Drug Possession: Hire a Criminal Defense Attorney You Can Trust
Drug Possession Law
When Is Drug Possession a Felony in Oklahoma?
Oklahoma is known for having some of the toughest drug laws in the country. In addition to having stiff penalties for the cultivation, distribution and trafficking of illicit substances, you can also face severe consequences simply for possessing illegal drugs. In fact, in some cases, you can be charged with a felony for drug possession—even if it is your first offense.
Prior History and Drug Schedules
Whether you are charged with misdemeanor or felony drug possession will depend largely on two main factors: your prior criminal history and the schedule or type of drug that was in your possession.
First-offense possession of marijuana or a Schedule III, IV or V drug (also called simple possession) will be charged as a misdemeanor
A second or subsequent (within 10 years) simple possession and all first-offense possession of Schedule I and II drugs will be charged as a felony
Penalties for Felony Drug Possession
The penalties associated with felony drug possession depend on the circumstances of your particular case.
Potential penalties include:
- Between two and 10 years in prison
Up to $5,000 fine
If you are caught with drugs within 1,000 feet of a school or public park or if it is your second offense within 10 years, the potential penalties double.
Possession With Intent to Distribute
If you are found with a quantity of the drug that police believe is too much for personal use, the charge may be elevated to possession with intent to distribute, which is always considered a felony—even for a first offense.
If you are found guilty of possession with intent to distribute, you could face:
- Minimum prison sentence of two years
- Max sentence of life imprisonment
- Mandatory minimum of five years if the drug was Schedule I or II
Contact an Oklahoma City personal injury attorney at The Lowe Law Firm to discuss your case and learn how we can help you.
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