Possession of drug paraphernalia is one of the few drug offenses charged as a misdemeanor in Oklahoma. However, even a misdemeanor conviction can carry significant penalties. In the case of paraphernalia possession, a first offense has a potential sentence of up to one year in jail and a $1,000 fine. The penalties for subsequent offenses carry heavier fines—up to $10,000—and a driver’s license suspension for up to three years. In addition to criminal penalties, a misdemeanor conviction creates a criminal record that can inhibit your employment opportunities or student status.
However, an arrest for possession of paraphernalia does not have to lead to conviction and such extreme consequences. By hiring a criminal defense lawyer experienced at handling drug possession and paraphernalia cases, you may be able to successfully fight the charge against you.
At Phillips & Associates, the skill and experience of our attorneys has created a proven record of winning tough drug cases for our clients. We work diligently to build a strategic defense that can help protect your rights and provide a favorable outcome to your case.
Examples of Prohibited Drug Paraphernalia
Oklahoma law forbids the possession of drug paraphernalia except by licensed professionals who are using the paraphernalia in accordance with its intent. Possession of drug paraphernalia is a misdemeanor, but sale of paraphernalia to a person under the age of 18 by a person over the age of 18 is a felony. The law makes certain exceptions to what constitutes paraphernalia based on the object’s intended use, which has allowed some head shops to market “incense burners” that are more frequently used for ingesting drugs.
However, recent laws have cracked down on the legal sale of certain items, including glass pipes, even if they are marketed for legal use. For items whose purpose treads a fine line between legitimate use and illegal drug use, the determination of paraphernalia is often made by the item’s proximity to drugs or the presence of drug residue.
Oklahoma drug laws are contained in Title 63 of the state statutes, the Public Health and Safety title. Section 2-101 defines drug paraphernalia in great detail. Prohibited items include:
- Roach clips
- Water pipes
- Glass pipes
- Cocaine spoons
- Cocaine vials
- And more
For complete reference, the section of the Uniform Controlled Dangerous Substances Act dealing with drug paraphernalia, its definition, prohibited drug paraphernalia, and exclusions is provided at the end of this page.
Oklahoma Drug Paraphernalia Possession Defense
If you have been arrested and charged with possession of drug paraphernalia, we can help you fight your charge. We understand that, even as a misdemeanor, a conviction can have a significant negative impact on your life, and we work diligently to protect your rights and your interests. Our innovative lawyers have several strategies available for your defense, and we closely analyze your case to uncover the best defense options.
Paraphernalia possession defense may include:
- Insufficient evidence
- Illegal search and seizure
- Improper police conduct
- Illegal arrest
- Intended purpose of alleged paraphernalia
Often, our drug defense lawyers are able to have a case dismissed before it ever goes to trial. In many other cases, we are able to obtain an acquittal or negotiate favorable sentencing options, such as probation or suspended sentencing, which can keep you out of jail and allow for later expungement of your record.
To find out how Phillips & Associates can help with your possession of paraphernalia legal defense, submit our case evaluation form or call (405) 418-8888 to schedule a free, confidential consultation with a well-qualified defense attorney.
63 O.S. § 2-101 (36) – Public Health and Safety, Uniform Controlled Dangerous Substances Act, Definitions
36. "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances,
c. isomerization devices used, intended for use, or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance,
d. testing equipment used, intended for use, or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances,
e. scales and balances used, intended for use, or fashioned specifically for use in weighing or measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or fashioned specifically for use in cutting controlled dangerous substances,
g. separation gins and sifters used, intended for use, or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana,
h. blenders, bowls, containers, spoons and mixing devices used, intended for use, or fashioned specifically for use in compounding controlled dangerous substances,
i. capsules, balloons, envelopes and other containers used, intended for use, or fashioned specifically for use in packaging small quantities of controlled dangerous substances,
j. containers and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
k. hypodermic syringes, needles and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
l. objects used, intended for use, or fashioned specifically for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or chamber of less than one-half (1/2) inch in diameter in which there is any detectable residue of any controlled dangerous substance as defined in this section or any other substances not legal for possession or use;
provided, however, the term "drug paraphernalia" shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco, traditional pipes of an American Indian tribal religious ceremony, or antique pipes that are thirty (30) years of age or older
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