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CDS Tag

09 July
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New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

Posted by Clint
in Blog
New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

A slew of new Oklahoma laws ease sentences and imprisonment for drug crimes and crimes often charged alongside drug crimes. These laws, all signed by the governor on April 26, 2018, go into effect in late 2018. First, the law known as SB 649 will reduce sentences for repeat drug offenders convicted of possession. Currently, repeat offenders receive harsher sentences because of their previous drug possession offenses. The new law eliminates those sentencing enhancements. Courts now cannot impose longer sentences on defendants because of their previous convictions for possession of controlled dangerous substances. However, people convicted of other drug crimes may...

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23 March
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Drug Distribution and Trafficking: More Serious than Possession

Posted by Clint
in Blog
Drug Distribution and Trafficking: More Serious than Possession

In Oklahoma, a conviction of drug distribution, trafficking, or manufacturing is much more serious than possession of drugs because of the harsher sentences imposed. As discussed in a previous blog, possession of many common drugs carries a 5-year sentence for a first offense with a fine of $5,000. Subsequent convictions lead to longer sentences and larger fines, up to 15 years in prison and $10,000. 63 O.S. 2-402(B)(1). In contrast, distribution of Schedule I or II narcotics is a felony and carries sentences ranging from 5 years to life in prison and a $100,000 fine. These penalties also apply to anyone...

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21 March
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Which Drugs Are Illegal in Oklahoma?

Posted by Clint
in Blog
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...

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18 August
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Intent in DUI and Possession Cases

Posted by Clint
in Blog
Intent in DUI and Possession Cases

People use the word “intent” in criminal cases all the time, but many do not realize that not all crimes require a showing of intent. For example, Oklahoma DUI laws have no intent requirements. As a result, it does not matter whether you intended to drive drunk. You can still be convicted of DUI. However, possession in Oklahoma does have an intent element – you must knowingly have possession. The intent requirement is known in criminal law as the mens rea. If a crime requires no mens rea – no general and specific intent – it is called a strict liability...

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31 July
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Facing a Possession of Controlled Dangerous Substances Charge

Posted by Clint
in Blog
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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