Drug Possession
Drug possession charges can have serious consequences, even when the allegation involves a relatively small amount of a controlled substance. A strong defense begins with examining what was found, where it was found, how law enforcement obtained it, and whether the State can actually prove possession.
Attorney Alexa Smart represents clients facing drug possession charges in Oklahoma City and throughout Oklahoma. A Smart Defense provides personalized representation focused on the evidence, the circumstances of the arrest, and the best path forward.
OKLAHOMA DRUG LAWS
Drug Possession Laws in Oklahoma
Oklahoma law prohibits the unlawful possession of a controlled dangerous substance, commonly referred to as CDS.
Simple possession in Oklahoma is generally a misdemeanor. More serious drug allegations, including possession with intent to distribute and trafficking, are charged as felonies.
Cases involving possession of CDS in Oklahoma can include illegal drugs as well as prescription medications possessed without lawful authorization.
KNOWLEDGE AND CONTROL
Possession Does Not Always Mean Drugs Were Found on You
A person can be accused of possessing drugs even when the drugs were not found directly on them.
When drugs are discovered in a shared vehicle, residence, or other common area, an important issue is whether the State can prove the accused knew the drugs were there and exercised control over them.
The presence of drugs near someone does not, by itself, establish knowing possession.
LICENSED DOESN'T MEAN UNLIMITED
Marijuana Possession in Oklahoma
Oklahoma allows medical marijuana for licensed patients, but possession outside the protections of state law can still result in criminal charges.
Cases involving possession of marijuana in Oklahoma may depend on licensing status, the amount possessed, where the marijuana was found, and other circumstances surrounding the alleged offense.
LONG-TERM CONSEQUENCES
Methamphetamine Possession in Oklahoma
Methamphetamine possession can carry consequences beyond the immediate criminal case.
A qualifying disposition involving methamphetamine possession can require placement on the Oklahoma Methamphetamine Offender Registry. Oklahoma law includes convictions, suspended sentences, and deferred sentences for qualifying methamphetamine offenses within the registry requirements.
Because registration can create consequences that continue after the criminal case is resolved, it is important to consider both the immediate charge and the potential long term effects of a methamphetamine case.
If you are facing a possession charge, a drug possession lawyer in OKC can review the evidence, the actions of law enforcement, and the State's ability to prove the case.
A Smart Defense represents clients facing drug possession charges in Oklahoma City and throughout Oklahoma.
Contact A Smart Defense to speak directly with Alexa about your case.
BUILDING YOUR DEFENSE
Defending a Drug Possession Case
Drug possession cases often involve both the evidence itself and the manner in which law enforcement obtained it.
Potential defense issues may include:
A drug possession attorney in Oklahoma City can examine the State's evidence, challenge unlawful police conduct, and determine whether prosecutors can establish each element of the charge.
DEFENSE STRATEGIES
What Can Make a Drug Possession Charge More Serious?
Factors that can affect how a drug case is charged include:
Larger quantities of certain controlled substances may result in trafficking charges rather than simple possession.
WORKING WITH ALEXA SMART
Your Attorney, Not a Case Manager
When you hire A Smart Defense, you hire your attorney — not a case manager, not a junior associate, and not someone you have never met. Alexa Smart handles the legal work on every case herself: reviewing the evidence, building the strategy, and making the calls that matter, from the initial consultation through resolution.
Criminal charges are personal. Your defense should be too.
DRUG POSSESSION FAQS
Frequently Asked Questions About Drug Possession
Is drug possession a felony in Oklahoma?
Simple drug possession is generally a misdemeanor. Possession with intent to distribute and trafficking are felony offenses.
What is constructive possession?
Constructive possession generally refers to circumstances in which drugs are not found directly on a person but the State alleges that the person knew about and exercised control over them.
What is a controlled dangerous substance?
A controlled dangerous substance, or CDS, is a substance regulated under Oklahoma's drug laws. This includes illegal drugs as well as certain prescription medications.
What if the drugs belonged to someone else?
When drugs are found in a shared vehicle, home, or other location, the State must still prove the required connection between the accused and the drugs. Another person's access to or ownership of the drugs can be important to the defense.
Can a drug possession charge be expunged?
Some drug possession cases may eventually qualify for expungement. Eligibility depends on the disposition of the case, criminal history, applicable waiting periods, and other statutory requirements.
Can police search my car for drugs?
Whether police were legally permitted to search a vehicle depends on the circumstances. If drugs were discovered through an unlawful search or seizure, the defense may challenge the admissibility of that evidence. Never agree to a voluntary search of your property. Always politely decline.
Drug Possession Defense in Oklahoma
A Smart Defense represents clients in drug possession cases across Oklahoma, from the Oklahoma City metro area and beyond including Oklahoma City, Edmond, Norman, Moore, Midwest City, and the surrounding communities of central Oklahoma.
For serious drug possession charges, A Smart Defense accepts cases statewide.