Drug possession for personal use in Oklahoma is defined as knowingly or intentionally having a controlled dangerous substance (CDS) in one's possession without a valid prescription or lawful authorization. Under Title 63 O.S. § 2-402, simple possession of any CDS, including any schedule I, II, III, IV, or V substance, is classified as a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000. The statute was amended through State Question 780, which reclassified all simple possession offenses as misdemeanors effective July 1, 2017. However, separate provisions under 63 O.S. § 2-401 still make it a felony to manufacture, traffic, or possess drugs with intent to distribute.

Oklahoma law imposes uniform misdemeanor penalties for simple possession of a CDS regardless of the wether it is a Schedule I, II, III, IV or IV substance. The law also distinguishes between simple possession and more serious drug offenses such as manufacturing, trafficking, and possession with intent to distribute.

What Is the Sentence for Possession of a CDS in Oklahoma?

The sentence for possession of an illegal controlled dangerous substance (CDS) in Oklahoma can be up to one (1) year in county jail, a fine of up to One Thousand Dollars ($1,000.00), or both. For a first offense, simple possession is a misdemeanor.

If a person is convicted a second time within ten (10) years, the charge is still a misdemeanor. Instead of jail or a fine, the court can require the person to complete a drug assessment and treatment program that can last up to one (1) year. The program may include drug testing. If the person does not complete the program, the court can sentence them to up to one (1) year in county jail, a fine of up to $1,000, or both.

If a person is convicted a third time within ten (10) years, the charge is still a misdemeanor, but the penalties are more serious. The person can be sentenced to at least thirty (30) days in county jail, a fine of up to $1,000, or both. The court can also allow the person to complete a drug assessment and treatment program instead of jail, which can last up to three (3) years and may include drug testing. If the person does not complete the program, the court can impose the standard penalties allowed by law.

If a person is convicted a fourth time within ten (10) years, the charge becomes a felony. The punishment is at least one (1) year and up to five (5) years in prison, a fine of up to $5,000, or both.

In every case, the court must also order a One Hundred Dollar ($100.00) trauma-care fee.

Schedule I and II Drugs

Schedule I drugs include substances like MDMA (ecstasy), LSD, heroin, and psychedelic drugs such as psilocybin (mushrooms). Schedule II drugs include cocaine, oxycodone, hydrocodone, PCP, and amphetamines, including medications like OxyContin, Percocet, Adderall, and Ritalin.

Under current Oklahoma law (63 O.S. § 2-402), simple possession of any controlled dangerous substance, including Schedule I and Schedule II drugs, is usually treated the same, regardless of the type of drug. The penalties depend on how many prior convictions a person has, not the drug schedule.

Schedule III, IV or V Drugs

Schedule III, IV, and V drugs include many prescription medications, such as anabolic steroids, Valium, and Vicodin. It is illegal to have these drugs without a valid prescription. Under Oklahoma law (63 O.S. § 2-402), simple possession of these substances is treated the same as other controlled dangerous substances. The penalties depend on how many prior convictions a person has.

Whether you are facing misdemeanor or felony charges, it is critical that you find a drug crime defense lawyer who can protect your constitutional rights and fight the charge or charges against you.

Frequently Asked Questions

How to Beat a Simple Possession Charge in Oklahoma?

Your best bet at beating a simple possession charge in Oklahoma is to work with a lawyer who specializes in drug-related cases. Don't talk to anyone before securing your legal defense. The police is NOT on your side and as they say, anything you say can be used against you in a court of law.

Is Meth Possession a Misdemeanor in Oklahoma?

Possession of meth is a misdemeanor.  However, there is no minimum amount of crystal meth you must possess in order for you to be charged with possession with intent to distribute. Anything above 20g of meth can result in charges of trafficking.

Is possession of CDS a felony in Oklahoma?

No, possession of a CDS in Oklahoma is a misdemeanor. It is punishable by a maximum of 1 year in jail and a $1,000 fine.

Legal Defense Options

If you have been arrested for illegal possession of prescription drugs, marijuana, or a controlled dangerous substance, the experienced drug possession defense attorneys at Phillips & Associates can provide innovative and effective options for your defense. If there is a lack of evidence to convict you or any evidence was obtained through unreasonable search and seizure, we may be able to have your case dismissed before it ever goes to trial.

At Phillips & Associates, we have successfully represented hundreds of clients accused of drug crimes, with many of our cases ending in dismissal of the charges before the case ever goes to trial. Our record of successful drug crime defense has made us a trusted legal resource for those accused of drug crimes in Oklahoma.