It Is A Crime To Possess Drug Paraphernalia
Not only is it a crime to possess actual drugs in Oklahoma, but state law allows more charges for items related to drug use, known as paraphernalia. The relevant law reads, “No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act. . .” It is also against the law to “deliver, sell, possess, or manufacture” them if a reasonable person would know they would be used for drug-related purposes.
Punishment Can Be Significant
The most serious penalty for drug paraphernalia violations occur when the items are provided to a minor, which is considered a felony. In other circumstances, the crime is a misdemeanor punishable by a fine, imprisonment, or a combination of both depending on the number of past violations. These punishments are: (1) no more than one year in jail and up to a $1,000 fine for the first offense, (2) no more than one year in jail and up to $5,000 in fines for the second violation, and (3) up to $10,000 in fines and no more than a year in jail for any additional convictions. A special $100 fee is also required for a Trauma Care Assistance Revolving Fund.
What Is Drug Paraphernalia?
Oklahoma state law provides the definition for “drug paraphernalia” to be applied to a criminal case. The judge or jury is allowed to weigh twelve factors when making the decision, which are:
- The owner’s statements about its use.
- How close in time and distance the object is to a drug violation.
- How close the object is to illegal drugs themselves.
- Drug residue on the object.
- Evidence the owner intended to deliver the object to someone who was going to commit a drug violation.
- Written or spoken instructions with the object indicating they would be used with illegal drugs.
- Other descriptive materials indicating the item would be used for illegal drugs.
- The way the item is displayed for sale.
- Whether the owner legitimately sells items like it to the public, such as tobacco products.
- Evidence of the ratio of sales of the object to total business sales.
- Any of the item’s legitimate uses.
- Expert testimony about the item’s use.
The court or jury will take these factors into account to determine if an item is considered drug paraphernalia.
Initial Consultation: Tulsa Drug Paraphernalia Attorney
You should talk to a Tulsa criminal defense attorney about your options if you face a charge related to possession of drug paraphernalia. Contact the Seventh Street Tulsa Law Office today for a initial and confidential consultation by calling (918) 932-2777.