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What If Police Made a Mistake During Your Drug Arrest?

Dealing with an arrest for a drug offense can overwhelm and scare you. If you have recently been arrested and aren’t sure what to do next, you may want to speak to a local lawyer about your options. With a lawyer’s help, you might learn that police made a significant mistake during your arrest. What Kinds of Mistakes Could Police Make? Unfortunately, mistakes during drug arrests are all too common. Sometimes, these mistakes violate the law and infringe on the arrested person’s rights. The mistake could even rise to the level of invalidating the entire basis for the criminal offense. Police may...

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Criminal Charges for Forged Prescriptions in Oklahoma

Criminal Charges for Forged Prescriptions in Oklahoma

The state of Oklahoma takes forged prescriptions very seriously – trying to get drugs using a fake prescription is a felony. Law enforcement seem to charge more and more people each year with prescription fraud. To prove prescription fraud, the prosecutor must show that you obtained a controlled dangerous substance when you: Forged a prescription, Altered the prescription to change the quantity or the drug prescribed, or Gave a forged or altered prescription to a pharmacist for filling. 47 O.S. § 2-407(A). Attempts to commit prescription fraud are illegal too, even if they are not successful. Oklahoma also penalizes people who possess...

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The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

In Oklahoma, the Trafficking in Illegal Drugs Act prohibits drug crimes involving large amounts of controlled substances. Sentencing requirements for people convicted of drug trafficking have changed in recent years, but Oklahoma still has one of the strictest sets of drug laws in the country. Oklahoma law criminalizes possessing, distributing, manufacturing, or transporting into the state certain quantities of various different controlled dangerous substances. Further, the Trafficking in Illegal Drugs Act also prohibits (1) possessing CDS with the intent to manufacture drugs in large quantities and (2) using or soliciting services of a minor to distribute or manufacture a CDS. All...

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Knowing Possession of Drug Proceeds: Illegal in Oklahoma

Knowing Possession of Drug Proceeds: Illegal in Oklahoma

In Oklahoma, possessing or receiving money that you know came from drug sales is a crime. Police can seize any property that you purchased using drug money through a process called forfeiture. Oklahoma law states that it is illegal to receive or acquire “drug proceeds”. Law enforcement can charge you with a felony for this crime. To prove that someone illegally received or acquired drug proceeds, the prosecution must show that the defendant knowingly or intentionally received or acquired drug proceeds, knew that the proceeds were gained from illegal activity, and knowingly or intentionally concealed the proceeds or engaged in transactions...

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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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Overview of Federal Drug Crimes

Overview of Federal Drug Crimes

Similar to Oklahoma law, federal law prohibits the possession, sale, distribution, manufacture, and trafficking of drugs. When someone accused of a drug crime is charged under federal rather than state law, usually the alleged crime was committed on federal land (such as airports) or it took place in multiple states. Federal drug laws differ from Oklahoma drug laws because of the different penalties, different classifications of drugs, and sometimes, different elements of the crime. Congress passed the Comprehensive Drug Abuse Prevention and Control Act, the main federal law prohibiting drug crimes, in 1970. It is also known as the Controlled Substances...

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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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The Oklahoma Anti-Drug Diversion Act

The Oklahoma Anti-Drug Diversion Act

Drug usage in Oklahoma is growing by the day, so law enforcement efforts to crack down on drug use have increased. A law called the Oklahoma Anti-Drug Diversion Act helps police monitor abuse of legal drugs by creating the Prescription Monitoring Program. With a drug use rate well over the national average and many Oklahomans reporting non-medical use of pain relievers, the Act and its amendments create one more opportunity for police to make drug-related arrests. The Anti-Drug Diversion Act seeks to deter abuse of prescription drugs, either drugs that are legally prescribed or legal drugs that are used without a...

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