Oklahoma Drug Possession Attorneys

Drug Possession Charges in OK

If you've been arrested for drug possession in Oklahoma, you're facing serious criminal charges that can impact your freedom, career, and future. Understanding Oklahoma's drug possession laws and your legal options is crucial for protecting your rights and achieving the best possible outcome.

What is Drug Possession in Oklahoma?

Drug possession in Oklahoma refers to having illegal drugs or controlled dangerous substances (CDS) in your physical control or custody. Under Oklahoma law, simple possession of any controlled dangerous substance is classified as a misdemeanor, carrying up to one year in jail and a maximum fine of $1,000.

Types of Drug Possession

• Actual Possession: Having drugs physically on your person, such as in your pocket, purse, or hand.
• Constructive Possession: Oklahoma courts recognize that possession doesn't require actual physical custody. The state can prove constructive possession by showing you had knowledge of the drug's presence and the power and intent to control its disposition or use. This means you can be charged even if drugs are found in your car, home, or other property you control.

Oklahoma's Drug Schedule Classifications

Oklahoma divides controlled substances into five schedules (I through V) based on their potential for abuse, accepted medical use, and likelihood of causing physical or psychological dependence.

Schedule I: Most dangerous drugs with high abuse potential and no accepted medical use

• Heroin
• LSD
• Ecstasy (MDMA)
• Marijuana (despite medical marijuana being legal)

Schedule II: High abuse potential but some accepted medical use

• Cocaine
• Methamphetamine
• Fentanyl
• Oxycodone

Schedule III: Moderate abuse potential with accepted medical use

• Codeine combinations
• Anabolic steroids
• Ketamine

Schedule IV: Lower abuse potential with accepted medical use

• Xanax
• Valium
• Ambien

Schedule V: Lowest abuse potential with accepted medical use

• Cough medicines with small amounts of codeine
• Certain anti-diarrheal medications

Penalties for Drug Possession in Oklahoma

For simple possession of any controlled dangerous substance in Oklahoma, the penalties are the same regardless of the drug schedule or the number of prior offenses: up to one year in county jail and a fine of up to $1,000.

However, larger amounts of drugs may result in trafficking charges, which carry much more severe penalties including mandatory minimum prison sentences.

Additional Consequences of Drug Possession

Beyond jail time and fines, a drug possession conviction can result in:

• Permanent criminal record
• Loss of professional licenses
• Difficulty finding employment
• Loss of student financial aid eligibility
• Driver's license suspension
• Immigration consequences for non-citizens
• Mandatory drug treatment programs
• Probation and community service

Common Defenses to Drug Possession Charges

A skilled criminal defense attorney can examine your case for potential defenses, including:

• Illegal Search and Seizure: If police violated your Fourth Amendment rights during the search, evidence may be suppressed.
• Lack of Knowledge: You must have known the substance was present and was illegal.
• Lack of Possession: The prosecution must prove you had actual or constructive possession.
• Challenging Lab Results: Drug testing procedures and chain of custody can be challenged.
• Medical Marijuana Defense: If you're a licensed medical marijuana patient, this may provide a defense for marijuana possession.

The Importance of Legal Representation

A first offense of possession of drugs in Oklahoma carries significant consequences including potential jail time, treatment requirements, probation, community service, and substantial expense to your time, money, and reputation.

An experienced Oklahoma drug possession attorney can:

• Analyze the evidence against you
• Identify constitutional violations
• Negotiate with prosecutors for reduced charges
• Explore diversion programs
• Represent you at trial if necessary
• Protect your rights throughout the process

Diversion Programs and Alternative Sentencing

Oklahoma offers various programs that may allow first-time offenders to avoid conviction:

• Drug court programs
• Deferred sentencing
• Community service alternatives
• Treatment programs

These options can help you avoid a permanent criminal record while addressing underlying substance abuse issues.

What to Do If You're Charged

If you've been arrested for drug possession in Oklahoma:

1. Exercise your right to remain silent - Don't discuss your case with police
2. Request an attorney immediately - Don't try to handle this alone
3. Don't consent to additional searches - You have the right to refuse
4. Document everything - Keep records of your arrest and any interactions with law enforcement
5. Contact an experienced criminal defense attorney - Time is critical in building your defense

Protecting Your Future

Drug possession charges in Oklahoma are serious, but they don't have to define your future. With proper legal representation and a strong defense strategy, you may be able to avoid conviction, reduce charges, or minimize penalties.

Don't let a drug possession charge derail your life. Contact an experienced Oklahoma criminal defense attorney today to discuss your case and explore your options. The sooner you act, the better your chances of achieving a favorable outcome.

Call Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.