Penalty For Possession Of Drug Paraphernalia In Oklahoma

Drug Paraphernalia arrest OklahomaIt’s illegal to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance (CDS) in violation of the law (except people holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine, or pharmacy). It’s also illegal to deliver, sell, possess, or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the law.  

Penalties for Paraphernalia Possession in Oklahoma

Possession of drug paraphernalia in Oklahoma is a misdemeanor. For a first offense, the maximum punishment in jail is one year; the maximum fine is $1,000. For a second offense, the maximum punishment in jail is one year; the maximum fine is $5,000. For a third or subsequent offense, the maximum punishment in jail is one year; the maximum fine is $10,000. It’s a felony for anyone who is 18 years old or older to deliver or sell drug paraphernalia to someone under 18 knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the law.  

What is Drug Paraphernalia in Oklahoma?

“Drug paraphernalia” consists of all equipment, products, and materials of any kind that are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled dangerous substance in violation of the law. This includes but isn’t limited to:

  1. Kits used, intended for use, or fashioned specifically 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;
  2. its used, intended for use, or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
  3. Isomerization devices used, intended for use, or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance;
  4. Testing equipment used, intended for use, or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
  5. Scales and balances used, intended for use, or fashioned specifically for use in weighing or measuring controlled dangerous substances;
  6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or fashioned specifically for use in cutting controlled dangerous substances
  7. Separation gins and sifters used, intended for use, or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
  8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or fashioned specifically for use in compounding controlled dangerous substances;
  9. Capsules, balloons, envelopes and other containers used, intended for use, or fashioned specifically for use in packaging small quantities of controlled dangerous substances;
  10. Containers and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
  11. Hypodermic syringes, needles and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
  12. Objects used, intended for use, or fashioned specifically 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
  13. All hidden or novelty pipes, and
  14. Any pipe that has a tobacco bowl or chamber of less than 1/2″ in diameter in which there is any detectable residue of any controlled dangerous substance or any other substances not legal for possession or use.

“Drug paraphernalia” doesn’t include:

  1. Separation gins intended for use in preparing tea or spice;
  2. Clamps used for constructing electrical equipment;
  3. Water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco;
  4. Traditional pipes of an American Indian tribal religious ceremony; or
  5. Antique pipes that are 30 years old or older.

 

Factors Used to Determine Whether Something is Paraphernalia

A court will look at the following factors to determine what constitutes “drug paraphernalia”:

  1. Statements by an owner or by anyone in control of the object concerning its use;
  2. The proximity of the object, in time and space, to a direct violation of the law;
  3. The proximity of the object to controlled dangerous substances;
  4. The existence of any residue of controlled dangerous substances on the object;
  5. 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 law;
  6. 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;
  7. Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
  8. The manner in which the object is displayed for sale;
  9. 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;
  10. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
  11. The existence and scope of legitimate uses for the object in the community; and
  12. Expert testimony concerning its use.

 

Sale of Glass Tubes in Oklahoma

It’s illegal for a retailer to offer for retail sale to any patron a glass tube. A “glass tube” is an object that meets all of the following requirements:

  1. A hollow glass cylinder, either open or closed at either end;
  2. Not less than two nor more than seven inches long;
  3. Not less than 1/8″ nor more than 3/4″ in diameter;
  4. May be used to facilitate, or intended or designed to facilitate, violations of the law including, but not limited to, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, and concealing controlled substances and injecting, ingesting, inhaling, or otherwise introducing controlled substances into the human body; and
  5. Sold individually, or in connection with another object such as a novelty holder, flower vase, or pen. The foregoing descriptions are intended to be illustrative and not exclusive.

A patron is someone who enters a business for the purpose of purchasing or viewing as a shopper, merchandise offered for sale at the business. A retailer is a person, corporation, or partnership primarily engaged in the sale of consumable goods and services including, but not limited to, food and gasoline, at retail to the general public. A retailer does not include any person, corporation, or partnership that sells specialized laboratory equipment for research or educational purposes. It’s a misdemeanor for a retailer, or an employee of a retailer, to willfully and knowingly violate this law. The maximum punishment in jail is one year. The maximum fine is $1,000. This law may not be construed to prohibit the sale of cigars packaged by the manufacturer in containers or tubes made of glass to facilitate the sale of the item and not for another purpose prohibited by law.  

Sources: 63 O.S. § 2-101.163 O.S. § 2-40563 O.S. § 2-101, & 63 O.S. § 2-101.2

Current as of 6/15/2019.

Charged with possession of paraphernalia in Oklahoma? Call Oklahoma drug lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420