Oklahoma is serious about the war on drugs in its state. Not only does Oklahoma have strict penalties for the possession, manufacture, and distribution of controlled dangerous substances, it also prohibits the possession of certain types of drug paraphernalia.
In fact, it is common for a person to face a possession of a substance charge and a possession of illegal drug paraphernalia charge in Oklahoma. For example, a joint and a roach clip are often used together in McAlester.
Types of Prohibited Drug Paraphernalia
Not all types of drug paraphernalia are illegal. The law defines it as all equipment or products that are used in almost any aspect along with any controlled dangerous substance.
So any product that is used to plant, propagate, harvest, manufacture, conceal, or ingest an illegal drug in any manner, are all illegal. (Okla. Stat. tit.63 § 2-101 (36) )
Some products are obvious in their illicit use. A bong or a roach clip is seldom used with a legal substance.
However, there are other products that may be used for legal purposes but could be considered to be illegal if used with an illegal controlled dangerous substance.
For example, a syringe can be used with insulin if you are a diabetic. It can also be used to deliver heroin.
A court will look at use to determine if the product is illegal as used. For instance, if you have traces of an illegal residue on the object, a court might find that object to be a piece of illegal drug paraphernalia.
A product’s printed instructions may point only toward illegal use. You may be required to testify as to your use of the product. A judge may also have an expert witness testify. (Okla. Stat. tit.63 § 2-101. 1)
Penalties for a Drug Paraphernalia Charge in Oklahoma
A first-time conviction of a drug paraphernalia charge in Oklahoma is a misdemeanor crime. If convicted, you could face a year in jail and fines up to $1,000. Fines escalate with each subsequent conviction, up to $10,000.
If you are convicted of selling or giving drug paraphernalia to a child under the age of 18, you will be convicted of a felony offense. (Okla. Stat. tit.63 § 2-405)
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know is facing a drug paraphernalia charge in Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.
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