Drug Crimes Frequently Asked Questions (FAQ) - Tulsa Trial Attorneys
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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.
What are the Controlled Dangerous Substances?
"Controlled dangerous substance" means a drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act or any drug, substance or immediate precursor listed either temporarily or permanently as a federally controlled substance. Any conflict between state and federal law with regard to the particular schedule in which a substance is listed shall be resolved in favor of state law. 63 O.S. 2-101
What are the Schedule I Drugs?
Some of the common schedule I drugs include: Heroin, MDMA, Ecstasy, GHB, Marijuana, Psilocybin, LSD, PCP, Synthetic Marijuana. 63 O.S. 2-204
Why are they considered Schedule I?
These drugs are considered Schedule I because they include the following characteristics:
1. High potential for abuse;
2. No accepted medical use in the United States or lacks accepted safety for use in treatment under medical supervision. 63 O.S. 2-203
What are the Schedule II Drugs?
Some of the common schedule II drugs include: Cocaine, Adderall, Opium, Opiates such as Morphine, Codeine, and other pain killers. 63 O.S. 2-206
Why are they considered Schedule II Drugs?
These drugs are considered Schedule II because they include the following characteristics:
1. high potential for abuse that could lead to sever psychological or physical dependence.
2. Currently accepted medical use in the United States under strict supervision. 63 O.S. 2-205
What are the Schedule III Drugs?
Some of the common schedule III drugs include: Hormones, certain Narcotic Compounds, Anabolic Steroids, and Barbiturates. 63 O.S. 2-208
Why are they considered Schedule III Drugs?
These drugs are considered Schedule III because they include the following characteristics:
1. A potential for abuse less than the substances listed in Schedules I and II;
2. Currently accepted medical use in treatment in the United States; and
3. Abuse may lead to moderate or low physical dependence or high psychological dependence. 63 O.S. 2-207
What are the Schedule IV Drugs?
Some of the common schedule IV drugs include: Ambien, Xanax, Klonopin, Valium, Benzodiazepines, and Ephedrine. 63 O.S. 2-210
Why are they Considered Schedule IV Drugs?
These drugs are considered Schedule IV because they include the following characteristics:
1. Low potential for abuse relative to substances listed in Schedule III;
2. Currently accepted medical use in treatment in use in the United States; and
3. Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III. 63 O.S. 2-209
What are the Schedule V Drugs?
Some of the common schedule V drugs include compounds or mixtures containing low amounts of narcotics. 63 O.S. 2-212
Why are they Considered Schedule V Drugs?
These drugs are considered Schedule V because they include the following characteristics:
1. Low potential for abuse relative to the controlled substances listed in Schedule IV;
2. Currently accepted medical use in treatment in the United States; and
3. Limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV. 63 O.S. 2-211
What is Considered Drug Paraphernalia?
"Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances,
c. isomerization devices used, intended for use, or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance,
d. testing equipment used, intended for use, or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances,
e. scales and balances used, intended for use, or fashioned specifically for use in weighing or measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or fashioned specifically for use in cutting controlled dangerous substances,
g. separation gins and sifters used, intended for use, or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana,
h. blenders, bowls, containers, spoons and mixing devices used, intended for use, or fashioned specifically for use in compounding controlled dangerous substances,
i. capsules, balloons, envelopes and other containers used, intended for use, or fashioned specifically for use in packaging small quantities of controlled dangerous substances,
j. containers and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
k. hypodermic syringes, needles and other objects used, intended for use, or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body,
l. objects used, intended for use, or fashioned specifically for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers, 63 O.S. 2-101
What is Drug Court?
Click here to learn about Drug Court!
What is Women in Recovery?
Women in Recovery (WIR) is an evidence-based alternative to incarceration program for women facing significant prison sentences in Tulsa County. The program, operated by Family and Children’s Services, offers more than a year of gender-specific, trauma-informed mental health and substance abuse treatment and comprehensive employment and family reunification services. WIR provides participants with an opportunity to successfully return to their families and communities. WIR has helped nearly 700 women and more than 1,400 children since 2009. Source
Drug Crimes - Misdemeanors
Possession of a Controlled Dangerous Substance
Possession of Drug Paraphernalia
Public Intoxication - Drugs
Drug Crimes - Felonies
Drug Crimes 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.