oklahoma lawyer

Drug Possession Attorneys

Oklahoma law enforcement, prosecutors, and judges take a strong stand against illegal possession of controlled dangerous substances. In fact, the state has a reputation for having some of the strictest drug laws in the nation, with judges often doling out harsh sentencing for even simple marijuana possession, which is punishable by jail time even on the first offense. Marijuana possession, possession of drug paraphernalia, illegal possession of prescription drugs, and possession of a Controlled Dangerous Substance (CDS) are crimes that are vigorously prosecuted, sending thousands of Oklahomans to jail or prison each year.

If you are facing criminal conviction, incarceration, and the loss of your freedoms, rights, and privileges following a drug possession arrest, it is imperative that you find skilled legal representation from an experienced drug defense attorney. At Phillips & Associates, we have successfully represented hundreds of clients accused of possession and other 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 possession in Oklahoma.

Drug Possession Charges

Drug possession for personal use may be charged as either a felony or a misdemeanor, depending on the substance involved. In most cases, possession of a Schedule I or Schedule II is a felony on the first offense, carrying a potential sentence of up to ten years in prison. 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.

The crime and punishment for possession of a Schedule I or Schedule II drug is defined in 63 O.S. § 2-402 (B)(1):

Any Schedule I or II substance, except marihuana or a substance included in subsection D of Section 2-206 of this title, is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00). A second or subsequent violation of this section with respect to Schedule I or II substance, except marijuana or a substance included in subsection D of Section 2-206 of this title, is a felony punishable by imprisonment for not less than four (4) years nor more than twenty (20) years and by a fine not exceeding Ten Thousand Dollars ($10,000.00)

Though marijuana is a Schedule I drug, for the purposes of drug possession prosecution, it is treated as a lesser drug. On the first offense, possession for personal 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, however, are prosecuted as felonies. The punishment for a second offense of marijuana possession depends upon the proximity of the offense to the first conviction, as described in 63 O.S. § 2-402 (B)(3-4):

3. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, during the period of any court-imposed probationary term or within ten (10) years of the date following the completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00); or

4. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, ten (10) or more years following the date of completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years and by a fine not exceeding Five Thousand Dollars ($5,000.00).

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 possession 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.

Drug Possession Defense

If you have been arrested for marijuana possession, illegal possession of prescription drugs, or possession of a controlled dangerous substance, the 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.

Every case is unique, and our clients count on us to uncover the optimal defense strategy for their individual needs. Call (405) 418-8888 to see why Oklahomans trust Phillips & Associates as one of the state’s leading criminal defense law firms. Schedule your risk-free case evaluation today.



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