Possession of Paraphernalia in Oklahoma
Oklahoma has enacted several harsh laws and regulations to curb drug usage within the state. Not only do these laws place restrictions on illegal drugs and possession of prescription medication without a valid prescription, but they also criminalize the possession of drug paraphernalia. Drug paraphernalia is any object designed to cultivate, manufacture or use drugs. Examples of drug paraphernalia include:
- Growing kits
- Roach clips
- Cocaine spoons or vials
If any of these objects, or anything used to plant, cultivate, harvest, grow, produce, or prepare a controlled substance for introduction to the human body are found in your possession, you may face criminal charges.
Defining Possession of Drug Paraphernalia
At trial for possession of drug paraphernalia, the state must show that the object in your possession was illegal drug paraphernalia, as opposed to some other innocent item. The court will evaluate several key pieces of evidence when making this determination:
- Statements concerning the object
- The proximity of any drugs
- Drug residue on the object
- Instructions for the object
- The sale display for the object
In order for the State to prove the item in question is paraphernalia, the State must show, beyond a reasonable doubt, that the item was intended to facilitate the use of illegal drugs.
Possession of drug paraphernalia is a misdemeanor offense. If convicted, you will face up to one year in county jail. Furthermore, you will have to pay a penalty, which increases with each subsequent offense:
- 1st offense: $1,000 fine
- 2nd offense: $5,000 fine
- 3rd offense: $10,000 fine
Keep in mind that possession of drug paraphernalia is a felony if the item was delivered or sold to a person under the age of 18.
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