Possession of a Controlled Substance in Oklahoma
All states regulate and control the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. Oklahoma classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the illegal possession of CDS for personal use only. Illegally manufacturing or selling CDS carries different penalties. For more information on CDS manufacture and sale, see Sale of Controlled Substances in Oklahoma.
Also, while marijuana is considered a CDS, this article does not cover Oklahoma’s marijuana possession and sale laws. To learn more about that topic, see Oklahoma Marijuana Laws.
How Oklahoma Classifies CDS
Oklahoma divides CDS into five “Schedules.” Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.
If you’ve been arrested for illegal CDS possession, you’ll need to consult the Oklahoma Code that lists precisely which drugs fit into each group. Go to the statute (63 Okl. Stat. Ann. §§ 2-204 to 212) and find the substance you're charged with possessing -- it will be listed under one of the five classes.
Penalties for Possessing CDS
It is illegal in Oklahoma to possess CDS without a valid medical prescription. Penalties vary according to the type of CDS involved in the violation. (63 Okl. Stat. Ann. § 2-402(A)(1).)
Schedule I or II CDS
Penalties for a first offense include a fine of up to $5,000, at least two (and up five) years in prison, or both. Second and subsequent offenses incur a fine of up to $10,000, at least four (and up to 20) years in prison, or both. (63 Okl. Stat. Ann. § 2-402(B)(1).)
Schedule III, IV or V CDS
Penalties for a first offense include a fine of up to $1,000, up to one year in jail, or both. Second and subsequent offenses incur a fine of up to $5,000, at least two (and up to ten) years in prison, or both. (63 Okl. Stat. Ann. § 2-402(B)(2).)
Purchase or Possession Near a School
Buying or possessing CDS on or within 1,000 feet of a school, public park or recreation area, or in the presence of a child under 12 years old incurs twice the fine, prison time, or both applicable to the underlying offense (as described above). Second and subsequent offenses incur up to three times the applicable prison time, an additional fine of up to $10,000, or both. (63 Okl. Stat. Ann. § 2-402(C).)
Talk to an Attorney
CDS possession convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.