It is a crime to possess drug paraphernalia in Oklahoma. The law prohibiting drug paraphernalia in Oklahoma is 63 OS § 2-405. The factors used to determine what constitutes paraphernalia are listed in 63 OS § 2-101.1. Possession of paraphernalia is a misdemeanor. It is a felony for someone 18 or older to deliver or sell paraphernalia to somebody under 18.
A court will look at the following factors to determine what constitutes “drug paraphernalia”:
- 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.;
- 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.
The innocence of an owner, or of anyone in control of the object, as to a direct violation of this law shall not prevent a finding that the object is intended for use, or fashioned specifically for use, as drug paraphernalia.
For more information on Possession of Paraphernalia in Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.