Most people think of drug crimes as using or selling them.
However, Tahlequah, Oklahoma state and local laws also harshly punish people for the mere possession of any illegal drugs.
In fact, many people find themselves in prison for years if they’ve been convicted of drug possession charges in Oklahoma, even if they did not intend to sell or otherwise distribute the drugs.
If you or someone you know is facing drug possession charges in Oklahoma, contact an experienced Tahlequah attorney today.
Understanding Tahlequah Drug Possession Laws
Oklahoma law criminalizes two types of possession, called “actual possession” and “constructive possession.”
Actual possession is exactly as it sounds — a defendant was caught with drugs on their person. Actual possession may also be proved if an officer or other eyewitness saw drugs fall out of a person’s pocket or purse.
However, constructive possession is not as clearly defined, as a defendant can be charged with possession under this theory even if they did not actually carry the drugs themselves. This is because constructive possession in Oklahoma is defined as knowingly having the power and the intention at a given time to exercise dominion or control over a drug. Okla. Stat. tit. 21 § 11.2
To convict a defendant on a theory of constructive possession, a prosecutor must also show that the defendant had control over the location where officers discovered the drugs.
Constructive possession issues usually arise when drugs are found in a defendant’s car or in their home.
Defenses to Drug Possession Charges in Oklahoma
A prosecutor’s job in a drug possession case is to prove beyond a reasonable doubt that a defendant:
- had knowledge of the drug’s presence and
- had control of it.
OUJI-CR 6-11
A defendant must therefore prove either that they did not know the drugs were there or they did not have control over them.
If a defendant can show one or both of these to be true, they can avoid a conviction of drug possession charges in Oklahoma.
Low-cost Initial Consultation: Tahlequah Drug Defense Lawyer
Drug possession charges in Oklahoma can lead to a felony conviction and other serious consequences.
If you or someone you know is facing this charge, please call a Tahlequah drug defense lawyer at 918-458-2677.
If you prefer written correspondence, send us your legal question using the form at the top right of this page.
