Question: How are penalties determined for drug crime convictions by schedule in Oklahoma?
Answer: Drug offenses carry a wide range of punishments. The punishments for drugs are based not only on the specific type of drug involved, but also some of the factors surrounding the possession or the use of the drug. For example, possession with intent to distribute a Schedule I or Schedule II narcotic, such as heroin or cocaine, carries anywhere from five years to life. Possession with intent to distribute a Schedule I, II, III or IV non-narcotic carries two years to life. Misdemeanor possession of marijuana carries up to one year in jail; however, a second offense of possession of marijuana is a felony carrying anywhere from two years to up to 10 years in prison. You can look at a life sentence for, as a maximum sentence, for cultivation of marijuana, trafficking in any drug, manufacturing drugs, or possession with intent to distribute. Because there’s such a wide range of punishments for drugs, and the ranges vary widely depending on the schedule involved, individual facts and your personal criminal history, you really should visit with an attorney about your potential liability on any sort of drug crime that you’re facing.