Controlled and dangerous drugs have been an epidemic the U.S. has been fighting against for decades. If you live in Oklahoma or are visiting, it’s crucial to understand what the state considers a controlled and dangerous drug. Some studies have stated that from 2012-2020, Oklahoma had the 4th highest total number of overdose deaths in the U.S. Because of the chances of these deaths, Oklahoma has taken the initiative to reduce them. As such, that means the consequences can often be heavy for a person who receives a drug possession conviction. Understanding what constitutes as a controlled and dangerous substance can help you steer clear of legal issues. Further, it’ll help you comprehend the potential penalties for possessing, using, or distributing these substances.
Understanding Controlled Dangerous Substances
Oklahoma regulates controlled dangerous substances (CDS) under the Uniform Controlled Dangerous Substances Act. The law categorizes various drugs and substances into schedules. These schedules are based on their potential for abuse, medical use, and safety or dependency liability. These classifications help our legal system to determine not only consequences for controlled and dangerous drugs, but available treatment for them as well. Sometimes these things are one in the same and go through drugs courts. These courts allow the person to have the help they need through the requirement of treatment.
The Schedules of Drugs
Controlled and dangerous drugs are divided into five schedules:
- Schedule I: These drugs have a high potential for abuse, no accepted medical use in the United States, or lack accepted safety for use under medical oversight. Some of the examples include heroin, LSD, and marijuana.
- Schedule II: These drugs also have a high potential for abuse which could cause major physical or psychological dependence, but they have accepted medical uses with severe restrictions. Examples include cocaine, methamphetamine, and opioids like oxycodone.
- Schedule III: Drugs in this category have a potential for abuse less than substances in Schedules I and II and have currently accepted medical uses in treatment in the United States. Abuse of Schedule III drugs can lead to low-moderate physical dependence or high psychological dependence. An example is anabolic steroids.
- Schedule IV: These substances have a low potential for abuse relative to substances in Schedule III and are commonly used in medical treatments in the United States. They may lead to limited physical or psychological dependence. Examples include diazepam (Valium) and alprazolam (Xanax).
- Schedule V: Drugs in this schedule have a lower potential for abuse than Schedule IV substances and consist primarily of preparations containing specific types of narcotics. These are generally used for antitussive, antidiarrheal, and analgesic purposes, like cough preparations with less than 200 milligrams of codeine per 100 milliliters.
Oklahoma makes an exception for medical marijuana after passing SQ 788. This allows people to use cannabis products under a medical permit license that is up for renewal every 2 years. However, without the license the state can charge you with possession.
Legal Implications of Possessing Controlled Substances
Possession of any controlled dangerous substance without a valid prescription or outside legal boundaries can lead to significant legal penalties in Oklahoma. The consequences vary depending on the schedule of the drug, the amount in possession, and whether the possession is with the intent to distribute. A first offense for simple possession of certain drugs might be classified as a misdemeanor, carrying penalties such as up to one year in jail and substantial fines.
However, possession of larger quantities, possession with intent to distribute, or repeat offenses can escalate. This can lead to felony charges, resulting in harsher penalties including lengthy prison sentences, significant fines, and a permanent criminal record. Additionally, convictions can lead to collateral consequences such as loss of professional licenses, ineligibility for certain jobs, and restricted access to educational opportunities and public assistance. Legal defenses can be complex, requiring an attorney with criminal law experience to navigate the charges effectively.
Prescription Drugs: Legal Yet Regulated
It’s important to note that even legal, prescription drugs can be controlled and dangerous drugs. This is especially the case if they are used or possessed without a prescription. In fact, prescription opioids are one of the leading causes of overdose deaths. Due to this, Oklahoma takes the misuse of prescription drugs seriously. This makes unlawfully obtained prescription drugs subject to strict regulation to prevent abuse and trafficking.
Enforcement and Monitoring for Controlled and Dangerous Drugs
Oklahoma has strict laws and enforcement policies to monitor the distribution and use of controlled substances. The Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) is the primary agency responsible for regulating and enforcing the provisions related to controlled dangerous substances. They work closely with local, state, and federal agencies to curb the illegal use and distribution of these drugs.
OBN started in 1953 to enforce drug laws. It first operated under the Attorney General’s Office but became a separate agency in 1964, reporting to the Governor. In 1971, the state created a new office to handle drug education and data. OBN continues to address Oklahoma’s evolving drug issues through enforcement, data collection, and public education.
Drug Court Programs for Controlled and Dangerous Drugs
Oklahoma offers drug courts and rehabilitation programs aimed at helping individuals recover from drug addiction and reintegrate into society. These programs often provide an alternative to incarceration for individuals charged with drug-related offenses. The programs’ main focus is on treatment and recovery rather than punishment. While some people in the midst of drug addiction may see this as a consequence. However, the courts view drug courts as a healthier alternative than prison for some people. The chances of recidivism often increases for people in jail without treatment. Alternatively, people who have the option for treatment available to them instead of jail time often have lower chances of recidivism.
Claremore Criminal Defense Lawyers
Understanding what constitutes a controlled and dangerous drug in Oklahoma is essential for anyone living in or visiting the state. It helps in making informed decisions and staying on the right side of the law. Further, receiving a possession of controlled substances conviction could set your life back years. If you find yourself facing charges related to controlled dangerous substances, it is advisable to protect your rights by consulting with a Kania Law Office drug crime lawyer. Contact Claremore Attorneys at 918-379-4872 or try our Ask A Lawyer page.
