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Swallowing the Evidence: How It May Affect Drug Crime Charges

Swallowing the Evidence: How It May Affect Drug Crime Charges

You have seen it on TV or in a movie – someone swallows the key piece of evidence before the police arrive, and he gets off scot-free. Unfortunately, in real life, things rarely work out so smoothly. Swallowing the evidence can get you in more trouble than the drug crime charges you wanted to avoid. It may seem like a good idea to quickly down the drugs just before the police open the door or walk up to your car. Chances are, however, they already have a reason to be talking to you, such as seeing you purchase drugs or noticing...

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Do Drug Penalties Vary by County in Oklahoma?

Do Drug Penalties Vary by County in Oklahoma?

There are 77 counties in Oklahoma, and people convicted of drug crimes may receive varying penalties depending on the county in which they are convicted. It may be surprising to you that state laws about drugs, which supposedly apply to all people in the state, could have uneven application. The reasons for the varying penalties range from geographical to monetary. Geography Alters Charges and Sentences In response to the new law reclassifying drug possession as a misdemeanor, Oklahoma legislators passed another law that makes it a felony to possess drugs within 1,000 feet of a school. (63 O.S. § 2-402.) Rather than...

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Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

In Oklahoma, many people arrested for drug charges can seek help in drug court rather than going through the traditional legal process. Surprisingly, you cannot go to drug court if you have only a misdemeanor charge – you must have been charged with a felony. Back in 2016, Oklahomans approved State Question 780, which reclassified drug possession and some property crimes as misdemeanors rather than felonies. For example, possession of opiates is now a misdemeanor. Other drug crimes, such as distribution or trafficking, remain felonies under the law. Unfortunately, Oklahoma’s drug courts do not allow misdemeanor offenders to attend. These courts claim...

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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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Can the Court Require Rehab for a Drug Crime?

Can the Court Require Rehab for a Drug Crime?

In Oklahoma, rehab has become a common part of a criminal sentence for a drug-related crime. Courts often specifically require people to complete a drug and alcohol assessment, called an ADSAC assessment, and then complete a state-licensed rehab program. Further, rehab is frequently part of first-time offender diversion programs such as conditional discharge. Those convicted of driving under the influence of drugs or alcohol usually receive sentences that include completion of an Alcohol and Drug Substance Abuse Course (ADSAC), which includes some type of treatment program depending on the ADSAC assessment’s findings. The ADSAC program helps people whose driver’s licenses were...

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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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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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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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Intent in DUI and Possession Cases

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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