Oklahoma’s New Automatic Misdemeanor for Possession of Controlled Substances

In November, Oklahoma’s voters approved changes to the state drug laws that now make possession of controlled substances a misdemeanor charge. State lawmakers moved quickly in attempts to limit the changes’ scope, but so far advocates for change in how the state handles addiction and drug sentences have won out.

The old possession statute, which remains in effect until July 1, 2017, requires that people receive felony charges for possession of controlled substances, usually meaning drugs. 63 O.S. Stat. § 2-402. The only exception is a first-time marijuana offense. Under the new statute, possession is a misdemeanor. Voters also approved reallocation of money saved from the change to improving mental health and rehab services.

Changes to the statute were approved through a voter initiative, known as a State Question. Usually, lawmakers can change state statutes without voters’ approval, but proponents of State Question 780 brought the issue to the general public to decide. Fifty-eight percent of voters approved it. In response, lawmakers began efforts to limit the scope of the new statute.

In March, they proposed HB 1482, the Keep Oklahoma Children Safe from Illegal Drugs Act of 2017. This act would have made possession of controlled substances within 1000 feet around schools or in the presence of children under 12 a felony, undermining State Question 780 substantially. The act would have also increased fine and sentencing limits for misdemeanor possession.

After HB 1482 passed the House, it went to the Senate. Surprisingly, the bill was pulled from consideration in its Senate committee in April. As a result, lawmakers probably will not consider it further this year. Instead of HB 1482, the Senate will vote on HB 2281, which expands State Question 780 to apply to some types of property crimes.

Barring any further intervention by lawmakers, the changes to the drug possession statute decided by voters in State Question 780 will go into effect on July 1, 2017. It remains to be seen whether the new mandatory misdemeanor for possession will help with early intervention for drug users as its proponents argue, or increase burdens on law enforcement, as its detractors argue.

If you, a friend or family member has been charged with DUI and possession, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.