This state has enacted medical marijuana laws. Modern research suggests that cannabis is a valuable aid in treating a variety of clinical uses. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and new research suggests that marijuana`s medicinal properties may protect the body from certain types of malignant tumors and are neuroprotective. There are several ways to be charged with drug offences that automatically turn them into crimes. For example, if you have marijuana that would normally be charged with a misdemeanor, but the officer can provide evidence that you intended to distribute the marijuana, they may charge you with a crime called possession with intent to distribute. Typically, proof that you`re handing out a drug can be anything, scales, multiple bags, larger quantities of drugs, or even casually that you`d share with a friend. Officers can then use all of this to charge you with a crime. The mandatory minimum sentence for a first indictment was previously four (4) years imprisonment, with a maximum sentence of life imprisonment. However, with the new laws, a first drug trafficking offence does not carry a mandatory minimum sentence.
A first offense for illicit drug trafficking carries a sentence of zero to twenty years in prison, with fines amounting to hundreds of thousands of dollars in some cases. A second violation of the Illicit Drug Trafficking Act carries a mandatory minimum sentence of four years to a maximum sentence of life imprisonment. A third or subsequent conviction for human trafficking now carries a mandatory minimum sentence of twenty years and a maximum sentence of life imprisonment. Oklahoma`s Illegal Drug Trafficking Act sets out certain amounts of the substance that raise charges ranging from possession or distribution to trafficking, the most serious drug offense in Oklahoma: People charged with aggravated illegal drug trafficking are placed in this category simply because of the amount or weight of the drug they claim to possess. Serious charges carry the same penalties as simple human trafficking, which is listed above. This is good news for those who will be charged, as those facing serious human trafficking previously passed a mandatory minimum sentence of fifteen (15) years in prison. Each state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional laws on their own. In their strictest form, these laws prohibit drivers from operating a motor vehicle if they have a detectable amount of an illegal drug or drug metabolite (i.e., compounds made from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a certain threshold imposed by the government. Learn more about cannabinoids and their effects on psychomotor performance. More information about cannabinoids and the proposed limits themselves is available online. In Oklahoma, you can be arrested and charged with illegal possession of methamphetamine in any amount, no matter how small.
Categories of methamphetamine laws in Oklahoma include: • Possession of methamphetamine • Trade, sale or distribution of methamphetamine • Production of methamphetamine • Trafficking of methamphetamine Prosecutors will rely on the retroactivity argument and fall back on the fact that the new laws do not contain language indicating that the laws should be applied to those charged by July 1. 2017, and that there is a separate version in section 2-402 (as amended by Parliament by HB 2479) that still allows them to file offences for simple possession of drugs, although the other version of section 2-402 (as amended by SQ 780) states that the same charges should in fact be offences. It is important to note that Oklahoma law does not say “possession with intent to sell,” but to distribute. This means that if a person plans to share their pills with friends at a party, or admits that they would pass a joint with friends, they could be arrested for possession with intent to distribute rather than simple possession, even if the subject did not intend to sell drugs. Aggravated manufacturing involves higher quantities of drugs and carries a harsher penalty. Under Oklahoma law, higher manufacturing fees can be levied if more than 50 grams of methamphetamine are involved. If you are accused of any form of drug distribution, you should know that the consequences you face are serious. You may think the act itself was relatively minor, but the prosecutor probably won`t see it that way. Call a defense lawyer immediately. Oklahoma`s drug laws are notoriously strict. While some states allow medical marijuana — or even recreational marijuana — there are no exceptions to its possession in Oklahoma. In fact, while a first offense of simple possession of marijuana for personal use is a state offense, almost all other drug-related crimes are crimes.
At the time of writing this letter and as of the coming into force date of the new legislation, there is no clear indication that the new drug laws will assist individuals who have previously pleaded guilty to a drug-related crime or are currently facing drug-related charges as of July 1, 2017. As noted above, there is no language in the new legislation that would extend the benefit of changing the sentence to persons against whom drug allegations were made before the new laws came into force. Nevertheless, persons convicted under the old Act could be entitled to parole once they had served one-third of their sentence. However, the laws regarding trafficking charges have changed considerably. Individuals are now eligible for conditional sentences. However, the trade-off is that anyone convicted of trafficking illegal drugs must now serve at least 50% of the prison sentence they receive before being eligible for probation or earned credits or other credits that could reduce the length of the sentence as a whole. Under Oklahoma law, methamphetamine is a Schedule 2 drug. The police can arrest you if any amount of methamphetamine, including traces or residues, is found in your possession.
Oklahoma is the heart of drug trafficking. With I-40 and I-35 across the state, there are many people transporting drugs through a state with some of the harshest penalties in the country. Therefore, most cases begin with a stop on the highway. Officers and soldiers regularly travel with canines, which they can use at any time. Oklahoma`s law enforcement agencies are trained to arrest detention and prosecute it sufficiently under the law. In most cases, the case begins with law enforcement casually asking the occupant of the vehicle if he or she wants to answer “a few more questions.” This preliminary question can mean the difference between a conviction and a dismissal of charges. Your best bet for beating a simple possession charge in Oklahoma is to work with a drug lawyer. Don`t talk to anyone until you get your legal defense. The police are NOT on your side and as they say, anything you say can be used against you in court. Attempting to commit a drug-related offence is regulated by 63 SO § 2-408. It can be applied to any drug-related crime, but it is most often used for drug possession. The typical way this crime is charged is the continued possession of CDS.
If you are facing a criminal conviction, imprisonment and loss of your freedoms, rights and privileges after an arrest, it is imperative that you find qualified legal representation from an experienced drug advocate. The crime and punishment for charges involving a Schedule I or Schedule II drug are listed in 63 O.S. § 2-402 (B) (1) defines: Hashish or concentrates fall under the Oklahoma definition of marijuana and are Schedule I drugs. It is important to note that not all controlled hazardous substances can lead to increased human trafficking charges. Only possession of certain quantities of marijuana, cocaine powder, crack cocaine, methamphetamine, amphetamine and MDMA can result in a charge of aggravated trafficking in illicit drugs. Drug distribution may include the sale of drugs, but it may also involve the simple sharing of drugs. While in some states, drug distribution fees are charged in part based on the amount of drug involved, Oklahoma does not set a specific amount to trigger a possession with intent to distribute charge. Oklahoma`s new drug laws are written prospectively. This means that there is no language that would indicate that the law should be applied retroactively or “backwards” to people who were arrested and charged before the law came into force.
The problem that most people facing drug allegations after July 1, 2017 should be aware of is that the Oklahoma legislature amended the previous version of § 2-402 in a way that is not consistent with the legislative changes passed by Oklahomans through SQ 780.