Facebook

Twitter

LinkedIn

 

controlled substance Tag

Overview of Federal Drug Crimes

Overview of Federal Drug Crimes

Similar to Oklahoma law, federal law prohibits the possession, sale, distribution, manufacture, and trafficking of drugs. When someone accused of a drug crime is charged under federal rather than state law, usually the alleged crime was committed on federal land (such as airports) or it took place in multiple states. Federal drug laws differ from Oklahoma drug laws because of the different penalties, different classifications of drugs, and sometimes, different elements of the crime. Congress passed the Comprehensive Drug Abuse Prevention and Control Act, the main federal law prohibiting drug crimes, in 1970. It is also known as the Controlled Substances...

Continue reading

What Is Conditional Release in Oklahoma?

What Is Conditional Release in Oklahoma?

Conditional release, also called conditional discharge, gives those charged with a crime the opportunity to avoid jail time and criminal records while obeying court-ordered restrictions and requirements. It is one of the diversion programs Oklahoma uses to lower costs, relieve overcrowded jails, and give small-time offenders a second chance. Oklahoma offers a diversion program of conditional discharge for people charged drug possession as their first drug-related offense. If the court so chooses, or as part of a bargain with the prosecutor, the person accused will not be found guilty of possession. Instead, the court will defer any further sentencing and obtain...

Continue reading

The Oklahoma Anti-Drug Diversion Act

The Oklahoma Anti-Drug Diversion Act

Drug usage in Oklahoma is growing by the day, so law enforcement efforts to crack down on drug use have increased. A law called the Oklahoma Anti-Drug Diversion Act helps police monitor abuse of legal drugs by creating the Prescription Monitoring Program. With a drug use rate well over the national average and many Oklahomans reporting non-medical use of pain relievers, the Act and its amendments create one more opportunity for police to make drug-related arrests. The Anti-Drug Diversion Act seeks to deter abuse of prescription drugs, either drugs that are legally prescribed or legal drugs that are used without a...

Continue reading

The “Intoxicating Substance” in Oklahoma

The “Intoxicating Substance” in Oklahoma

Oklahoma’s laws against drunk driving also prohibit driving under the influence of any intoxicating or controlled substance. In this article, learn what these substances are and why driving while using them is akin to driving while using alcohol. Oklahomans using any amount of a Schedule I controlled substance while operating a motor vehicle can be charged with a crime. 47 O.S. § 11-902(A)(3). Some examples of controlled substances are: opiates, LSD, marijuana, amphetamines, heroin, codeine, and more. 63 O.S. § 2-204. Notably, Oklahoma just amended its definition of marijuana to exclude federally approved cannabidiol (CBD) drugs or substances. Oklahoma H.B. 1559...

Continue reading