Simple Drug Possession
In Oklahoma, it is illegal to possess any controlled dangerous substance unless it has been prescribed to you by a doctor. This includes pharmaceutical drugs like Oxycontin, codeine and Xanax as well as “street” drugs such as:
If you are caught with a controlled substance, you can be charged with misdemeanor drug possession, which is also called simple possession.
What Constitutes Simple Possession?
Under our Oklahoma’s drug laws, misdemeanor drug possession or simple drug possession means that you were found with an illegal substance that was only intended for personal use. So how do police determine whether you intended to do anything with the drug other than use it yourself? There are a few factors to consider.
First, the police will take into account how much of the drug is in your possession. For example, if you are found with more than an ounce of weed, you will likely be facing a possession with intent to distribute charge, even if no other paraphernalia is found.
On the other hand, if you are found with less than an ounce in total weight but the marijuana is divided into several smaller bags, you could be charged with possession with intent to distribute. In this scenario, police will likely claim that the weed was pre-bagged for selling.
Simple possession may also be elevated to possession with intent to distribute if other drug paraphernalia is present, such as:
- Plastic baggies or other packaging materials
- Large sums of cash
Penalties for Simple Possession
The penalty for misdemeanor or simple drug possession in Oklahoma is a maximum of one year in jail and a fine of no more than $1,000. Under a change in our law that took effect July 1, 2017, simple drug possession is always considered a misdemeanor offense. This means that it does not matter how many times you are arrested and charged with simple possession—the penalty will always remain the same.
It’s important to understand, though, that this only applies to simple possession charges. Elevated drug charges—including possession with intent to distribute, drug trafficking and drug manufacturing—are still considered felonies and carry much stiffer consequences.
To learn more about drug possession charges and how we can help you with your case, schedule a free consultation with our Oklahoma drug lawyers by calling our office at 405-231-5600.