When you’re facing a drug charge in Oklahoma, the first question that shapes your outcome is simple: is the state alleging possession, or distribution/possession with intent? The answer drives everything from potential penalties of your criminal offense to your options for diversion, negotiation, and long-term record relief.
At Jacqui Ford Law, our lead advocate Jacqui Ford and our defense team help Oklahomans separate fear from facts. We dig into the charge language, the evidence (search/seizure, lab results, statements), and the statute elements to push for the narrowest, fairest reading of the law, then fight for outcomes that protect your freedom and your future.
Possession vs. Distribution: What’s the Difference?
- Simple Possession: Allegation that you knowingly or intentionally possessed a controlled substance for personal use. In Oklahoma today, most simple possession is a misdemeanor (post-2016 reforms).
- Distribution/Possession with Intent: Allegation that you delivered, distributed, or possessed a controlled substance with intent to distribute (often inferred from packaging, quantity, cash, statements, or other indicia). This remains a felony under Oklahoma law.
How Oklahoma’s Drug Possession Laws Changed
For years, simple drug possession was a felony in Oklahoma. That meant prison time, heavy fines, and a permanent stain on your record that could follow you for life.
But in 2016, Oklahoma voters made a major change by passing State Question 780, which reclassified most simple possession charges as misdemeanors instead of felonies. It was a bold step to reduce overcrowded prisons and give people a real chance to rebuild their lives.
Under 63 O.S. §2-402, simple possession is now a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000, a big difference from the years-long felony sentences people once faced.
What About People Who Were Convicted Before 2016?
When the law changed, thousands of people were still sitting in prison or living with old felony convictions for drug possession. It took a few years for the state to fix that.
In 2019, lawmakers passed HB 1269, which made those changes retroactive. That means people who were convicted of simple possession before 2016 can now apply to have their sentences commuted or their records expunged.
This law opened the door for about 1,000 incarcerated people to have their sentences shortened and roughly 60,000 others to clear old felony records through expungement.
A felony record can make it incredibly hard to get a job, rent an apartment, or even go back to school. HB 1269 gave many people a second chance to start fresh.
However, it’s important to know that the law doesn’t fix everything. As the Oklahoma Policy Institute pointed out, it doesn’t undo sentence enhancements, meaning some people still face longer sentences because of prior convictions.
Possession vs. Distribution: The Key Difference
While simple possession is now a misdemeanor, distribution or possession with intent to distribute is still a felony under 63 O.S. §2-401.
The difference comes down to intent.
If prosecutors believe you planned to sell, share, or deliver drugs — even without catching you in the act, they can file felony charges.
They often try to prove intent by pointing to things like:
- Large amounts of drugs
- Scales or packaging materials
- Cash or text messages suggesting sales
- Multiple baggies or divided quantities
But these signs can be misleading. Sometimes what looks like “intent” is just a personal stash, or the result of a search that shouldn’t have happened in the first place. That’s where having an experienced defense team makes all the difference.
How Expungement Works in Oklahoma
If you have an old drug conviction, expungement might be your chance to finally move forward. Under 22 O.S. §18 and §19, certain misdemeanor and reclassified felony offenses can be sealed from public record. Once expunged, you can legally say you’ve never been arrested or convicted of that crime.
For people with prior possession felonies, HB 1269 made it easier to qualify, but the process can still be complicated. There’s paperwork, waiting periods, court filings, and specific legal standards that must be met.
That’s why it helps to work with a lawyer who knows how to navigate the system. Jacqui Ford and our team regularly help clients file for expungement, gather supporting documents, and make sure every step is handled correctly, so you don’t risk losing your chance at a clean slate.
Why Having a Lawyer Matters
Oklahoma’s drug laws have changed a lot over the years, and no two cases are the same. What seems like a “small” charge can quickly spiral if prosecutors decide to add enhancements or suggest intent to distribute.
Our team at Jacqui Ford Law knows how to push back, protect your record, and help you get access to treatment or diversion instead of punishment when possible.
We look at every detail, from the traffic stop to the search and seizure, to make sure your rights are respected. And if you’re eligible to clear your record, we’ll help you get it done right.
Contact Us at Jacqui Ford Law Today
If you’re facing a drug charge in Oklahoma, or living with a record from one — you don’t have to go through it alone. Jacqui Ford and our team are ready to listen, explain your options, and fight for the best possible outcome.
Contact us today at 405-604-3200 to schedule a confidential consultation. We believe in second chances, and we’re here to help you earn yours.
Frequently Asked Questions
1. Is simple drug possession still a felony in Oklahoma?
Not anymore. After State Question 780 (2016), most simple possession charges became misdemeanors under 63 O.S. §2-402, with penalties up to one year in jail and a $1,000 fine.
2. What’s the difference between possession and distribution?
Possession means having a drug for personal use. Distribution (or possession with intent) means prosecutors believe you planned to sell or share it, often based on the amount, packaging, or other evidence. Distribution charges are still felonies under 63 O.S. §2-401.
3. Can I clear a felony drug possession from before 2016?
Yes. HB 1269 (2019) made the reclassification of simple possession retroactive. That means many people with old felony possession convictions can apply for commutation or expungement.
4. How does expungement work in Oklahoma?
Under 22 O.S. §18 and §19, eligible people can have their records sealed from public view. This means your record is hidden from most background checks, and you can legally say you’ve never been convicted.
5. Do I need a lawyer to get an expungement?
While it’s possible to file on your own, the process can be confusing and full of paperwork. Having a lawyer ensures everything is filed correctly and increases your chances of success.
6. What if prosecutors charge me with possession with intent, but I didn’t plan to sell anything?
That happens more often than you’d think. Prosecutors sometimes assume “intent” from how drugs were packaged or stored. Jacqui Ford Law can challenge those claims and work to reduce or dismiss the charges.
