Possession of Drug Paraphernalia in Oklahoma
Drug laws are changing nationwide. In Oklahoma, for example, simple possession of a small amount of any drug for personal use is now a misdemeanor rather than a felony with lower fines and a maximum sentence of only one year. However, simple possession is frequently accompanied by other charges like possession of drug paraphernalia.
Penalties for Possession of Drug Paraphernalia
Possession of drug paraphernalia is a misdemeanor on the first offense with a maximum fine of $1000 and a maximum sentence of one year in jail. Subsequent offenses can lead to more serious penalties including fines up to $10,000, longer sentences, and license suspension.
What Is Considered Drug Paraphernalia?
Drug paraphernalia includes any object used to manufacture, plant, grow, harvest, process, store or prepare a controlled substance to be ingested, injected, or inhaled. These objects might include:
- Growing kits
- Roach clips
- Spoons or vials
What Happens In Court?
Claiming something to be drug paraphernalia is not always cut and dry. To prove that something is drug paraphernalia, the state may cite evidence like drug residue on the object, the proximity of drugs, instructions for use, or the sale display for the object. The burden of proof falls to the state to provide enough evidence to characterize something as drug paraphernalia.
The lawyers at Hunsucker Legal Group are skilled in building a strong case against these charges. Our lawyers will closely study your case to determine the best approach to your defense. Schedule a free review of your case today.