I. Penalties of Drug Offenses in Oklahoma
The penalty for drug offenses depend on a few factors. The important ones are: How much of the drug one had and what the accused was doing with the drugs. I.E. Selling, personal use, etc. Contrary to the past, the kind of drug does not play a major role.
Most simple drug possession charges are considered a misdemeanor.
II. Possible Defenses for Drug Possession Charges
With these charges, the states has to prove beyond a reasonable doubt, that you knowingly and willingly committed this crime. That leaves a lot of room for your defense. Following are examples of common defense tactics.
- You did not have possession of the CDS.
- You did not know the CDS was present.
- You did not have access or control of the CDS.
- The weight requirement has not been proven.
III. Should I hire an Attorney?
There are several ways to defend against a charge of drug possession. Unlawful or illegal search and seizure, the drugs belong to another person, missing evidence, or duress or coercion such as being forced to carry or hold drugs for someone else, are among the most common defenses.
Keep in mind, the medical use of marijuana is never a defense in federal court but may be in states where medical marijuana has been legalized. States with such exceptions to marijuana laws typically require a doctor’s signed recommendation.
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