Possession of drugs in Oklahoma is referred to “Possession of a Controlled Dangerous Substance” or “Possession CDS.” Possession of a small amount of drugs is often referred to as “simple” possession. When someone is charged with simple possession, the belief is that they possessed drugs only for personal use. The person caught with drugs didn’t have an intent to distribute nor were they trafficking. The primary statute covering possession of drugs in Oklahoma is 63 OS § 2‑402. Possession of a small amount of marijuana carries a less harsh penalty than other drugs. Section 2-402 changed on November 1, 2016, and it changed again on July 1, 2017. It is important to understand when each change to § 2-402 went into effect because the version that will be applied to determine punishment will be the version in effect on the date the offense happened. The changes are not retroactive.
What is a Controlled Dangerous Substance in Oklahoma?
A “Controlled dangerous substance” (CDS) in Oklahoma is a drug, substance, or immediate precursor in Schedules I through V of Oklahoma’s Uniform Controlled Dangerous Substances Act or any drug, substance, or immediate precursor listed either temporarily or permanently as a federally controlled substance. Any conflict between Oklahoma and federal law with regard to the particular schedule in which a substance is listed is resolved in favor of Oklahoma law. Federally controlled substance are found here.
Current as of 6/15/2019.
Current Penalty For Possession Of A CDS In Oklahoma (Starting July 1, 2017)The unlawful (simple) possession of any CDS is a misdemeanor. The maximum time in jail is one year, and the maximum fine is $1,000. There will be no difference in the maximum penalty based on how many times someone has violated that statute. So, for example, someone could get caught with possession of a small amount of meth 20 times, and that individual would be charged with a misdemeanor for each of those 20 cases. Possession in the presence of a child or near a school is no longer be taken into consideration.
Penalty for Possession of Marijuana in OklahomaThe medical marijuana law enacted by SQ 788 carved out an exception to the above law that’s specific to possession of marijuana. A person in possession of an Oklahoma medical marijuana license can legally:
- Consume marijuana;
- Possess up to three ounces of marijuana on their person;
- Possess six mature marijuana plants;
- Possess six seedling plants;
- Possess one ounce of concentrated marijuana;
- Possess 72 ounces of edible marijuana; and
- Possess up to eight ounces of marijuana in their residence.