fbpx

Oklahoma Drug Possession Attorney

Oklahoma Drug Possession Attorney

Possession of a Controlled Dangerous Substance with Intent to Distribute

Oklahoma Drug Possession Attorney

Title 63, Section 2-401 of the Oklahoma statutes states it is unlawful for any person to possess with intent to distribute a controlled dangerous substance (CDS). Possession of CDS with Intent to Distribute is a felony offense in Oklahoma. The range of punishment for Possession of CDS with Intent to Distribute varies depending upon the controlled dangerous substance possessed.

A sentence for Possession of CDS with Intent to Distribute may not be deferred or suspended, unless the conviction is for a first offense. The ranges of punishment for Possession of CDS with Intent to Distribute for the most commonly possessed substances include:

  • A substance classified in Schedule I or II that is a narcotic drug, including lysergic acid diethylamide (LSD), methamphetamine (meth), phencyclidine (PCP), and heroin, is punishable by not less than five (5) years nor more than life in the Oklahoma Department of Corrections and a fine of not more than One Hundred Thousand Dollars ($100,000.00); and
  • Marijuana is punishable by not less than two (2) years nor more than life in the Oklahoma Department of Corrections and a fine of not more than Twenty Thousand Dollars ($20,000.00)

Oklahoma law does not prescribe a certain weight of a CDS that a person must possess to be charged with Possession of CDS with Intent to Distribute. Instead, Possession of CDS with Intent to Distribute is based upon the presence of evidence that the person intended sell or distribute the CDS in their possession. Common evidence used to support a charge of Possession of CDS with Intent to Distribute includes:

  • Scales for weighing narcotics;
  • The CDS being packaged for sale;
  • Individual plastic baggies commonly used for distributing CDS;
  • Ledgers documenting drug transactions; and
  • Substantial amounts of currency,

Possession of large amounts of cash along with a CDS can lead to a person being charged with Possession of Proceeds in Violation of the Uniform Controlled Dangerous Substances Act, in violation of Title 63, Section 2-503.1 of the Oklahoma statutes. Section 2-503.1 makes it a felony for any person to knowingly or intentionally receive or acquire proceeds and to conceal such proceeds, or engage in transactions involving proceeds, known to be derived from any violation of the Uniform Controlled Dangerous Substances Act (i.e., possessing money derived from the sale of illegal narcotics). The range of punishment for Possession of Proceeds in Violation of the Uniform Controlled Dangerous Substances Act is not less than two (2) years nor more than ten (10) years in the Oklahoma Department of Corrections and/or by a fine of not more than Fifty Thousand Dollars ($50,000.00).