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.

Current Penalties for Possession of CDS as of July 1, 2019

The unlawful (simple) possession of any CDS is a misdemeanor in the state of Oklahoma. The maximum jail time is one year, and the maximum fine is $1,000. The maximum penalty does not change based on the number of times someone violates the statute. This penalty applies regardless of the type of controlled substance or the number of prior offenses. Simple possession no longer escalates to a felony based solely on repeat violations. Let's look at an example. An individual might get caught with a small amount of meth 20 different times. In each of these cases the individual would be charged with a misdemeanor. This reclassification of simple possession as a misdemeanor was enacted through State Question 780, effective July 1, 2017.

Oklahoma has recently passed new legislation regarding possession of cannabis.  For more information read our article on Oklahoma's new marijuana laws.

Schedule I and II Drugs

Schedule I drugs include MDMA (ecstasy), LSD, GHB, heroine, and psychedelic drugs such as mescaline, peyote, and psilocybin (mushrooms). Schedule II drugs include cocaine, oxycodone, hydrocodone, PCP, and amphetamines. Brand names of Schedule II drugs include OxyContin, Percocet, Percodan, Seconal, and drugs commonly used for the treatment of attention deficit disorder: Ritalin, Adderall, and Concerta.

Under current law (63 O.S. § 2-402), the possession of a Schedule I or Schedule II substance is treated as a misdemeanor punishable by up to one (1) year in jail and a fine of up to $1,000. The felony penalties formerly associated with Schedule I and II substances no longer apply to simple possession offenses.

Manufacturing, trafficking, or possession with intent to distribute a Schedule I or II substance remains a felony under 63 O.S. § 2-401.

Though marijuana is a Schedule I drug, for the purposes of prosecution, it is treated as a lesser drug. On the first offense, use of marijuana or a Schedule III, IV, or V drug is treated as a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Second and subsequent offenses are also prosecuted as misdemeanors under § 2-402, with the same maximum penalty, regardless of prior convictions.

The outdated felony enhancement provisions previously found in § 2-402(B)(3–4) were repealed following the passage of State Question 780. Oklahoma no longer increases penalties for second or subsequent simple possession offenses.

Schedule III, IV or V Drugs

Possession of Schedule III, IV, or V substances, including prescription drugs such as anabolic steroids, Valium, and Vicodin is a misdemeanor when held without a valid prescription, with a maximum penalty of up to one year in jail and a $1,000 fine.

Though many people consider possession of marijuana or drugs like anabolic steroids, Valium, and Vicodin to be a minor offense, the reality is that conviction for this crime could lead to a sentence of up to ten years in prison.

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.