The state of Oklahoma is known for being tough on drug crime.  In some cases even marijuana possession can land an individual in prison.  The first thing to do if you've been charged with any marijuana crime in OKC is to contact a defense team that will aggressively protect your rights.  At Phillips & Associates we have successfully defended dozens of drug-related charges for our clients.

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Phillips & Associates has built a reputation as the top criminal drug crime attorneys in Oklahoma. By aggressively challenging evidence and through assertive defense strategies, we have been able to secure favorable outcomes for our clients in state and federal courts on drug crime charges.

Marijuana Related Charges

There are a variety of marijuana charges including possession, possession for sale or distribution, cultivation, and possession of paraphernalia.

Possession

The possession of any amount of marijuana is a misdemeanor.  It carries a punishment of up to one year imprisonment and a $1,000 (maximum) fine.  Conditional release is possible for a first offense.  Subsequent offenses are subject to the same fines and terms of imprisonment.

Sale or Distribution

The sale or distribution of less than 25 pounds is a felony.  It is punishable by imprisonment from 2 years to life.  It is subject to a fine of up to $20,000.

If the charges are for an amount between 25 and 1,000 pounds, penalties include a fine of between $25,000 and $100,000.  This is in addition to a jail term of 4 years to life.

Selling  more than 1,000 pounds carries a maximum fine of $500,000.  It is also carries a prison term between four years and life.

Selling to minors is a felony.  It is punishable by doubling the penalty for both the period of incarceration, as well as the fine to be paid.

The sale of marijuana within 2,000 feet of schools, public parks, or public housing is a felony.  It is punishable by a double penalty for both the period of incarceration as well as the fine to be paid. A conviction carries with it a mandatory minimum sentence of 50% of the imposed sentence.

Cultivation of Marijuana

Under Oklahoma law, the cultivation of marijuana without proper authorization is a felony offense. A person convicted of illegal marijuana cultivation can face significant fines and imprisonment. For example, unlicensed growing operations are prosecuted under drug manufacturing or trafficking statutes, and convictions can result in years in prison and fines depending on the circumstances and quantity involved. A first cultivation conviction typically carries a minimum prison term of at least two years and up to life, and fines up to $50,000, with penalties increasing for second or subsequent offenses.

Marijuana concentrates, including hashish and similar products, are treated as controlled dangerous substances under Oklahoma’s Uniform Controlled Dangerous Substances Act. Converting marijuana into hashish or other concentrates without authorization is a felony punishable by imprisonment from at least two years up to life and fines that may reach $50,000 for a first offense.

Possession of marijuana or concentrates without a valid medical marijuana license generally remains unlawful, though simple possession is prosecuted as a misdemeanor punishable by up to one year in jail and fines up to $1,000 under current statute.

Possession of Paraphernalia

In Oklahoma, possession of drug paraphernalia refers to having items that are used for planting, growing, manufacturing, packaging, storing, concealing, injecting, ingesting, or inhaling a controlled dangerous substance into the human body. The focus is not so much on the object itself, but on intented usage and surrounding circumstances. Everyday items can qualify as paraphernalia if they can be tied to drug use.

Drug paraphernalia include pipes, bongs, syringes, rolling papers, scales, baggies, grinders, or devices used to prepare or consume drugs. Possession can be charged even when no drugs are found. Statements, residue, proximity to controlled substances, or prior conduct may be used to establish intent. The offense commonly arises during traffic stops, searches, or related drug investigations.

Possession of drug paraphernalia in Oklahoma is generally charged as a misdemeanor. Penalties may include fines, probation, drug education or treatment, and possible jail time, particularly for repeat offenses. Those facing charges should speak with an Oklahoma City possession of drug paraphernalia attorney for help with their legal defense.

Marijuana Possession Legal Defense

There is no one-size-fits-all solution to drug crime defense; each case is unique and the specific details and nature of the alleged offense must be carefully scrutinized to uncover the best possible strategies for defense.

However, there are certain common defense options that, when used appropriately, can provide a successful outcome for the defendant:

• Insufficient evidence
• Unreasonable search and seizure
• Illegally obtained evidence
• Police mistakes
• Alternatives to jail, including drug treatment programs and rehabilitation
• Reduced or amended charges
• Independent verification of drug tests

The drug defense attorneys at Phillips & Associates offer wise legal counsel in helping clients determine the best course of action in their case, whether that means negotiating a plea bargain and alternatives to keep them out of jail or aggressively defending their innocence at trial. Call (405) 418-8888 to schedule your free consultation with a highly-qualified and reputable Oklahoma drug defense lawyer.