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controlled dangerous substance Tag

Are Head Shops Illegal in Oklahoma?

Are Head Shops Illegal in Oklahoma?

Head shops are stores that sell rolling papers, smoking accessories, and what police might call “drug paraphernalia”, along with tobacco and other legal products. Law enforcement in Oklahoma have cracked down on head shops over the past few years, claiming that they sell items used to take drugs. For instance, a market that sold glass pipes has been repeatedly targeted for arrests and civil asset forfeiture. Oklahoma law defines drug paraphernalia as “all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,...

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What Is Conditional Release in Oklahoma?

What Is Conditional Release in Oklahoma?

Conditional release, also called conditional discharge, gives those charged with a crime the opportunity to avoid jail time and criminal records while obeying court-ordered restrictions and requirements. It is one of the diversion programs Oklahoma uses to lower costs, relieve overcrowded jails, and give small-time offenders a second chance. Oklahoma offers a diversion program of conditional discharge for people charged drug possession as their first drug-related offense. If the court so chooses, or as part of a bargain with the prosecutor, the person accused will not be found guilty of possession. Instead, the court will defer any further sentencing and obtain...

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Sentence Enhancements for Drug Crimes Involving Children

Sentence Enhancements for Drug Crimes Involving Children

In Oklahoma, committing drug crimes that involve children leads to increased jail time and penalties. Specifically, the criminal sentence for the underlying crime will be doubled or tripled, with other restrictions imposed. This is known as a sentence enhancement. Drug court judges may impose sentence enhancements for people who use minors to distribute or transport drugs, for people who distribute drugs near schools, and for people who possess or buy drugs near schools or in the presence of young children. The enhancements emphasize the state’s focus on keeping drugs away from children under age 18 – both for safety reasons and...

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Drug Distribution and Trafficking: More Serious than Possession

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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Which Drugs Are Illegal in Oklahoma?

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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Could You Lose Your Job Because of a Drug Charge?

Could You Lose Your Job Because of a Drug Charge?

A drug charge or conviction could have a lifetime of consequences for you, including job loss. While the American legal system is founded on the premise that everyone is innocent until proven guilty, in practice, even a criminal charge without a conviction can have a substantial negative impact on people’s lives. Losing your job could be part of that impact. One way you could lose your job after being charged with a drug-related crime is through repeated absences. If you are arrested and jailed, it could be several days before you or a family member can call your manager to request...

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New DUI Warranty Service: Will It Protect Drivers?

New DUI Warranty Service: Will It Protect Drivers?

A new DUI warranty service promises drivers a free attorney if they are arrested for a DUI, in exchange for a base fee. For attorneys who already defend drivers accused of driving under the influence, this promise raises many red flags. The DUI Warranty provides an attorney to represent a driver who paid the up-front, $20 fee and is later arrested for driving under the influence. There are a number of catches to this seemingly beneficial service, which advertises itself as “Option 2” – Option 1 being “don’t drink and drive”. First, the service is available only in the Oklahoma City...

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Use of Police Dogs at Traffic Stops

Use of Police Dogs at Traffic Stops

During traffic stops, police sometimes use K-9 dogs to sniff for drugs or other illegal substances. Two key Supreme Court cases have evaluated how far police may go in their use of dogs at roadside stops. In the first case, Illinois v. Caballes, 543 U.S. 405 (2005), the court considered whether using a drug dog at the scene of a roadside stop was an unreasonable search. The drug dog alerted at the scene, leading to the defendant’s arrest for marijuana trafficking. While the Illinois Supreme Court said that the search was unreasonable, the Supreme Court disagreed, determining that police did not...

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DUI Vehicle Forfeiture: Is It Legal?

DUI Vehicle Forfeiture - Is It Legal?

Oklahoma law permits DUI vehicle forfeiture, meaning the state could take your vehicle away because you violated DUI laws. Many citizens are shocked to learn that the courts allow civil asset forfeiture on a regular basis against criminal defendants. Not just any DUI driver can have his car seized. The law is very specific about which offenses could lead to forfeiture. First, you must have at least two DUI offenses on your record. If you have two offenses, the first one must be within 10 years of the second one, and at least one of the two offenses must have involved...

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Exclusion of Identification Evidence at Trial

Exclusion of Identification Evidence at Trial

Exclusion of identification evidence at trial can be a turning point for a criminal case. Getting the judge to agree that alleged eyewitnesses should not testify that they saw the defendant at the scene of the crime requires an evaluation of all the circumstances of the identification. In a 1977 decision, the Supreme Court of the United States explained the test for excluding identification evidence. The decision, Manson v. Brathwaite, 432 U.S. 98 (1977), confirmed earlier case law in explaining why a police officer viewing a single photograph and then making an in-court identification did not violate the Due Process Clause...

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