal under drug paraphernalia laws in Oklahoma. However, other common items such as pipes may be illegal.
In determining whether an object is “drug paraphernalia,” a court or jury shall consider, in addition to all other logically relevant factors, the following:
- Statements by an owner or by anyone in control of the object concerning its use;
- The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act;
- The proximity of the object to controlled dangerous substances;
- The existence of any residue of controlled dangerous substances on the object;
- Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person who intends to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or fashioned specifically for use, as drug paraphernalia;
- Instructions, oral or written, provided with the object, which either state directly or imply that the object is to be used for the consumption of controlled substances;
- Descriptive materials accompanying the object, which explain or depict its use as an object for the consumption of controlled substances;
- The manner in which the object is displayed for sale;
- Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
- Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
- The existence and scope of legitimate uses for the object in the community; and
- Expert testimony concerning its use.
Defining Drug Paraphernalia
The Uniform Controlled Dangerous Substances Act defines “drug paraphernalia” in the Oklahoma Public Health and Safety code as:
“Any kind of equipment, products, or materials that are used/(intended for use) in planting/propagating/cultivating/growing/harvesting/ manufacturing/compounding/converting/producing/ processing/preparing/testing/analyzing/packaging/repackaging/storing/containing/concealing/injecting/ ingesting/inhaling/(introducing into the body) a controlled dangerous substance”
It includes, but is not limited to:
- kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
- kits used or intended for use in manufacturing, compounding, converting, producing, processing. or preparing controlled dangerous substances,
- isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance,
- testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of controlled dangerous substances,
- scales and balances used or intended for use in weighing or measuring controlled dangerous substances,
- diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used or intended for use in cutting controlled dangerous substances,
- separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana,
- blenders, bowls, containers, spoons, and mixing devices used or intended for use in compounding controlled dangerous substances,
- capsules, balloons, envelopes, and other containers used or intended for use in packaging small quantities of controlled dangerous substances,
- containers and other objects used or intended for use in injecting controlled dangerous substances into the human body,
- hypodermic syringes, needles, and other objects used or intended for use in injecting controlled dangerous substances into the human body, and
- objects used or intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers.
The term “drug paraphernalia” shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation, or pipes designed for smoking tobacco. Okla. Stat. tit. 63 § 2-201
Penalty for Possession of Drug Paraphernalia
For a first offense, possession of drug paraphernalia is a misdemeanor crime punishable by up to a year in jail, a fine of up to $1,000, or both.
A subsequent conviction of paraphernalia possession can carry up to $10,000 in fines and up to one year of imprisonment. Okla. Stat. tit. 63 § 2-405
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is being accused of violating drug paraphernalia laws in Oklahoma, please contact an Okmulgee criminal defense lawyer to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – Okmulgee today, by calling 918-756-9600 or toll free at 1-888-Wirth-Law (1-888-947-8452).
If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
