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What a Drug Manufacturing Charge Means for You in Oklahoma

What a Drug Manufacturing Charge Means for You in Oklahoma

If you are charged with drug manufacturing in Oklahoma, you need to prepare yourself for the legal battle ahead. Oklahoma has extremely strict drug laws, especially for manufacturing and distribution. The significant meth problem in the state has made legislators and prosecutors eager to impose stiff sentences on anyone convicted of manufacturing illegal substances. You Most Likely Will Face Prison Time if Convicted Manufacturing controlled dangerous substances in Oklahoma carries very high penalties. You could be facing 20 years to life in prison and a fine of $50,000. Moreover, you may not be eligible for a suspended sentence, a deferred sentence,...

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Is It Possible for Marijuana to Impair Your Driving?

Is It Possible for Marijuana to Impair Your Driving?

With passage of the new medical marijuana law in Oklahoma, more Oklahomans may soon be using marijuana legally. This raises concerns among law enforcement about impaired driving, and concerns among ordinary citizens about unnecessary roadside arrests when people are not actually “impaired”. Oklahoma has strict DWI laws that prohibit any “impaired” driving, even if you are impaired because of a legal drug and have a prescription. Driving erratically after using marijuana is no exception. Substances that could impair you include those that are “capable of being ingested, inhaled, injected or absorbed into the human body and are capable of adversely affecting...

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Medical Marijuana and State Question 788: What You Need to Know

Medical Marijuana and State Question 788: What You Need to Know

Oklahoma’s marijuana laws keep changing, and the constant stream of news about what is new makes it hard to keep up. Here is what you need to know now about State Question 788 and the future of medical marijuana in Oklahoma. Back on June 26, 2018, Oklahoman voters approved State Question 788, which legalizes medical marijuana. With passage of the bill, people who get the signature of a licensed doctor can obtain a license allowing them to use marijuana. The law also permits possession and cultivation of marijuana for medicinal use only. People with licenses can have three ounces or less...

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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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Will Medical Need Excuse Your Possession of Marijuana Charge?

Will Medical Need Excuse Your Possession of Marijuana Charge?

People find relief from various different medical conditions by using marijuana, whether prescribed by a doctor or obtained by other means. In Oklahoma, marijuana users who treat medical conditions with the plant could face serious criminal charges if found in possession of marijuana or under its influence. New legislation up for a state-wide vote in June 2018 could help them stay out of trouble. Voters will decide State Question 788 on June 26, 2018. If passed, the ballot initiative would legalize the licensed use, possession, and cultivation of marijuana for medicinal use only. Users would need to obtain a signature from...

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Anonymous Tips and DUI Traffic Stops

Anonymous Tips and DUI Traffic Stops

Can you be arrested for DUI based on an anonymous tip to the police? In a 2014 case, Navarette v. California, 572 U.S. _ (2014), the Supreme Court of the United States said that you can. Depending on the circumstances, an anonymous tip can provide law enforcement with the reasonable suspicion needed to justify a brief investigatory traffic stop. The Navarette case involved an anonymous phone call to the police stating that the caller had been run off the highway at a specific mile marker by a silver Ford F-150 pickup truck. The police soon spotted a vehicle matching that description...

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There Is No Reliable Test for DUI Marijuana

There Is No Reliable Test for DUI Marijuana

It’s true: there is no reliable test for DUI marijuana. While police can observe drivers for signs of impairment, no blood or breath test can show accurately whether a person is so impaired by marijuana as to make driving unsafe. The reason marijuana concentration in the body cannot be tested reliably lies in science. The ethanol in alcohol dissolves in water, and human bodies are mostly water. Ethanol concentration in the body reduces quickly over time. In contrast, the THC in marijuana is fat-soluble and does not dissolve in water. It can remain in the body for weeks. A recent study...

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Oklahoma Laws on Marijuana

Oklahoma Laws on Marijuana

Oklahoma laws on marijuana could change dramatically if voters approve State Question 788, which would legalize use of medical marijuana in the state. Currently, possession of any marijuana is a misdemeanor and is punishable by a $1,000 fine and less than one year of imprisonment for a first offense. Penalties increase for subsequent offenses or if you are on probation when you are arrested. Oklahoma made big changes to its drug possession laws that went into effect on July 1, 2017, but charges for marijuana remain a misdemeanor. However, in 2018 voters will consider State Question 788. The question, if approved,...

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Facing a Possession of Controlled Dangerous Substances Charge

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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