Knowing Possession of Drug Proceeds: Illegal in Oklahoma

In Oklahoma, possessing or receiving money that you know came from drug sales is a crime. Police can seize any property that you purchased using drug money through a process called forfeiture.

Oklahoma law states that it is illegal to receive or acquire “drug proceeds”. Law enforcement can charge you with a felony for this crime. To prove that someone illegally received or acquired drug proceeds, the prosecution must show that the defendant knowingly or intentionally received or acquired drug proceeds, knew that the proceeds were gained from illegal activity, and knowingly or intentionally concealed the proceeds or engaged in transactions using the proceeds. 63 O.S. § 2-503.1.

Drug proceeds include any money or property that was exchanged for drugs, as well as any property purchased with money received from a drug sale. This can include anything from houses and cars to drug paraphernalia and products made with controlled dangerous substances. As a result, police and prosecutors can argue that almost anything is drug proceeds. The more difficult burden is proving that the person charged with receiving or acquiring the items knew that they were drug proceeds.

For example, if someone gives you money he received from selling drugs, you know that is how he got the money, and then you spend the money, you have violated this law. If you receive some money yourself from selling drugs and use that money to purchase anything, or if you hide the money, you have violated the law.

Only one exception to this strict law applies: a transaction between a defendant and his attorney “necessary to preserve the right to representation of the individual” is not punishable under 63 O.S. § 2-503.1. In other words, the law cannot be used to violate a criminal defendant’s civil rights, including his right to legal counsel. Police can, however, seize any proceeds involved as described below.

After police charge people with knowing possession of drug proceeds, they can use Oklahoma’s strict forfeiture laws to seize all kinds of property from them. Specifically, the police may require you to forfeit: “[a]ll things of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance …, all proceeds traceable to such an exchange, and all monies, negotiable instruments, and securities used, or intended to be used, to facilitate any [drug] violation”. 63 O.S. § 2-503. This can result in people who never sold or used drugs having their houses and cars seized.

Need an attorney for drug charges in Oklahoma? Seek out the attorney who is in court nearly every day and knows Oklahoma law on drug possession, forfeiture of drug proceeds, trafficking, distribution, and more. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience to defend the accused, 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.