Drug Possession Felony

When Is Drug Possession a Felony?

Oklahoma is known for having some of the toughest drug laws in the country. Prior to 2017, you could be charged with a felony offense for simply possessing certain controlled substances—even if you had no prior offenses on your record.

However, on July 1, 2017, an update to our drug law went into effect that makes simple possession of any controlled substance a misdemeanor offense. It does not matter if you have a prior criminal record or have been arrested for drug possession before—ANY simple possession charge is considered a misdemeanor.

Potential Penalties for Possession

As a misdemeanor offense, simple possession is punishable by a maximum fine of $1,000 and no more than one year in jail.

Possession With Intent to Distribute

If you are found with a quantity of the drug that police believe is too much for personal use, the charge may be elevated to possession with intent to distribute, which is always considered a felony—even for a first offense.

If you are found guilty of possession with intent to distribute, you could face:

• Minimum prison sentence of two years
• Max sentence of life imprisonment
• Mandatory minimum of five years if the drug was Schedule I or II