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State Question 780 Tag

New Drug Possession Law Prompts Release of Oklahomans from Prison

New Drug Possession Law Prompts Release of Oklahomans from Prison

Oklahoma’s recent criminal sentencing reforms have prompted the release of twenty-one inmates from prison. The governor commuted their sentences, allowing them to leave prison and move on with their lives. What Is Sentence Commutation? The Oklahoma governor has the ability to commute prison sentences, meaning lessen the severity of the sentences. For example, a death sentence could be commuted to life in prison. In this case, the governor ended the sentences without the need for the inmates to serve any more time. The inmates whose sentences were commuted had their cases reviewed in a two-step process conducted by the Oklahoma Pardon and...

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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...

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Oklahoma’s New Automatic Misdemeanor for Possession of Controlled Substances

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...

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