Drug Crimes

Constructive possession is an essential concept in Oklahoma criminal law. It refers to a situation where an individual does not have direct physical control over an object, such as drugs or firearms, but is still considered to possess it under the law. This article will explore the concept of constructive possession, the elements required for the prosecution to establish it, and its implications in Oklahoma criminal cases.

Defining Constructive Possession

In Oklahoma, the law recognizes two types of possession: actual possession and constructive possession. Actual possession occurs when an individual has direct physical control over an object, while constructive possession arises when a person exercises indirect control over it.

Understanding the differences between these two types of possession is crucial in criminal cases, as the nature of the possession can significantly impact the outcome.

Elements of Constructive Possession

To establish constructive possession in an Oklahoma criminal case, the prosecution must prove two elements beyond a reasonable doubt:

1. Knowledge: The defendant must know about the presence of the object, whether it be drugs, firearms, or other contraband. Knowledge can be proven through direct evidence, such as admissions or witness testimony, or circumstantial evidence, like the defendant’s proximity to the object or attempts to conceal it.
2. Control: The defendant must have the power and intent to exercise control over the object. This can be demonstrated by showing that the defendant had access to the location where the object was found, had the ability to retrieve it, or had taken steps to exercise control over it in some way. Like with knowledge, this can be established through circumstantial evidence

Both of these elements must be proven beyond a reasonable doubt for a conviction to take place.

Legal Consequences to Constructive Possession in Oklahoma Criminal Cases

Constructive possession can have significant consequences in Oklahoma criminal cases, as it can lead to the same penalties as actual possession. For example, if an individual is found to be in constructive possession of a controlled substance, they may face similar charges and penalties as someone who had the drugs in their physical possession. This highlights the importance of understanding the concept of constructive possession and how it can impact criminal cases in Oklahoma.

Initial Consultation with a Tulsa Defense Attorney

If you find yourself facing a constructive possession charge for drugs or weapons then you are at risk for severe penalties. Convictions for constructive possession can result in substantial criminal fines, jail or prison time, and possibly even the loss of your driver’s license.

Because the outcome of drug cases is highly influenced by state criminal legislation, if you are charged with constructive possession in Oklahoma, you should contact an Oklahoma defense attorney. A defense lawyer in Oklahoma will be familiar with Oklahoma’s constructive possession laws. He or she will also likely have a relationship with the judge and prosecutor assigned to your case, which can be important in influencing the overall outcome.

To contract the services of an Oklahoma criminal defense lawyer, contact the Tulsa Criminal Defense Law Firm. You can reach us at (918) 256-3400 or use the contact form at the top of the site. Whatever method you choose, a defense lawyer in Tulsa will be in touch with you shortly.

In late 2018, Oklahoma passed new laws making simple possession of controlled dangerous substances (illegal drugs) a misdemeanor. However, other drug crimes such as manufacturing a controlled substance remain felonies in the state. Here is what you need to know about manufacturing drugs in Oklahoma.

What Constitutes Manufacture of a Controlled Substance In Tulsa?

In Oklahoma, any person who offers, solicits, attempts, endeavors, or conspires to manufacture illegal drugs can be convicted of a felony. Okla. Stat. tit. 63 § 2-408

Under this statute, even attempting to manufacture a controlled substance is a felony offense.

To “manufacture” a controlled substance means:

• to take any part in the production, preparation, processing, and propagation of a controlled dangerous substance; either
• directly or indirectly by extraction from substances of natural or synthetic origin; or
• independently by means of chemical synthesis; or
• by a combination of extraction and chemical synthesis.

This includes the typical meth lab, but it also includes growing marijuana.

A “manufacturer” is anyone who packages, repackages, or labels any container of any controlled dangerous substance. And “controlled dangerous substance” is any drug categorized in Schedules I through V of the Uniform Controlled Dangerous Substances Act of Oklahoma. Okla. Stat. tit. 63 § 2-101

Mere possession of certain substances known to be used in the manufacture of illicit drugs can be used as evidence of an intent to manufacture, and chargeable under this statute. You don’t actually have to manufacture the drug to be found guilty of this crime. Okla. Stat. tit. 63 § 2-401

Penalties for Manufacturing a Controlled Substance

Depending on the substance involved, you could face life in prison in addition to substantial fines. Under the law, the minimum amount of jail time for a first conviction is seven years to life and a hefty fine.

Prison time can increase with subsequent convictions.

If you are caught manufacturing substantial quantities of a controlled substance, you could spend event more time in prison if you are convicted of aggravated manufacturing.

If you have questions regarding this area of law, bring your questions to an experienced Tulsa criminal defense attorney. This is not a matter that you should try to handle on your own. Your attorney can best advise you regarding the law, the facts of your case, and defenses that may be available to you.

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

A number of states, Oklahoma included, have found a way to make revenue through taxing illegal drugs or creating a drug tax stamp.

Oklahoma levies a tax on all controlled substances.

In essence, if you have an illegal substance, you must pay a tax and affix a drug stamp onto the substance to show that you have paid the tax. This is a drug tax stamp. Okla. Stat. tit. 68 § 450.2

In Oklahoma, a controlled dangerous substance is a drug or substance classified as such under the Uniform Controlled Dangerous Substances Act of Oklahoma. Okla. Stat. tit. 68 § 450.1

Under the drug tax stamp law, a “dealer” must purchase and apply the stamp to the drugs when the dealer purchases, obtains, or transports a controlled dangerous substance. The stamp is put on immediately after receipt of the substance. And each stamp may only be used once. Okla. Stat. tit. 68 § 450.3

“Dealer” and Drug Tax Stamp Laws

Mere possession of certain amount of an illegal drug alone may be all that is required to be categorized as a “dealer” under this law.

So, how much is enough?

• Forty-two and a half grams of marijuana or more,
• Seven or more grams of any illegal drug other than marijuana, or
• Ten or more dosage units of any other illegal drug other than marijuana.

Penalties for No Drug Tax Stamp

In addition to paying the tax itself, you must pay 100% of the tax as a civil penalty.

The offense also has criminal penalties.

If you are in possession of the above minimums and have failed to pay for the required drug tax stamp, you could face felony charges.

In addition to civil penalties, you may face imprisonment for up to five years, pay a fine of up to $10,000, or both. Okla. Stat. tit. 68 § 450.8

Civil Penalty Amounts

The civil penalty amounts are 100% of the tax amount. The tax amounts vary depending on the substance.

• One gram of marijuana: $3.50.
• One gram of a controlled dangerous substance other than marijuana: $200.
• Fifty dosage units of another controlled dangerous substance: $1,000.

Most people who are in possession of an illegal drug do not pay this tax. Thus, they are often charged with a crime when caught.

Defenses Available to You

The amount of the drugs involved must meet the thresholds listed. If they do not and the police have failed to properly weigh or account for the amounts, you may be able to obtain a dismissal.

This and other possible defenses should be discussed with an experienced Tulsa criminal defense attorney. Don’t delay, call today.

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney.

Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.