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prescription Tag

29 January
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When Prescription Meds Lead to a Drug Arrest

Posted by Clint
in Blog
When Prescription Meds Lead to a Drug Arrest

In Oklahoma, even legal use of a prescription medication can lead to a drug arrest. The strict laws here state that any impairment caused by prescription meds could give police grounds to arrest you if you are driving. Oklahoma law prohibits driving while intoxicated and driving while impaired by certain substances. There are two laws that explain the prohibitions. One says that driving while “under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle” is illegal. 47 O.S. § 11-902. Prescription drugs could be intoxicating substances. In...

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18 June
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Criminal Charges for Forged Prescriptions in Oklahoma

Posted by Clint
in Blog
Criminal Charges for Forged Prescriptions in Oklahoma

The state of Oklahoma takes forged prescriptions very seriously – trying to get drugs using a fake prescription is a felony. Law enforcement seem to charge more and more people each year with prescription fraud. To prove prescription fraud, the prosecutor must show that you obtained a controlled dangerous substance when you: Forged a prescription, Altered the prescription to change the quantity or the drug prescribed, or Gave a forged or altered prescription to a pharmacist for filling. 47 O.S. § 2-407(A). Attempts to commit prescription fraud are illegal too, even if they are not successful. Oklahoma also penalizes people who possess...

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09 April
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Overview of Federal Drug Crimes

Posted by Clint
in Blog
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...

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19 March
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The Oklahoma Anti-Drug Diversion Act

Posted by Clint
in Blog
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...

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23 August
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Can I Be Convicted of DUI After Taking a Legally Prescribed Drug?

Posted by Clint
in Blog
Can I Be Convicted of DUI After Taking a Legally Prescribed Drug?

In Oklahoma, the fact that a drug is legally prescribed is not a defense to a charge of driving under the influence. Just because your doctor prescribed you a medication does not mean that you cannot be considered legally intoxicated while using it. However, determining whether you were incapable of safely operating a motor vehicle is more difficult than when only alcohol is involved. The DUI laws in Oklahoma include prohibitions against driving while “under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle”. 47 O.S. §...

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31 July
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Facing a Possession of Controlled Dangerous Substances Charge

Posted by Clint
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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. §...

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10 July
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The “Intoxicating Substance” in Oklahoma

Posted by rainmakeradmin
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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...

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