Which Drugs Are Illegal in Oklahoma?

With State Question 788 in the Oklahoma news on a weekly basis, you may be wondering which drugs are illegal in Oklahoma. The ballot initiative would legalize marijuana for medical use only with a doctor’s recommendation. Currently, marijuana and many other drugs are illegal in Oklahoma.

Oklahoma law divides drugs into five different categories, called “schedules”, depending on characteristics shared by different drugs. The drugs are referred to as “controlled dangerous substances” (CDS) under the law. Possession, distribution, and manufacturing of CDS carry different penalties depending on the drug and the schedule to which it belongs. The categories are broken down as follows:

• Schedule I CDS have a high potential for abuse, and they have no accepted medical use in the United States or they lack accepted safety for use in treatment under medical supervision.
• Schedule II CDS have a high potential for abuse and do have an accepted medical use in the United States but with severe restrictions, but abuse of them may lead to severe psychological or physiological dependence.
• Schedule III CDS have an abuse potential less than Schedule I and II drugs and have an accepted medical use in the United States, but abuse may lead to moderate/low physiological dependence or high psychological dependence.
• Schedule IV CDS have a low abuse potential relative to Schedule III, have an accepted medical use in the United States, and abuse may lead to limited physiological dependence or psychological dependence relative to Schedule III drugs.
• Schedule V CDS have a low abuse potential relative to Schedule IV, have an accepted medical use in the United States, and abuse may lead to limited physiological dependence or psychological dependence relative to Schedule IV drugs.

63 O.S. 2-203, 2-205, 2-207, 2-209, 2-211.

Schedule II CDS, for example, include drugs such as cocaine, methamphetamine (meth), raw opium, codeine, morphine, and Ritalin. Mere possession of these drugs can carry a large criminal sentence. For example, possession of many Schedule I or II controlled dangerous substances without a valid doctor’s prescription is a felony with a sentence of 5 or more years in jail and a fine of $5,000 for a first-time offender. 63 O.S. 2-402(B)(1). Possession of marijuana and those CDS listed in Schedule II, section D carry lighter sentences.

The Oklahoma statutes specifically list which drugs fall under each Schedule, and new drugs may be added if needed. With State Question 788 pending, medical marijuana use could become a major exception to the list of illegal drugs in the state.

Need an attorney for drug charges in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience to defend Oklahomans accused of drug crimes, 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.