Claremore Lawyer BlogHow Serious is Possession of a Controlled Dangerous Substance?

controlled dangerous substanceHow Oklahoma Views a Controlled Dangerous Substance

In Oklahoma, a “controlled dangerous substance” is a drug or substance which is categorized in Schedules I through V of the Uniform Controlled Dangerous Substances Act of Oklahoma. Okla. Stat. tit. 63 § 2-101

Oklahoma classifies its controlled substances by these “Schedules” based upon the level of addictive risk balanced against medical need, and other factors. Okla. Stat. tit. 63 § 2-204

These schedules include both illegal drugs and drugs that must be prescribed by a doctor. Possession of a controlled substance such as the pain medication hydrocodone without a valid prescription is against the law.

Schedules I and II contain controlled substances which are deemed to be the most addictive and risky. These controlled dangerous substances also carry the most severe penalties for such things as possession, manufacturing, trafficking, and distribution.

As you move through to Schedules III, IV, and V, the drugs decrease in dangerous risk and increase in terms of medical value. These drugs include: tramadol, barbital, and some diluted compounds of codeine and opium.

Penalties for Possession of a Controlled Dangerous Substance

Possession of a controlled dangerous substance is a misdemeanor crime in Oklahoma. This is punishable by up to a year in jail and a fine of up to $1,000. That sentence will be applicable for every conviction for possession, regardless the number of times you are caught in possession.

For possession of marijuana or a Schedule III, IV, or V drug, a first offense is a misdemeanor crime. This is punishable by up to a year in the county jail.

However, any subsequent offense within 10 years of the first offense is a felony crime. This is punishable by one to five years in prison, a fine of up to $5,000, or both.

While mere possession is penalized less harshly, if you are caught with a sufficient amount of a controlled dangerous substance, you could be charged with trafficking instead of possession. Trafficking is a serious felony in Oklahoma.

If you or a loved one are being charged, you need to contact an experienced Claremore criminal defense attorney as soon as possible. Only an experienced local attorney will know both the law and the particular judges that you might face. Your attorney will know how to craft a strong defense.

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