DRUG CHARGES IN OKLAHOMA

CONTROLLED DANGEROUS SUBSTANCES (CDS) OFFENSE

PENITENTIARY

COUNTY JAIL

FINE RANGE

Bringing Contraband Into A Penal Institution

1 - 5 Years

N/A

& / or $100 - $1000

Inmate Possession of CDS

5 - 20 Years

N/A

$100 - $1000

Burglary, Larceny or Theft of CDS

Up To 10 Years

N/A

N/A

Second or Subsequent Violation

Not Less Than 10 Years

N/A

N/A

Cultivation

Up To 10 Years

N/A

$0 - $50,000

Conspiracy to Distribute CDS

Same Penalty For Prescribed Offense

Distribution / Possession With Intent Within 1,000 Feet Of Educational Facility, Recreational Center or Park

Imprisonment/Fine Not Exceeding Twice That Authorized By This Section, (Must Serve 50% of Sentence Day For Day)


SECOND OFFENSE

IMPRISONMENT NOT EXCEEDING THREE TIMES THAT AUTHORIZED
(Must Serve 90% of Sentence Day For Day)

N/A

N/A

Maintaining a Place Where CDS Is Kept

Not More Than 5 Years

N/A

Not More Than $10,000

Manufacturing CDS

20 Years – Life, No Probation

N/A

& $0 - $50,000

Attempting to Obtain CDS by Fraud or Forgery

Up To 10 Years

N/A

N/A

Obtaining CDS by Fraud

Up To 10 Years

N/A

N/A

Obtaining CDS by Forged RX

Up To 10 Years

N/A

&/OR $0 - $10,000

--Second Or Subsequent Offense

4 – 20 Years

N/A

&/OR $0 - $10,000

Possession Of CDS Without Tax Stamp

Up To 5 Years

N/A

&/OR $0 - $10,000

Possession of Drug Paraphernalia (a misdemeanor)

N/A

Up To 1 Year

&/OR $0 - $10,000

Possession Or Purchase CDS in Presence of Child Under 12

Imprisonment / Fine Not Exceeding Twice That Authorized by this Section (Must Serve 50% of Sentence Day to Day)

N/A

--Second Or Subsequent Offense

Imprisonment / Fine Not Exceeding Twice That Authorized by this Section (Must Serve 50% of Sentence Day to Day)

N/A

Robbery or Attempted of CDS

Not Less Than 5 Years (No Probation)

--Second Or Subsequent Offense

Life (Serve 10 Years Before Eligible for Parole) No Probation

N/A

Transportation of Proceeds Derived from Violation of Uniform CDS Act

2 – 10 Years

N/A

&/OR $0 - $50,000


DISTRIBUTION OR POSSESSION WITH INTENT OF CDS

PENITENTIARY

COUNTY JAIL

FINE RANGE

Offering to Distribute

Same as Distribution

Schedule I – II (LSD or Narcotic)

5 – Life

N/A

Up to $100,000

--Second Or Subsequent Offense

Twice Punishment / Fine

N/A

N/A

Schedule I (Other, includes Marijuana)

2 – Life

N/A

Up to $20,000

--Second Or Subsequent Offense

Twice Punishment / Fine, No Probation

N/A

N/A

Schedule II (Narcotics, includes Cocaine)

5 – Life

N/A

Up to $100,000

--Second Or Subsequent Offense

Twice Punishment / Fine, No Probation

N/A

N/A

Schedule II (Other, includes Subsection D)

2 – Life

N/A

Up to $20,000

--Second Or Subsequent Offense

Twice Punishment / Fine, No Probation

N/A

N/A

Schedule V (All)

Up To 5 Years

N/A

& $0 - $1,000

After Former Conviction

Twice Punishment / Fine, No Probation

N/A

N/A

18 Years or Over Delivering Paraphernalia to Person 3 Years His Junior

0 - 5 Years

N/A

& $0 - $5,000

18 Years or Over Selling To A Person Under 18

Twice Punishment / Fine, No Probation

N/A

N/A

Synthetic CDS (Not Authorized by FDA)

Up To Life

N/A

& $0 - $25,000

--Second Or Subsequent Offense

Twice Punishment / Fine, No Probation

N/A

& $0 - $100,000

Imitation CDS (1st Offense)

0 – 1 Year

N/A

Up To $1,000

Imitation CDS (2nd Conviction)

Up To 5 Years

N/A

& $0 - $5,000

Distribution / Possession With Intent Within 1,000 Feet Of Educational Facility, Recreational Center or Park

Imprisonment / Fine Not Exceeding Twice That Authorized by this Section (Must Serve 50% of Sentence Day to Day)

--Second Or Subsequent Offense

Imprisonment / Fine Not Exceeding Twice That Authorized by this Section (Must Serve 50% of Sentence Day to Day)


TRAFFICKING CDS

PENITENTIARY

COUNTY JAIL

FINE RANGE

NOTE-- (NO DEFERRED OR PROBATION) / (EXCEPT WITH DELAYED SENTENCING PROGRAM)

Marijuana: 25 Lbs. - 999 Lbs.

4 - Life

N/A

& $25,000 - $100,000

Marijuana: 1,000 Lbs. or More

4 - Life

N/A

& $100,000 - $500,000

Cocaine Base (Crack): 5 Grams - 49 Grams

10 - Life

N/A

& $25,000 - $100,000

Cocaine Base (Crack): 50 Grams or More

10 - Life

N/A

& $100,000 - $500,000

Cocaine (Powder); 28 Grams - 299 Grams>

10 - Life

N/A

& $25,000 - $100,000