OKC Drug Defense Lawyer: Protecting Your Future and Freedom.

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Oklahoma Drug Charges Overview

Possession of Controlled Dangerous Substances

Possession of a Controlled Dangerous Substances With Intent to Distribute

Possession of Drug Paraphernalia

Manufacturing Controlled Dangerous Substances

Aggravated Manufacturing of Controlled Dangerous Substances

Drug Trafficking

Maintaining a Place Where Drugs are Kept

Distribution

Drug Schedules in the United States

Resources

Drug crimes are taken seriously by prosecutors in Oklahoma, from simple possession to complex drug trafficking and racketeering schemes. A large percentage of state prisoners in Oklahoma are incarcerated based on drug crimes. Facing drug charges can affect multiple aspects of your life, including your freedom, finances, and your future. Drug charges carry more than a potential prison sentence; they potentially carry heavy fines, difficult probation, and a complex counseling and or treatment program.

The first step to help your criminal drug charges in Oklahoma is to hire an experienced Oklahoma criminal defense attorney. CANNON & ASSOCIATES is dedicated to Fierce Advocacy for those facing criminal drug prosecution. Once you have hired an Oklahoma Criminal Defense Attorney, you can begin to build your defense and tell your story.

Why You Need a Drug Crime Lawyer for Trafficking & Other Drug-Related Criminal Charges

Unfortunately, the harshest punishment in drug cases is often the lasting effect on your record and career. A conviction may appear on background checks and make it difficult to obtain employment, loans, and professional licenses. It is essential to obtain quality legal representation from an Oklahoma drug crime defense attorney who has helped hundreds of clients obtain the best possible outcome in their particular circumstance.

You need an experienced attorney who will fight for you, if you have been arrested, charged, or you are being investigated. Drug charges in Oklahoma come in many forms, and each case and or charge requires a different approach. All the charges can be found in Title 63 of the Oklahoma Statutes:

• Possession Controlled Dangerous Substance
• Possession Controlled Dangerous Substance within 1000 feet of a school or park
• Possession with Intent to Distribute
• Possession Controlled Dangerous Substance Proceeds
• Trafficking Controlled Dangerous Substances
• Aggravated Trafficking Controlled Dangerous Substance
• Maintaining a Dwelling where Possession with the Intent to Manufacture
• Manufacturing Controlled Dangerous Substances
• Possession with Intent to Distribute Imitation Controlled Dangerous Substance
• Conspiracy to Distribute a Controlled Dangerous Substance

Prior to July of 2017, you would be charged with a felony for possession even a very small amount of certain controlled substances. This was true, even with no prior criminal record. However, after this update to drug laws in Oklahoma, simple possession in Oklahoma became a misdemeanor offense, even if you have prior felony charges or convictions for possession of drugs. Possession now carries up to one year in jail and up to a $1,000 fine for first time offenders.

Possession with Intent to Distribute drugs is still a felony, which carries prison time. Whenever an individual is arrested with an amount of drugs law enforcement believes is more than an amount for personal use and or the person has drug paraphernalia, such as multiple baggies, a scale, or other items that indicate dividing or selling drugs; a person will likely be arrested and charged with felony possession with intent to distribute. Being charged with this crime is very serious, and in addition to carrying large fines and collateral consequences, a defendant is faced with the potential of up to life in prison even on a first offense.

A commonly known term in drug crimes is trafficking drugs; however, the distinction between drug trafficking and distribution is often unclear to my clients. The primary difference between the two is, in trafficking cases the amount, or weight, of drugs is higher.

Possession of Controlled Dangerous Substances

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.

Oklahoma Statute

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;

2) possession;

3) of the controlled dangerous substance;

Oklahoma Jury Instruction #6-6.

Possession of a Controlled Dangerous Substances With Intent to Distribute

Possession of Controlled Dangerous Substances with Intent to Distribute means to deliver other than by administering or dispersing a controlled substance, as well as the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance, whether or not there is an agency relationship.

Unfortunately, with simply possession charges becoming misdemeanor offenses; more and more people are being charged with Possession with Intent to Distribute or PWI offenses. 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.

Oklahoma Statute

The statute for Possession of Controlled Dangerous Substances with Intent to Distribute is OKLA. STAT. tit. 63 § 2-401, which states “To distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance; to create, distribute, transport with intent to distribute or dispense, or possess with intent to distribute, a counterfeit controlled dangerous substance; or to distribute any imitation controlled substance, except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services.”

Elements of the Crime

In order to be convicted of Possession of Controlled Dangerous Substances with Intent to Distribute 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:

1) knowingly or intentionally;

2) distributing, transporting with the intent to distribute, soliciting to use, or using the services of a person less than 18 years old to cultivate, distribute, manufacture or attempt to manufacture;

3) the controlled dangerous substance.

Oklahoma Jury Instruction #6-2.

Possession of Drug Paraphernalia

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.

Manufacturing Controlled Dangerous Substances

Manufacturing Controlled Dangerous Substances means to make or produce certain drugs on a large scale, usually requiring some kind of machinery or industrial production. Facing felony drug manufacturing 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.

Oklahoma Statute

The statute for Manufacturing Controlled Dangerous Substances is OKLA. STAT. tit. 63 § 2-401, which states “Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance or possess any substance listed in Section 2-322 of this title or any substance containing any detectable amount of pseudoephedrine or its salts, optical isomers or salts of optical isomers, iodine or its salts, optical isomers or salts of optical isomers, hydriodic acid, sodium metal, lithium metal, anhydrous ammonia, or organic solvents with the intent to use that substance to manufacture a controlled dangerous substance.”

“Any person, upon conviction, violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance in the following amounts:

• 1 kilogram or more of a mixture or substance containing a detectable amount of heroin,
• 5 kilograms or more of a mixture or substance containing a detectable amount of: (1) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed, (2) cocaine, its salts, optical and geometric isomers, and salts of isomers, (3) ecgonine, its derivatives, their salts, isomers, and slats of isomers, or (4) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (1) through (3) of this paragraph,
• 50 grams or more of a mixture or substance described in subparagraph (2) of paragraph b which contains cocaine base,
• 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
• 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
• 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- propanamide,
• 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana or 1000 or more marihuana plants regardless of weight, or
• 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a dectable amount of methamphetamine, its salts, isomers, or salts of its isomers,

is guilty of aggravated manufacturing a controlled dangerous substance punishable by imprisonment in the State Penitentiary for not less than twenty (20) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any person convicted of a violation of the provisions of this paragraph shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole.

Elements of the Crime

In order to be convicted of Manufacturing Controlled Dangerous Substances 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:

1) knowingly or intentionally;

2) manufacture or attempt to manufacture;

3) the controlled dangerous substance.

Oklahoma Jury Instruction #6-3.

Aggravated Manufacturing of Controlled Dangerous Substances

Aggravated Manufacturing of Controlled Dangerous Substances means to make or produce certain drugs on a large scale, usually requiring some kind of machinery or industrial production. Manufacturing the controlled dangerous substances becomes aggravated when it is produced in a large quantity and is therefore seen as being more serious crime.

Oklahoma Statute

The statute for Aggravated Manufacturing of Controlled Dangerous Substances is OKLA. STAT. tit. 63 § 2-401, which states, any person, upon conviction, violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance in the following amounts is guilty of aggravated manufacturing a controlled dangerous substance:

• 1 kilogram or more of a mixture or substance containing a detectable amount of heroin,
• 5 kilograms or more of a mixture or substance containing a detectable amount of: (1) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed, (2) cocaine, its salts, optical and geometric isomers, and salts of isomers, (3) ecgonine, its derivatives, their salts, isomers, and slats of isomers, or (4) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (1) through (3) of this paragraph,
• 50 grams or more of a mixture or substance described in subparagraph (2) of paragraph b which contains cocaine base,
• 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
• 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
• 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- propanamide,
• 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana or 1000 or more marihuana plants regardless of weight, or
• 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a dectable amount of methamphetamine, its salts, isomers, or salts of its isomers,

Being found guilty of this offense is punishable by imprisonment in the State Penitentiary for not less than twenty (20) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any person convicted of a violation of the provisions of this paragraph shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole.

Elements of the Crime

In order to be convicted of Aggravated Manufacturing of Controlled Dangerous Substances 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:

1) knowingly or intentionally;

2) manufacture or attempt to manufacture;

3) the controlled dangerous substance identified in the statute above.

Oklahoma Jury Instruction #6-3C.

Drug Trafficking in Oklahoma City

In the state of Oklahoma, there are few charges as serious as drug trafficking charges. If you are charged with drug trafficking, you may be prosecuted under both state and federal laws. The penalties given for such crimes can be severe and unforgiving and without the help of an experienced criminal defense attorney, you might be facing a long time behind bars. A knowledgeable Oklahoma City drug trafficking attorney will be able to explain the severity of these charges and the effect that they can have on the rest of your life.

Drug trafficking in Oklahoma, as is the case in most states, is dependent upon a threshold or minimum amount or weight of drugs that law enforcement believes can be tied directly to a single defendant. The volume amounting to Trafficking for some of the most common drugs is as follows:

• Marijuana: 25 pounds
• Methamphetamine: 20 ounces
• Cocaine: 28 grams
• Heroin: 10 grams
• Ecstasy or MDMA: 10 grams or 30 pills
• Hydrocodone: 3,750 grams
• Oxycodone: 400 grams
• Morphine: 1,000 grams
• LSD or Acid: 1 gram
• Benzodiazepine: 500 grams

The exact penalty for drug trafficking and distribution depends on the specific type of drug and amount or volume of drugs involved. The penalty can include up to life in prison for these offenses and up to half-a-million dollar fine. Click here to learn more specific information about drug trafficking charges and how to fight them.

What is Drug Trafficking

Unlawfully manufacturing illegal drugs, selling or transporting illegal drugs, or importing illegal drugs are all forms of drug distribution, commonly known as drug trafficking. Drug trafficking is a similar crime to possession, in which someone has been found in possession of an illegal drug or substance they intend to use personally. For the charges to become trafficking, the person must knowingly mean to transport or sell the drugs. Certain circumstances can lead to a higher chance of being charged for aggravated trafficking over possession, such as being found with weighing scales or bundles of cash.

Why is Drug Trafficking a Federal Crime?

While drug trafficking is a serious crime under both state and federal laws, under federal law (21 U.S.C. § 841) “it is a crime for any person “knowingly or intentionally– (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.” Following this statute means that the crime of drug trafficking can even be used to charge someone who is simply in possession of a certain amount of controlled substance or more. It doesn’t even matter if the substance was never sold or distributed.

Criminal Penalties For Federal Drug Trafficking Offenses

The state of Oklahoma has its own laws regarding the punishment for drug trafficking cases as does the federal government. Normally, people convicted of drug trafficking offenses on a federal level will be charged depending upon the volume of drugs they were caught trafficking. These sentences may be raised if the defendant has a history or a felony offense on their record.

It isn’t just long prison sentences and expensive fines you might have to deal with either. There could be a seizure and forfeiture of all assets that may be related to the operation. This means bank accounts could be seized, as well as properties and vehicles.

Finally, there may be immigration consequences, including deportation after the sentence.

Drug Trafficking Defense Strategies

Whether you are fighting drug trafficking charges in Oklahoma City, or on a federal level there are a number of ways that you can defend against a decision that could influence the rest of your life.

Your criminal defense law firm will know all of these strategies and will employ the one that is most likely to work. They may use this defense to have the charges dropped and the case thrown out or they may use the defense to get you reduced sentencing or the charges dropped to a lower offense. They may also negotiate a plea deal on your behalf.

Here are some of the potential defenses that your law firm may use to fight your drug-related charges:

• The prosecution cannot prove beyond reasonable doubt that you were trafficking the controlled dangerous substance.
• The prosecution used an illegal search to provide their evidence.
• You had no knowledge of the drugs.
• There was no probable cause to arrest you.
• You were entrapped.
• You weren’t in possession of the controlled dangerous substances.
• You believed the substance was legal.

How to Beat a Trafficking Charge: Advice From an Oklahoma City Drug Lawyer.

The United States is facing a serious drug epidemic, one that seems to get worse every year. In response to this, the federal government has become more and more zealous in its prosecution of any aggravated trafficking crimes. This makes it even more important to hire strong and aggressive representation to fight back. The federal prosecutors need to prove beyond reasonable doubt that you committed the crimes they are accusing you of committing.

Remember, to win their case they need to prove that:

• You 100% knowingly possessed the substance.
• You were 100% involved in the sale, transportation, or importation of the substance.

The term “possess” means that you had full control over the drugs. For “distribution” they must be able to prove that you actually tried or attempted to try to distribute the drugs according to the illegal drugs act.

Distribution

No minimum or maximum amounts are set forth in Oklahoma statutes to quantify distribution of drugs. Rather, it is primarily a totality of the circumstances analysis, meaning if a prosecutor believes you may be sharing drugs or selling drugs then you will be charged with distribution.

Maintaining a Place Where Drugs Are Kept

Maintaining a Place where Drugs are Kept requires the defendant to have control, ownership, or management of the residence, structure, or vehicle, as distinguished from other persons resorting to it to buy/use controlled dangerous substances in violation of the law. A conviction of the crime of maintaining a place where controlled dangerous substances are kept requires that the activity giving rise to the charge must be more than a single, isolated activity. Rather, the term implies an element of some degree of habitualness.

A conviction of the crime of maintaining a place where controlled dangerous substances are kept requires that a substantial purpose, and not necessarily the sole purpose, of the residence, structure, or vehicle is for the keeping or selling of controlled dangerous substances, or the using of by persons resorting to the place for using controlled dangerous substances in violation of the law. The mere possession of limited quantities of a controlled dangerous substance by the person keeping or maintaining the residence, structure, or vehicle for that person’s personal use within that residence, structure, or vehicle is insufficient to support a conviction of the crime of maintaining a place where controlled dangerous substances are kept.

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.

Oklahoma Statute

The statute for Maintaining a Place where Drugs are Kept is OKLA. STAT. tit. 63 § 2-404, which states “To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled dangerous substances in violation of this act for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this act.”

Elements of the Crime

In order to be convicted of Maintaining a Place where Drugs are Kept 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) knowingly or intentionally;

2) keeping or maintaining;

3) any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or place;

4) where persons using controlled dangerous substances in violation of the law often, customarily, generally go for the purpose of using such substance or used for the keeping or selling of controlled dangerous substances in violation of the law.

Oklahoma Jury Instruction #6-12.

Drug Schedules in the United States

All drugs, whether inherently legal or illegal, fall under one of five Drug Schedules determined by the Drug Enforcement Agency of the United States, the DEA. This list includes the most dangerous illegal drugs all the way down to common prescription medicine.

Schedule I: this category of drugs has no “federally accepted” medicinal purpose and has the highest potential for drug abuse. This category includes drugs such as: marijuana, heroin, LSD (acid),MDMA (ecstasy), mushrooms, and many more.

Schedule II: this category of drugs has minimal accepted medical purposes and those that are accepted are highly regulated due to the highly likelihood for abuse of this schedule of drugs, including: cocaine, morphine, codeine, other opioids, other painkillers, and opium.

Schedule III: this category is the middle ground with a moderate risk of abuse and more commonly accepted medical purposes than Schedule II. Some of the drugs falling under Schedule III are hormones, narcotic compounds, anabolic steroids, and barbiturates.

Schedule IV: this category includes drugs with very common medical purposes with little risk of abuse, such as Ambien, Ephedrine, Klonopin, Valium, and Xanax.

Schedule V: this category is reserved for drugs, which the DEA believes has very little likelihood of abuse, i.e. these drugs are not stimulants or depressants and contain a low amounts of narcotics. Another often overlooked and widely contested area of drug defense is possession of drug proceeds. Anything law enforcement believes is purchased from the sale of drugs can be categorized as drug proceeds, including but not limited to the following: homes, cars, motorcycles, televisions, electronics, drug paraphernalia, items used in the creation or storage of drugs, equipment used in the cultivation, production, or transportation of drugs, as well as your money, whether cash or in a bank account.

Drug Proceeds

In order to be charged and convicted of possession of drug proceeds, the prosecution must prove a connection between the item of value and drugs. Specifically, knowingly acquiring, receiving goods, or derived from a violation of the Dangerous Substance Act. These charges are subject to overreach and an experienced defense attorney can hold the government to its burden and help you. As discussed in other pages of this website, the prospect of obtaining a positive result in criminal cases involving drug charges is greatly increased with hiring criminal defense counsel with experience defending drug cases.

Treatment

Additionally, participating in the most appropriate treatment or rehabilitation program, while your case is pending, will increase the likelihood of obtaining a positive outcome in your case. There are a variety of diversion options and treatment programs available for drug offenses. Please visit our page on Diversion Programs in Oklahoma for more information.

What Can Our Drug Defense Lawyers Do if You’re Arrested for Drug Trafficking or Other Drug Crimes in Oklahoma City?

When facing criminal charges in Oklahoma; threatening your future, finances, and freedom, contact CANNON & ASSOCIATES in Oklahoma City for your defense. Our firm will do everything possible to defend your freedom and your future. You have the right to the presumption of innocence and representation by the best criminal defense attorney you can find. Our firm will help you throughout the process and help you reach the best possible outcome in your case, including Diversion Programs. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your criminal case.

Free Resources from OKC Criminal Defense Attorneys: 

Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:

• YouTube page
• Criminal Defense FAQ page 
• Website

Have you been charged with a serious crime? Have you been arrested? Got warrants?!  Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you are located in Oklahoma City, Edmond, Norman, Yukon, Mustang, The Village, Moore, or Midwest City, contact us today by calling 405-591-3935. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case! 

John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges, as evidenced by receiving the highest possible AVVO rating – 10 (superb).

Contact CANNON & ASSOCIATES today.