Illegal Possession of Drugs

Drug Defense Law

In most states the legal term CDS stands for Controlled Dangerous Substance and represents a list of non-prescription drugs that are illegal to manufacturer, sell or possess in the State that is bringing the criminal drug charge. These drugs include marijuana, cocaine and heroin as well as all the compounds used to make them and the penalties for sales and possession vary according to a schedule.

According to Oklahoma statute (63 Oklahoma Statute Ann. § 2-402(A)(1).), there are five tiers of severity of penalties for the possession of CDS. The first is the most severe and that designation is based on the drug having detrimental effects, such as probability of physical addiction and mental impairment, as well as the drug having no officially known medicinal benefit.

For first time offenders, Schedule I and II CDS mandate a minimum prison sentence of two years and/or a maximum sentence of five. Subsequent offenses carry a minimum of four years and a maximum of 20, and/or a fine if up to $10,000. Schedule III, IV and V CDS carry a prison sentence of up to one year in jail and/or a fine of $1000 with subsequent offenses carrying an increased penalty of at least two years in prison up to a maximum of 10 and/or a $5000 fine. (63 Okl. Stat. Ann. § 2-402(B)(2)

A special circumstance is taken into consideration when buying or possessing a CDS that can increase the applicable penalties or fines, That special circumstance is the buying of possessing of a CDS within 1000 feet of a school, a recreation area or public park, or within the vicinity of a person 12 years old or younger and that is to "double" the fines and prison sentences under Schedules 1 through 5.

For subsequent offenders the prison sentence will "triple" and there will be an additional $10,000 of fines tacked on. What this means is that if you are a second offender, and these special circumstance apply to your case, you could be looking at a maximum of 60 years in prison and fines of up to $25,000. If convicted, you will be required to serve at least 50% of your sentence before being eligible for parole.

Being charged and convicted of illegal possession of drugs in any state is a big problem for the person convicted of the crime. Whether it's a felony or misdemeanor drug charge the criminal record may cause you problems with securing certain employment and may follow you around for the rest of your life

Meagan Kerr writes wonderful articles about criminal law in Oklahoma. She has a splendid understanding of criminal defense and shares it with legal blogs and her web site. Her topics range from misdemeanor to felony drug charges. For more information go to http://tulsa-criminallawyers.com/

This article was published on 21 May 2015 and has been viewed 683 times
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