Marijuana Charges in Oklahoma
Last year Oklahoma joined 46 other states in legalizing some types of medical marijuana. The state now allows for the use of specific marijuana derivatives, particularly compound cannabidiol oil, to help treat children and adults who suffer from seizures. Oklahoma’s current law is limited, but it paves the way for more research and clinical trials regarding marijuana products as treatment for other conditions in the future. But as more states move forward with medical and recreational marijuana legislation, it is important for you to understand your rights when it comes to this drug. Personal marijuana use remains illegal throughout Oklahoma and being caught with this drug can lead to a criminal record and jail. If you were charged with possessing or selling marijuana, contact the experienced Oklahoma City criminal law attorneys of Brown & Gould, PLLC. We provide aggressive representation for our clients facing criminal charges. We will build you a strong defense and fight to win you the best possible outcome.
Marijuana Remains a Schedule I Drug
Under Oklahoma statute 63-2-401, it is illegal for any person to distribute, dispense, transport, or possess a controlled dangerous substance. While you may not personally consider marijuana a dangerous substance, it is still categorized as a Schedule I controlled substance. This means it is viewed by law enforcement as having a high potential for abuse with no accepted medical use. Other Schedule I drugs include heroin, LSD, Ecstasy, GHB, Mescaline, and Quaaludes.
Consequences of Marijuana Offenses
If you are found to have marijuana in your possession, you can be sent to jail for up to 1 year and fined up to $1,000. Previously, a second offense for marijuana possession resulted in a harsh sentence, but a new law that goes into effect November 1, 2016 will make the mandatory minimum sentence for a second offense only 1 year with a maximum of 5 years as well as a $5,000 fine.
If you sold or transported marijuana with the intent to sell or distribute it, then you will likely be charged with a felony, punishable by at least 2 years in prison and a $20,000 fine. If it is your first offense, you may be eligible for probation. However, if it is a subsequent offense you are not eligible for a suspended sentence, deferred sentence, or probation. Also, the larger the amount of marijuana, the harsher the punishment. Many Oklahoma drug crimes can be punished with up to life in prison.
Brown & Gould, PLLC Can Defend You in Court
If you are facing a criminal charge for marijuana, do not try and face your trial alone. You need a strong criminal defense attorney on your side to argue for your innocence or fight for the minimum penalty available under the law. There is always some way to build a defense, even if the prosecutors make your situation seem hopeless. At Brown & Gould, PLLC, we will thoroughly review and analyze your case to ensure nothing is missed, and we will aggressively defend you in court.
Contact online, or call Brown & Gould, PLLC, at 405-235-4500 to schedule a free consultation.