POST-CONVICTION DEFENSE ATTORNEY IN OKLAHOMA CITY

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Possession of Drug Paraphernalia means any kind of equipment, products, or material that are used or intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.

Possession of Drug Paraphernalia charges are rarely charged without accompanying drug charges; however, it is important to understand what Possession of Drug Paraphernalia means in Oklahoma. Additionally, facing felony drug charges is very serious and it is important to know the criminal defense attorney you hire is experienced in defending drug charges, specifically suppression issues, the Fourth Amendment, and holding police to the burden of lawful conduct.

Drug Paraphernalia includes the following under Oklahoma law:

  • kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
  • kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances,
  • isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance,
  •  testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances,
  •  scales and balances used or intended for use in weighing or measuring controlled dangerous substances,
  • diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances,
  • separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana,
  • blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances,
  • capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances,
  • containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body,
  •  hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body, and
  • objects used or intended for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls, water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand, miniature cocaine spoons and cocaine vials, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, or ice pipes or chillers;

Provided, however, the term "drug paraphernalia" shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation or pipes designed for smoking tobacco.

Oklahoma Statute

The statute for Possession of Drug Paraphernalia is OKLA. STAT. tit. 63 § 2-405, which states “B. No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy. No person shall deliver, sell, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act. Any person eighteen (18) years of age or over who violates subsection C of this section by delivering or selling drug paraphernalia to a person under eighteen (18) years of age shall, upon conviction, be guilty of a felony.”

Elements of the Crime

In order to be convicted of Possession of Drug Paraphernalia 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 ONE OF THE FOLLOWING:

1) knowingly or intentionally;

2) using or possessing drug paraphernalia;

3) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body;

4) the controlled dangerous substance

OR

1) delivering, possessing, or manufacturing drug paraphernalia;

2) knowing that it was to be used;

3) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body;

4) the controlled dangerous substance

OR

1) delivering drug paraphernalia;

2) to a person under 18 years old;

3) who was at least 3 years younger than the defendant;

4) knowing that it was to be used;

5) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body;

6) the controlled dangerous substance

Oklahoma Jury Instruction #6-7.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Possession of Drug Paraphernalia 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.


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