Facing a Possession of Controlled Dangerous Substances Charge
If you have been charged with possession of controlled dangerous substances, you and your loved ones probably have many questions about the charges. Oklahoma’s strict drug possession laws carry hefty sentences and fines, so it is important to understand the nature of the charges against you, possible defenses, and the consequences if you are convicted.
Controlled dangerous substances are defined in 63 O.S. § 2-204 through 2-212 and include a wide range of drugs and other substances such as heroin, cocaine, marijuana, LSD, and more. In Oklahoma, knowing or intentional possession of controlled dangerous substances (CDS) is illegal. 63 O.S. § 2-402. Possession of CDS can be distinguished from possession with intent to distribute, manufacture, or dispense because mere possession does not require that you intend to do anything with the CDS. To be charged and convicted, you need only have the CDS in your possession.
Having CDS in your possession can mean either actual or constructive possession. Actual possession means it is on your person, such as in your pocket or hand. This type of possession is considered “knowing” in the wording of the statute because you have direct physical control over the CDS. Constructive possession means that you knowingly had the power and intention at a given time to exercise control over the CDS. For example, if the CDS is in your car’s glove compartment or your medicine cabinet, you could be considered to have constructive possession of it. OUJI-CR 6-11.
The prosecutors will have to prove that you possessed the CDS either knowingly or intentionally, so just because you happen to be near CDS does not mean a charge will stick. You may be able to strengthen your defense by showing that you did not know the CDS was nearby and someone else placed it there. Further, if you have a prescription for the CDS from a licensed physician, you can raise this as a defense. 63 O.S. § 2-402.
Penalties for conviction of CDS possession vary depending on what kind of controlled dangerous substance you had in your possession and whether it is your first offense. For example, possession of Schedule I or II substances, except marijuana and a few other exceptions, is a felony and carries a two to ten year prison sentence and a $5,000 fine for the first offense. Possession of Schedule III, IV, or V substances and marijuana is a misdemeanor and carries a sentence of one year and a $1,000 fine for the first offense. Repeated possession charges result in longer sentences and heftier fines. 63 O.S. § 2-402.
Charged with possession of controlled dangerous substances during a DUI traffic stop? Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.