Failure to Have Tax Stamp Affixed - Tulsa Trial Attorneys
Client Reviews From Failure to Have Tax Stamp Affixed Cases
"THANK YOU FOR TAKING THE TIME TO EXPLAIN EVERYTHING TO MY HUSBAND AND I. UNDERSTANING WHAT WAS HAPPENING MADE IT SO MUCH EASIER TO DEAL WITH." R.L.
"I WOULD HAVE BEEN IN PRISON IF IT WASN'T FOR BRIAN AND CIERA. I HAVE NEVER HAD AN ATTORNEY FIGHT FOR ME LIKE THEY DID." T.W.
Times Have Changed for Drug Crimes
It was only a few years ago and people convicted of simple possession of marijuana were sentenced to significant prison time in Oklahoma. If you were convicted of Manufacturing, Distribution, or Trafficking they would just throw away the key. Times have changed and now possession of a controlled drug is a misdemeanor with a maximum of 1 year in jail, and marijuana is legal for medical purposes with a prescription. This doesn’t mean that you should take an arrest for a drug crime lightly, especially when the arresting agency is going to do everything in their power to make your simple possession into a possession with intent to distribute, or even worse trafficking. There are also ramifications to your employment and your driver’s license if you are not careful.
Time is of the Essence
First and foremost, call us right away at 918-884-7791. Whenever you get arrested on drug charges, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
DON’T TALK AND DON’T GIVE A STATEMENT.
DON’T GIVE THEM CONSENT TO SEARCH.
DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.
EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.
DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.
Affix - Definition
To sign or seal, as affix a signature or a seal.
Failure to Have Stamp Tax Affixed
There shall be levied, assessed, collected, and paid in respect to controlled dangerous substances, a tax in the following amounts:
1. On each gram of marijuana, or each portion of a gram, Three Dollars and fifty cents ($3.50); and
2. On each gram or portion of a gram of a controlled dangerous substance, other than marijuana, Two Hundred Dollars ($200.00); or
3. On each fifty (50) dosage units or portion thereof, of a controlled dangerous substance, that is not sold by weight, other than marijuana, One Thousand Dollars ($1,000.00).
For the purpose of calculating the tax pursuant to this section, a quantity of marijuana or other controlled dangerous substance is measured by the weight of the substance whether pure, impure or dilute, or by dosage units when the substance is not sold by weight, in the possession of the dealer. A quantity of a controlled dangerous substance is dilute if it consists of a detectable quantity of pure controlled dangerous substance and any excipients or fillers. §68-450.2
Failure to Have Tax Stamp Affixed - Definition
The tax levied by Section 2 of this act shall be paid by affixing stamps in the manner and at the time herein set forth.
When a dealer purchases, acquires, transports, or imports into this state a controlled dangerous substance on which a tax is levied by Section 2 of this act, the dealer shall have the stamp affixed on the controlled dangerous substance immediately after receiving the controlled dangerous substance. Each stamp may be used only once.
Taxes imposed upon controlled dangerous substances by Section 2 of this act are due and payable immediately upon acquisition or possession of a controlled dangerous substance in this state by a dealer.
It is the intent and purpose of this act that no dealer shall possess any controlled dangerous substance upon which a tax is imposed by Section 2 of this act unless the tax has been paid on the controlled dangerous substance as evidenced by a stamp issued by the Commission. 68 O.S. 450.3
Failure to Have Tax Stamp Affixed - Punishment
Any dealer violating the provisions of this act, except Section 450.9 of this title, shall pay a civil penalty of one hundred percent (100%) of the amount of the tax levied in addition to the actual tax levied.
Any dealer manufacturing, distributing, producing, shipping, transporting, importing or possessing any controlled dangerous substance without affixing the appropriate stamp, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a maximum of five (5) years or by the imposition of a maximum fine of Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.
Nothing in this act may in any manner provide immunity for a dealer from criminal prosecution pursuant to Oklahoma law. 68 O.S. 450.8
Drug Crimes - Misdemeanors
Public Intoxication - Drugs
Drug Crimes - Felonies
Failure to Have Tax Stamp Affixed
Drug Crimes - FAQs
Failure to Have Tax Stamp Affixed Litigation Expertise
Don’t settle for the quick plea on Drug Crime charges in Oklahoma. There are many ramifications to even taking a misdemeanor plea to probation. When defending drug charges, it is necessary to obtain experienced and aggressive representation who is willing to question whether there was probable cause for the stop, whether the search may have breached your constitutional rights, and based on case law you may not have been in possession of the contraband. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense attorney the greater the stress and the greater the advantage to the prosecution.