Possession of controlled substances without a valid prescription in Muskogee, Oklahoma is against the law. Okla. Stat. tit. 63 § 2-402
Any crime related to prescription abuse in Oklahoma is a potentially serious offense.
How Oklahoma Classifies Controlled Substances
Oklahoma statutes classify controlled substances into five separate categories according to the level of danger posed by the substances involved.
The levels range from Schedule I to V. The schedules include dangerous and highly addictive substances such as heroin and morphine and other opiate derivatives, hallucinogens, limited amounts of certain narcotics, and compounds of pseudoephedrine or ephedrine. (Okla. Stat. tit. 63 § 2-204; Okla. Stat. tit. 63 § 2-212)
Penalties for Prescription Abuse in Oklahoma
Penalties imposed for prescription abuse in Oklahoma depend on a number of factors including the type of substance involved and whether you have been convicted of possession before. Likewise, the classification of the offense into a felony or misdemeanor depends on the type of substance involved.
Schedules I and II includes addictive drugs with a high potential of abuse. The statute excepts marijuana from schedules I and II. A conviction of possession of one of these substances without a valid prescription is a felony. It carries a penalty of up to 10 years in prison and a fine of up to $5,000 for the first offense, and up to 20 years incarceration and up to $10,000 in fines for subsequent violations.
Penalties for violations of Schedules III, IV, and V (including marijuana) are classified as misdemeanors and carry jail time of up to one year and fines up to $1,000 for the first offense. Subsequent violations, however, are treated as felonies with increased jail time and increased fines.
Enhanced Penalties for Possession Near a School
If you were found in possession of, or selling a controlled substance without a valid prescription within a 1,000 feet of a school or recreation center, or in the presence of a child under the age of 12, the violation is considered a felony crime. Consequently, the penalty is doubled for the first offense and tripled for subsequent offenses.
Low-cost Consultation: Muskogee Criminal Defense Attorney
Charges of prescription abuse in Oklahoma are serious. They all carry jail time in addition to a significant financial fine.
If you have been charged with possession of a controlled substance without a valid prescription, call 918-913-0725 for a initial strategy session with a Muskogee criminal defense attorney.
You may also send a confidential question or message using the form on this page.
