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Drug Charges

Drug possession penalties in Oklahoma

By January 7, 2020January 31st, 2024No Comments

If you’re caught simply possessing illegal drugs in Oklahoma, you’re facing a misdemeanor charge, but that doesn’t mean the consequences aren’t serious. 

Oklahoma is known for its “tough on drugs” stance, despite measures in recent years to change the record-high incarceration rates in the state. A report by The Oklahoman says almost 900 people got time behind bars for drug possession in the last half of 2017. That’s even after voters approved lessening drug possession from a felony to a misdemeanor. 

You could end up with hefty fines and prison time, not to mention having a criminal drug conviction on your record.

Here’s a breakdown of drug possession laws in Oklahoma: 


Possession of Schedule I and Schedule II drugs

Schedule I drugs are defined as narcotics with no accepted medical use and a high potential for abuse. These drugs include: 

  • Ecstasy (MDMA)
  • Acid (LSD)
  • Magic mushrooms
  • Heroin 
  • Peyote and mescaline 

**Marijuana is also considered a Schedule I drug by the DEA, but it’s punished as a lesser offense (More on that below)**

Schedule II drugs are defined as drugs having a high potential for abuse, such as: 

  • Cocaine
  • Vicodin
  • Methamphetamine 
  • PCP
  • Fentanyl
  • Adderall 
  • Ritalin

Schedule III drugs are defined as drugs with a moderate to low potential for physical and psychological dependence, according to the DEA. Examples include: 

  • Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine)
  • ketamine 
  • anabolic steroids
  • Testosterone

Schedule IV drugs are defined as drugs with a low potential for abuse and low risk of dependence, including: 

  • Xanax
  • Soma
  • Darvon
  • Darvocet
  • Valium
  • Ativan
  • Talwin
  • Ambien
  • Tramadol

Schedule V drugs are drugs with even lower potential for abuse than Schedule IV drugs, including: 

  • cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC)
  • Lomotil
  • Motofen
  • Lyrica
  • Parepectolin

If you’re convicted of possessing any schedule of drugs and it’s your first offense, you could be sentenced to up to one year in prison and a fine of up to $1,000. It doesn’t matter how many times you’re caught with the same illegal drug: Each offense will still be a misdemeanor, as long as you’re not charged with any enhanced crimes like possession with intent to distribute or drug trafficking. 

Weaving through the web of misdemeanor drug charges isn’t something you want to face alone. It’s important for you to hire an experienced criminal defense attorney for help.

Contact Jacqui Ford’s office today for more information.