Drug Crimes Defense
Oklahoma drug laws have undergone significant changes in recent years, particularly with State Question 780. I stay current on evolving statutes so my clients receive informed, effective defense representation for drug charges at every level.
Drug Charges Under Oklahoma Law
Drug offenses in Oklahoma are governed primarily by the Uniform Controlled Dangerous Substances Act (Title 63, § 2-101 et seq.). Since the passage of State Question 780 in 2016, simple possession of most controlled substances is now a misdemeanor rather than a felony for first and second offenses — a major shift in Oklahoma criminal law that my clients benefit from understanding.
However, charges involving intent to distribute, trafficking, or manufacturing remain serious felonies with mandatory minimum sentences. The distinction between simple possession and possession with intent often comes down to the quantity of the substance, how it was packaged, and other circumstantial evidence — all areas where an experienced Oklahoma City criminal defense attorney can make a critical difference.
I have first-hand experience defending clients against the full range of drug charges in Oklahoma County, Canadian County, Cleveland County, and courts throughout the state. I also stay informed about resources that can help alleviate certain financial burdens associated with drug-related cases.
Drug Offense Defense in Oklahoma
Possession of a Controlled Dangerous Substance (CDS)
+Thanks to State Question 780, simple drug possession in Oklahoma is now classified as a misdemeanor for first and second offenses, carrying a maximum of 1 year in county jail and a $1,000 fine. This applies to possession of any controlled substance without a valid prescription.
However, a drug possession charge still creates a criminal record that can affect employment, housing, and financial opportunities. I work aggressively to get charges reduced or dismissed, and for eligible clients, I pursue deferred sentences that can keep a conviction off your permanent record. After completion of a deferred sentence, you may qualify for expungement.
If you have been charged with CDS possession in Oklahoma City, Edmond, Norman, Moore, or anywhere in Oklahoma, contact my office for a free consultation.
Possession with Intent to Distribute
+Possession with intent to distribute remains a serious felony in Oklahoma. Prosecutors typically build intent-to-distribute cases based on the quantity of the substance, how it was packaged (individual bags, scales), large amounts of cash, and communications evidence.
As your defense attorney, I challenge the evidence used to establish “intent” — because the difference between a simple possession misdemeanor and a distribution felony can mean the difference between a fine and years in prison. I examine whether the search that discovered the substance was lawful, whether your constitutional rights were violated, and whether the evidence truly supports the charge.
Drug Trafficking
+Drug trafficking in Oklahoma is defined not by the act of selling, but by the quantity of the substance. Possessing above certain threshold amounts triggers trafficking charges with mandatory minimum sentences that judges cannot reduce, regardless of circumstances. These are among the most serious charges in Oklahoma criminal law.
If you are facing trafficking charges, you need an attorney who understands the complexities of these cases and will fight aggressively on your behalf. I represent clients facing drug trafficking charges in Oklahoma state courts.
Drug Paraphernalia
+Drug paraphernalia refers to any object or device used to facilitate drug use — including pipes, bongs, syringes, rolling papers, and similar items. Possession of paraphernalia is a misdemeanor in Oklahoma, but a conviction still creates a criminal record.
Paraphernalia charges are often filed alongside other drug charges. I work to negotiate reductions and, where possible, pursue deferred sentences to protect your record.
Drug-Related DUI
+Under Oklahoma’s DUI statute (47 O.S. § 11-902), driving with any amount of a Schedule I controlled substance or its metabolites in your system is treated the same as alcohol-related DUI. This means even trace amounts from days-old use can result in a DUI charge.
Drug-related DUI charges require a different defense strategy than alcohol-related cases. I understand the science behind drug metabolite testing and use that knowledge to challenge the prosecution’s evidence. See my DUI defense page for more information.
Common Questions About Drug Charges in Oklahoma
Is simple drug possession still a felony in Oklahoma?
No. Since State Question 780 (effective 2017), simple possession of a controlled substance is a misdemeanor for first and second offenses, with a maximum penalty of 1 year in jail and a $1,000 fine.
What is the difference between possession and trafficking?
Trafficking is determined by quantity, not the act of selling. Possessing above certain threshold amounts automatically triggers felony trafficking charges with mandatory minimum sentences.
Can drug charges be expunged in Oklahoma?
Many drug charges are eligible for expungement, especially misdemeanor possession charges that resulted in a deferred sentence or dismissal. Learn about the expungement process.
What should I do if I'm arrested for drug possession in OKC?
Exercise your right to remain silent and contact a criminal defense attorney immediately. Do not consent to searches beyond what is legally required, and do not make statements without your attorney present.