What Is The Difference Between A Felony And A Misdemeanor Drug Crime In Oklahoma?

Oklahoma has some of the harshest laws against drugs in the nation. For simple possession Oklahoma currently breaks down whether the possession of a drug is a felony by the type of drug. It uses the same scheduling system as the federal government: Schedule I, II, III, or IV. This distinction between schedules goes away on July 1, 2017.

The primary statute covering possession of drugs in Oklahoma is 63 OS Section 2-402. Oklahoma uses the term “controlled dangerous substance” for drug charges.

Penalties For Possession Of A Controlled Dangerous Substance In Oklahoma (prior to July 1, 2017)

Misdemeanor-Drug-CrimePossession of any Schedule I or II substance, except marijuana is a felony, and you can spend up to five years in the Department of Corrections and pay a $5,000 fine. A second violation of that law can get you up to 10 years in the Department of Corrections and a $10,000 fine. A subsequent violation of that section involving Schedule I or II drugs, except marijuana carries a punishment ranging from four to 15 years in the Department of Corrections and a $10,000 fine.

Possession of any Schedule III, IV, or V substance, including marijuana, is a misdemeanor for the first offense. You can spend up to one year in county jail and be fined up to $1,000.

Possession of a Schedule III, IV, or V substance, including marijuana, during the period of any court-imposed probationary term or within ten years of the date following the completion or execution of any sentence or deferred judgment and it is a second or a subsequent violation is a felony. You can spend between one to five years in the Department of Corrections and pay a fine of up to $5,000.

Possession of any controlled dangerous substance within 1,000 feet of a school or in the presence of a child under 12 is a felony. For a first offense, the imprisonment will be a term that is not more than twice the amount authorized by the appropriate and respective part of the statute. Also, you must serve a minimum of 50% of that sentence before you become eligible for good time credit. If you have a second or subsequent offense of possessing drugs within 1,000 feet of a school or in the presence of a child aged 12 or younger, then you must serve a minimum of 90% of your sentence before being eligible to earn good time credits. The fine can be up to $10,000.

Penalties For Possession Of A Controlled Dangerous Substance In Oklahoma (starting July 1, 2017)

The laws covering possession of a controlled dangerous substance (drugs) in Oklahoma radically change on July 1, 2017. Starting on that date, the unlawful (simple) possession of any controlled dangerous substance will be a misdemeanor. The maximum time in jail will be one year, and the maximum fine will be $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 will no longer be taken into consideration.

Alternative Programs Available To First-Time Drug Offenders In Oklahoma

Most counties in Oklahoma have a drug court program. However, there are some very stringent requirements for that program. For instance, the person cannot have been convicted of any violent crimes in their past; and if they have any pending charges that are considered violent, then it is unlikely they will get into drug court.

The purpose of drug court is to treat people who have drug addiction problems. If you’re charged with possession with intent to distribute or trafficking, then you’ll likely not be eligible because the court wants to treat drug users—not drug sellers. The state doesn’t want to put drug sellers alongside drug addicts because, for obvious reasons, that wouldn’t be a good mix of people when the goal is to rehabilitate those who are addicted to drugs.

Source:

63 OS § 2-402 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=479470

For more information on Drug Offenses 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.