Through the Oklahoma drug tax stamp, Muskogee and other state communities tax the possession of certain controlled substances. Okla. Stat. tit. 68 § 450
The tax for a gram of marijuana is $3.50. The tax for a gram of a controlled dangerous substance other than marijuana is $200. Also, the tax for each 50 dosage units of a controlled dangerous substance other than marijuana, not sold by weight, is $1,000.
Thus if you are in possession of any of these and have not paid the requisite tax and do not have the stamp that the tax purchases, you could be in violation of the Oklahoma drug tax stamp law.
Are you a Dealer? Maybe So
The drug tax stamp statute appears to limit the required stamp to dealers. The statute states that the tax is due when a dealer first acquires the controlled substance.
Under the Oklahoma drug tax stamp statute, a dealer is anyone who acquires more than 42 1/2 grams of marijuana, or seven or more grams of any controlled dangerous substance other than marijuana, or 10 or more dosage units of any controlled dangerous substance other than marijuana.
Possession of the substance is enough. You don’t have to sell to anyone to be considered a dealer under this law. If you are in possession of the requisite amount of the drug and have failed to pay the tax and affix the stamp, you are in violation of the law.
Furthermore, the stamps are good for one use only. If you come into possession of more of the substance, you must pay another tax and obtain another stamp.
Re-using a stamp or making a counterfeit Oklahoma drug tax stamp is a felony crime and may subject you to a fine, a jail term, or both.
Penalties
If you are in violation of the Oklahoma drug tax stamp law, civil and criminal penalties may be applied.
A civil penalty of 100% of the tax amount may be levied against you in addition to the tax amount.
In addition, you can serve up to five years in prison and pay a fine of up to $10,000.
Initial Consultation: Muskogee Criminal Defense Attorney
If you end up charged for violating Oklahoma drug tax stamp laws, you could face significant jail time and hefty fines. It is always best to obtain legal representation as soon as possible when charged with a crime. Look for an experienced attorney in the Muskogee area. Your freedom may be at stake.
For a no-cost, no-obligation consultation with an experienced Muskogee criminal defense attorney, call 918-913-0725, or toll free at 1-888-Wirth-Law (1-888-947-8452).
