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Get a Free Consultation(918) 212-8561
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Tulsa, Oklahoma 74105

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HomePractice AreasPossession of a Controlled Dangerous Substance
Drug Offenses

Possession of a Controlled Dangerous Substance Defense in Oklahoma

Oklahoma reformed its drug laws. Your defense should take advantage of that.

Get a Free Consultation(918) 212-8561

Oklahoma Law

As previously noted, simple possession of a controlled dangerous substance is fundamentally treated as a misdemeanor offense focused on rehabilitation rather than retribution. The exact penal outcome depends heavily on the specific schedule of the drug (e.g., Schedule I heroin versus Schedule V cough suppressants) and the offender's prior history of compliance with court-ordered treatment. The overarching legislative philosophy has been to systematically separate end-users suffering from addiction from the suppliers and manufacturers who fuel the illicit market.

Penalties

Simple drug possession is a misdemeanor carrying a maximum penalty of 1 year in the county jail and a fine up to $1,000. While SQ 780 eliminated felony charges for simple possession, a misdemeanor conviction still establishes a permanent criminal record demonstrating substance abuse, which severely impacts professional licensing, CDLs, housing, and obtaining federal student aid.

Defense Strategies

Drug possession cases live or die on the legality of the search. If police violated your Fourth Amendment rights — by conducting an illegal stop, searching without a warrant or valid exception, or exceeding the scope of consent — the evidence can be suppressed and the case dismissed. We also challenge constructive possession, argue lack of knowledge, and pursue drug court alternatives.

Service Area

Where We Handle Possession of a Controlled Dangerous Substance Cases

We defend possession of a controlled dangerous substance cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.

Tulsa County & Municipal

12 cities
  • ●Bixby
  • ●Broken Arrow
  • ●Collinsville
  • ●Glenpool
  • ●Jenks
  • ●Liberty
  • ●Lotsee
  • ●Owasso
  • ●Sand Springs
  • ●Skiatook
  • ●Sperry
  • ●Tulsa

Rogers County

10 cities
  • ●Catoosa
  • ●Chelsea
  • ●Claremore
  • ●Foyil
  • ●Inola
  • ●Oologah
  • ●Owasso
  • ●Talala
  • ●Valley Park
  • ●Verdigris

Wagoner County

7 cities
  • ●Coweta
  • ●Fair Oaks
  • ●Okay
  • ●Porter
  • ●Redbird
  • ●Tullahassee
  • ●Wagoner

Mayes County

11 cities
  • ●Adair
  • ●Chouteau
  • ●Disney
  • ●Grand Lake Towne
  • ●Langley
  • ●Locust Grove
  • ●Pensacola
  • ●Pryor Creek
  • ●Salina
  • ●Spavinaw
  • ●Sportsmen Acres

Muskogee County

12 cities
  • ●Boynton
  • ●Braggs
  • ●Council Hill
  • ●Fort Gibson
  • ●Haskell
  • ●Muskogee
  • ●Oktaha
  • ●Porum
  • ●Summit
  • ●Taft
  • ●Warner
  • ●Webbers Falls

Craig County

5 cities
  • ●Big Cabin
  • ●Bluejacket
  • ●Ketchum
  • ●Vinita
  • ●Welch

Osage County

15 cities
  • ●Avant
  • ●Barnsdall
  • ●Bartlesville
  • ●Burbank
  • ●Fairfax
  • ●Foraker
  • ●Hominy
  • ●Pawhuska
  • ●Prue
  • ●Sand Springs
  • ●Shidler
  • ●Skiatook
  • ●Tulsa
  • ●Webb City
  • ●Wynona

Cherokee Nation

We represent clients in Cherokee Nation tribal court proceedings across the Cherokee Nation reservation.

Muscogee (Creek) Nation

We handle cases in Muscogee (Creek) Nation tribal courts, including matters arising under the McGirt decision.

Related Drug Offenses

Possession With Intent to Distribute

The line between personal possession and distribution is thinner than you think.

Drug Trafficking

Drug trafficking charges carry mandatory prison time. There is no room for a weak defense.

Aggravated Drug Trafficking

Oklahoma's harshest drug penalties demand the strongest possible defense.

Frequently Asked Questions

Since State Question 780 passed in 2016, simple possession of any controlled substance is a misdemeanor in Oklahoma for first and second offenses. However, possession with intent to distribute, drug trafficking, and certain aggravating factors can still result in felony charges.

Constructive possession means the drugs were found in an area you controlled (like your car or home) but were not physically on your person. The prosecution must prove you knew the drugs were there and exercised control over them. This is often a weak point in the state's case that an experienced attorney can exploit.

Charged with Possession of a Controlled Dangerous Substance?

Schedule a free, confidential consultation. A former prosecutor will review your case and outline your best defense options.

Get a Free ConsultationCall (918) 212-8561