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Possession For Personal Use

What is the Difference Between Personal Use and Intent to Distriute?

If you have been arrested for possession of drugs, the charge may be “with intent to sell or distribute” or “for personal use.” There is a big difference.

Although you may have been in possession with a small amount of drugs, you can be charged with distribution if the prosecution proves that you intended to share drugs with others. Possession with intent to distribute is a felony in Oklahoma.

Here are a few examples:

  • • That small amount of misdemeanor marijuana becomes a felony if you admit you were going to smoke it with friends.
  • • You had two Ecstasy tabs and were going to give one to a friend. You will be charged with a felony.
  • • You don’t think the half-ounce of marijuana in your back pocket is a big deal, but in your car the police find a scale, or plastic bags, and suddenly it’s a felony because of the paraphernalia.
  • • You are in school or a public park with a small amount of drugs – a felony.

A felony drug conviction will result in two years in prison and a fine of $20,000 to $100,000. These are serious consequences.  

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