Tahlequah Attorney BlogDefining Possession Of Methamphetamine In Oklahoma

possession of methamphetamine in OklahomaOnce upon a time, Oklahoma had some of the strictest laws in the country regarding drug possession. All of that has changed regarding simple possession of methamphetamine in Oklahoma. Here is what you need to know about possession of a controlled dangerous substance in Tahlequah, Oklahoma.

Possession Of A Controlled Dangerous Substance Defined

In Oklahoma, a controlled dangerous substance is any drug that is either controlled by prescription or is illegal. It is unlawful for a person to knowingly or intentionally possess a controlled dangerous substance like methamphetamine.

Possession Of Methamphetamine In Oklahoma Is Now A Misdemeanor

Simple possession of a small amount of methamphetamine is now a misdemeanor in Tahlequah. That is true for the first conviction and all subsequent convictions. Okla. Stat. tit. 63 § 2-402

If convicted, you could spend up to a year in jail and pay a fine of up to $1,000. In addition, you will pay $100 to benefit the Trauma Care Assistance Revolving Fund.

Moving Beyond Simple Possession: How Much is Enough?

While simple possession is now a misdemeanor, the trafficking, sale, and distribution of controlled dangerous substances are still felony offenses that carry stiff penalties in Oklahoma. So, how does the law determine what constitutes simple possession for your own use vs. possession with the intent to traffic, sell, or otherwise distribute these drugs?

It is likely that an arresting officer will look to the totality of the circumstances involved in making that determination. For instance, the amount you are carrying in your possession makes a difference.

Intent to Distribute

There is no minimum amount of meth you must possess in order for you to be charged with possession with intent to distribute. Possession with intent to distribute is not determined by the amount of the drug in your possession.

Instead, the police look for other evidence that shows an intent to distribute. This could the presence of paraphernalia such as scales, packing material, cash, firearms, and the like.

Possession with intent to distribute does not mean an intent to sell. In Oklahoma, it could mean sharing your drugs with a friend.

If convicted of possession with intent to distribute, you could spend two years to life in prison and pay a fine up of to $100,000.

Trafficking Methamphetamine

If you have more than 20 grams of methamphetamine in your possession, you could face a trafficking charge.

The penalties for trafficking depend on the amount of methamphetamine in your possession as well as your prior criminal drug history.

The fines for methamphetamine trafficking are:

  • 20 grams or more: between $25,000 and $250,000;
  • 200 grams or more: $50,000 to $500,000; and
  • 450 grams or more: $50,000 to $200,000.

You could spend four years to life in prison if convicted of a trafficking charge. The sentence is doubled if you are caught within 2,000 feet of a school or park.

If you are being charged for possession of any drug, make sure to talk to an experienced Tahlequah attorney.

Free Consultation: Tahlequah Criminal Defense Lawyer

Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you’ve been charged with possession of methamphetamine in Oklahoma.

For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.

Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.

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