POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE
John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible. - Holly Rose
There are two kinds of possession: actual and constructive. Actual possession is when a person knowingly has direct, physical control over a thing at a given time. A person who is not in actual possession but knowingly has power and the intention to exercise dominion or control over a thing at a given time has constructive possession. Both are prohibited by the law.
Possession can also be sole of joint. One person who has actual or constructive possession of a thing is the sole possessor. However, if two or more people share actual or constructive possession of something, they are joint possessors. A person may be deemed to be in joint possession of a controlled dangerous substance which is in the physical custody of an associate if he/she willfully and knowingly shares with that other person the right to control the disposition or use of such substance.
Possession of a Controlled Dangerous Substance is no longer in and of itself a felony; however, there are serious penalties and costs that can result from these charges, including difficult probation or up to one (1) year in jail. It is important you hire a experience Oklahoma Drug Defense lawyer to help you with your case.
The statute for Possession of a Controlled Dangerous Substance is OKLA. STAT. tit. 63 § 2-402, which states “It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this act. It shall be unlawful for any person or business to sell, market, advertise or label any product containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of stimulation, mental alertness, weight loss, appetite control, muscle development, energy or other indication which is not approved by the pertinent federal OTC Final Monograph, Tentative Final Monograph, or FDA-approved new drug application or its legal equivalent. In determining compliance with this requirement, the following factors shall be considered: the packaging of the product, the name of the product, and the distribution and promotion of the product, including verbal representations made at the point of sale.”
Elements of the Crime
In order to be convicted of Possession of a Controlled Dangerous Substance in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove that:
1) knowing and intentional;
3) of the controlled dangerous substance;
Oklahoma Jury Instruction #6-6.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Possession of a Controlled Dangerous Substance in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.