Most people think using or selling drugs are the only drug offenses they can get in trouble for, but this is not always the case. The law seriously punishes people for the mere carrying of drug paraphernalia in Oklahoma City, Oklahoma.
Thus, you may find yourself facing a judge and even jail time if officials find you with drug paraphernalia in Oklahoma City.
Examples of drug paraphernalia include, but are not limited to, needles and pipes.
What is Drug Paraphernalia in Oklahoma City?
The number one issue a prosecutor will have to prove is that the object officers found on you was actually “drug paraphernalia” under Oklahoma law. The court will consider factors such as statements made regarding the object, the proximity to any drugs, the existence of residue on the object, instructions included with the object, or its sale display.
Therefore, if, for example, a defendant stated, “don’t take my weed pipe” when he was arrested, the court would consider this as proof that the pipe was used for consuming drugs. Or, if a bag of marijuana was found in the same car as a pipe, a judge can reasonably conclude that the pipe was used to smoke marijuana.
However, if officers found a clean pipe with no drugs and had no other evidence that the pipe was used to smoke marijuana, a court will be less likely to determine it was paraphernalia.
At trial, the defendant can also testify about his use of the object found and dispute that it was used for drugs. (Okla. Stat. tit. 63 § 2-101.1).
Proving Possession of Drug Paraphernalia
Possessing drug paraphernalia in Oklahoma City is illegal in two instances.
First, it is illegal to possess drug paraphernalia to use, grow, package, or prepare a controlled dangerous substance yourself.
Second, it is illegal to possess drug paraphernalia knowing someone else will use it to use, grow, package, or prepare a controlled dangerous substance.
For example, someone who carries a pipe used for smoking marijuana can land in legal trouble. The law applies whether the pipe was for his personal use, or for the benefit of a family member or friend.
Drug Paraphernalia in Oklahoma City Penalties
Anyone found guilty of possessing drug paraphernalia in Oklahoma City will be convicted of a misdemeanor crime.
They can serve up to one year in prison and may have to pay up to $10,000 in fines. (Okla. Stat. tit. 63 § 2-405).
Free Consultation: Oklahoma City Drug Defense Attorney
Being caught with drug paraphernalia is serious in the eyes of the law. Do not take it lightly. Contact an experienced Oklahoma City drug defense attorney today.
For a free consultation, call the Criminal Defense Law Office of Oklahoma City at (405) 588-4529 (588-4LAW).
If you prefer, you may send your question using the contact form at the top right side of this page.