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Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

In Oklahoma, many people arrested for drug charges can seek help in drug court rather than going through the traditional legal process. Surprisingly, you cannot go to drug court if you have only a misdemeanor charge – you must have been charged with a felony.

Back in 2016, Oklahomans approved State Question 780, which reclassified drug possession and some property crimes as misdemeanors rather than felonies. For example, possession of opiates is now a misdemeanor. Other drug crimes, such as distribution or trafficking, remain felonies under the law.

Unfortunately, Oklahoma’s drug courts do not allow misdemeanor offenders to attend. These courts claim to provide a structured way for people charged with drug crimes and DUI to get treatment and learn about drug and alcohol use. With the passage of State Question 780, drug courts are not the same. Some Oklahomans think that they used to be a good alternative for people charged with possession of small amounts of drugs. Now, only felony offenders can go to drug court, and some say that these offenders may only choose this option to avoid doing jail time, not to get treatment.

However, drug courts used to be very crowded. The new law may free up space so that more people can choose to attend. In addition, many people charged with simple possession also face felony charges for non-drug felonies such as DUI or larceny. They are eligible for drug court even though the drug charge is a misdemeanor. These facts emphasize that drug court still may be a good option for many Oklahoma defendants.

People charged with only misdemeanors cannot choose drug court because there is no funding for them. While a law passed in 2008 permitted drug courts to take people with misdemeanors, the Oklahoma Department of Mental Health and Substance Abuse Services does not have funding to accept these people. Ironically, drug court is much less expensive and shorter than the one-year stint in jail that misdemeanor offenders could receive.

At least one county’s officials have started discussing ways to fund and implement nine-month drug court for those with misdemeanors. The obstacles they face include funding, staffing, and administration logistics.

Need an attorney for drug charges in Oklahoma? Seek out the attorney who is in court nearly every day and teaches other attorneys and law enforcement about sobriety testing techniques. 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.