Oklahoma Drug Paraphernalia
Possession of Drug Paraphernalia in Oklahoma
Possession of drug paraphernalia in Oklahoma is a misdemeanor offense, but that does not mean the legal penalties are minor. In addition to the possibility of up to a year in jail, a paraphernalia conviction carries fines of up to $10,000 and the suspension of one’s driver’s license for up to three (3) years. Furthermore, a conviction for possession of drug paraphernalia in Oklahoma leaves you with a criminal record that can negatively impact educational and employment opportunities. If you are arrested for possession of drug paraphernalia, a skilled criminal defense attorney can protect your rights while building a strategic defense.
While Oklahoma drug laws specifically outline certain types of illegal drug paraphernalia, it also makes exceptions. Oklahoma statute 2-101 identifies the following items as drug paraphernalia:
- Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls
- Water pipes
- Carburetion tubes
- Smoking and carburetion masks
- Roach clips
- Miniature cocaine spoons
- Cocaine vials
- Chamber pipes, carburetor pipes, electric pipes, air-driven pipes, and ice pipes
State law, however, says that these items are not illegal if their purpose is not for drug use. Exceptions include separation gins for preparing tea or spice, electrical clamps, ornamental water pipes, and tobacco pipes. Often, the distinction between drug paraphernalia and legal pipes and clamps is their proximity to drugs or drug residue on the device.What are Possible Defenses to Charges of Drug Paraphernalia Possession?
If you have been charged with possession of drug paraphernalia in Oklahoma, our experienced defense attorneys have the legal expertise and professional resources to build a solid defense to help you fight your charge. Some possible defense strategies include insufficient evidence, illegal search and seizure, improper police conduct, and illegal arrest. In addition, our drug defense lawyers may be able to disprove or cast reasonable doubt upon the intended purpose of the alleged paraphernalia. In the event that your case cannot be dismissed, our skilled criminal defense lawyers can negotiate sentencing options such as probation for the best possible outcome to your case.
Contact us to have an Oklahoma drug defense attorney provide a free evaluation of your case.