The new Four Strike Law in Oklahoma comes form Oklahoma House Bill 2153, which makes substantial changes to Oklahoma’s possession of drugs or possess of CDS offenses. The Four Strike Law, as discussed in detail below, aims to seriously increase the punishment for criminal defendants facing drug charges in Oklahoma that have a criminal history.
What are the Penalties for Drug Crimes in Oklahoma?
Oklahoma has a sorted past regarding drug crimes and their prosecution. Up until recent criminal justice reform in Oklahoma, it was a felony to possess personal use amounts of all illegal drugs, other than marijuana, regardless of whether or not you have a criminal record. Stated another way, an individual with no criminal history would face up to ten years in prison for their first allegation of possessing illegal drugs in Oklahoma.
Oklahomans with a criminal record often faced up to Life in Prison for simple possession of drugs, including one gram of drugs or the weight of an individual sugar packet.
These harsh consequences, especially for repeat offenders or drug addicts resulted in sentences of five, ten, twenty years or even longer prison sentences for personal possession of illegal drugs, if you have a criminal past.
What were the Possession of CDS Penalties before Four Strikes Law in Oklahoma?
As stated above, prior to the most recent amendments, simple possession crimes could carry up to life in prison for those with a criminal record. The possession of CDS penalties in Oklahoma were amended recently to cap the punishment at one-year in jail, i.e. a misdemeanor offense only for possession of CDS, regardless of a person’s criminal history.
Stated another way, under the laws in effect prior to the Four Strikes Law in Oklahoma, a person with multiple prior convictions for Possession of CDS, Possession with Intent to Ditribute Drugs, or Trafficking in Drugs, would face one-year in jail as a maximum punishment, if they were charged with simple possession of CDS.
As a response to the relaxed punishment or revision to the sentencing laws related to Drug Possession, prosecutors across Oklahoma found ways to change substantially more defendant’s with Possession with Intent to Distribute Drugs (PWI) or a felony offense, which continued to expose drug users or defendants facing drug charges to felonies and/or lengthily prison sentences.
Our Oklahoma drug crime defense attorneys have fought for clients for years and will continue to fight for Oklahomans as Your Fierce Advocates, whatever the Legislature does regarding sentencing for drug offenses. CALL NOW, if you or a loved one are facing drug charges in Oklahoma (405) 657-2323, for a free case strategy session and to have your questions answered. Otherwise, read on to learn more about Oklahoma’s new Four Strike Law.
4 Strikes Law in Oklahoma
The Oklahoma Four Strike Bill, HB 2153, is a step back from the reduced sentences available for many drug possession offenses. It is the Legislature’s response to the District Attorney Council (DAC) and other interest groups arguments that our drug laws are now too lenient and those that should serve prison sentences are recieving misdemeanor convictions and jail time, with which our team at Cannon & Associates adamantly disagrees.
Prior to the Four Strike Bill, those charged with possession of CDS in Oklahoma faced misdemeanor charges, regardless of their criminal history. A fact, which we believe resulted in great treatment opportunities and reduced over population and over investing in the prison industry.
However, the new Four Strikes Law unfortunately returns Oklahoma to exposing some defendant’s facing simple drug possession charges, for personal use amount of drugs only to facing felony charges and prison sentences.
The new law leans Oklahoma’s drug crimes punishments back towards the punitive end of criminal justice related to drug crimes. Fortunately, an enhancement must occur prior to a possession of CDS charge resulting in a felony. The “Four Strike Law’s Enhancement Process” is detailed below, which follows four (4) steps, which does not apply to possession of marijuana in Oklahoma.
Oklahoma’s Four Strike Law Punishment Enhacement Process
The prior long standing punishment for Possession fo CDS after prior conviction in Oklahoma automatically exposed a person to a felony charge and up to ten years in prison. When a defendant had a prior drug crime enhancement, other offenses, could make simple possession of drugs carry up to life in prison. Fortunately, the new Four Strike Law does not come with the risk of years in prison, but can turn misdemeanor drug charges into a felony:
First Offense under Oklahoma’s Four Strike Drug Possession Law
A first offense of possession of drugs in Oklahoma remains a misdemeanor, which carries up to one year in county jail and the related consequences of treatment, probation, community service, a potential conviction, and great expense to a person’s time, money, and reputation for facing the criminal justice system.
Second Offense under Oklahoma’s Four Strike Drug Possession Law
A Second or subsequent conviction for possession of drugs, within 10 years of the prior drug case, is still charges as a misdemeanor. However, the judge over the drug offense has the power to Order you to complete a drug assession and substance abuse program, which may include Drug Court. For those unaware, Drug Court is an intensive treatment court program with weekly meetings, multiple requirements outside of court, and drug testing, usually at your expense, for up to one year.
Additionally, the judge over your second or subsequent drug charge may Order drug diversion programs for as long as one year, which may come with probation requirements greater than those stated above, which may have a substantial cost to your time, money, and reputation for being present and/or seen at these treatment meetings and court appearances.
Third Offense under Oklahoma’s Four Strike Drug Possession Law
A third possession of CDS offense, within 10 years, requires you to serve thirty (30) days in jail. You may also be required to serve up to three (3) years on probation. The judge may Order you to complete intensive outpatient treatment as well as all the requirements stated in the previous two sections. If it is not obvious, these consequences may have lifelong impacts on you and your family with the risk of being in jail for a month, plus the intensive requirements of probation for three years.
Fourth Offense under Oklahoma’s Four Strike Drug Possession Law
Under the Four Strike Law, the fourth offense is the point at which the maximum consequence under Oklahoma’s Drug Possession laws happens. So long as the fourth offense is within the ten year look back period, it will be charged as a felony offense; however, the maximum punishment remains one year in jail.
Fortunately, the Legistlature has not returned to the punitive approach of those with multiple drug possession offenses facing life in prison. However, the risk of the stigma from a felony conviction and all the secondary consequences from a felony are a risk for those with a fourth possession of CDS offense.
It is possible to have the initial felony charge for a fourth possession of CDS reduced to a misdemeanor. However, it will require you or your Oklahoma drug lawyer to convince the prosecution to reduce your charge to a misdemeanor.
Get Answers to Your Questions Now
Don’t face Oklahoma drug possession laws and potential consequences alone. It is importantly to work with an experienced Oklahoma drug lawyer to maximize your chances of minimizing the consequences of your Oklahoma drug possession charges.
This article only touches on a few highlights of the new Oklahoma drug possession laws. The nuances of facing drug charges in Oklahoma warrant the investment to work with an experienced drug defense attorney.
Whether you are ready to beginning fighting for your future or not, contact our office for a free confidential case strategy session and to get your questions answered by our team of Your Fierce Advocates. Call Cannon & Associates at (405) 657-2323 now or click here to submit your legal questions.