Possession of a Controlled Dangerous Substance

Penalties are enhanced when drugs are found within 1,000 feet of a protected location.

Carrying a weapon while in possession of drugs can result in additional felony gun charges.

Presence of scales, baggies, and large amounts of cash may result in charges for felony Possession with Intent to Distribute.

Holding significant amounts of a drug can escalate charges to trafficking.

Repeat offenders face mandatory enhanced sentencing under Oklahoma’s habitual offender laws.

The Fourth Amendment protects against illegal searches. If law enforcement conducted an unlawful stop, search or seizure, the evidence may be suppressed. If police did not have probable cause or a valid warrant, the case could be dismissed.

Lab tests must confirm the substance is illegal and improper handling or testing errors can lead to case dismissal. The chain of custody must be properly documented—any errors can result in evidence being thrown out.

Proving “constructive possession” (drugs found where the accused has control) can be difficult for prosecutors. If the drugs were in a vehicle with multiple occupants, it may not be clear who actually possessed them.

Any violations of Miranda rights or improper interrogations can also weaken the prosecution’s case.

First-time offenders may face up to one year in jail and a $1,000 fine, but alternatives like probation or drug court may be available.

Yes, depending on the circumstances of your case. We may be able to challenge evidence or negotiate a plea deal for a lesser charge. Charges may be dismissed if:

• There was no probable cause for the search or seizure.
• The drugs did not belong to you and were not in your actual or constructive possession.
• You complete a diversion program for first-time offenders.
• The evidence was mishandled or improperly tested.

If the drugs were found in a vehicle, home or shared space, the prosecution must prove you had knowing possession.

Drug convictions do not automatically disappear from your record, but expungement may be possible after a certain period.

Many first-time, non-violent offenders are eligible for alternative programs instead of jail time.

Fighting a CDS possession charge requires strategic legal defenses, such as:

• Unlawful Stop: If the police did not have reasonable suspicion of criminal activity, they cannot lawfully pull you over. If there’s an unlawful stop in a case, it is possible to have all the evidence suppressed.
• Illegal Search & Seizure: If police searched your car, home or person unlawfully, evidence can be suppressed.
• Lack of Possession: Prosecutors must prove the drugs were knowingly in your control or actual possession.
• Lab Analysis Issues: If the substance isn’t a controlled dangerous substance, charges may be dropped.
• First-Time Offender Programs: Some cases qualify for diversion programs or probation instead of jail.

Paraphernalia often refers to some sort of pipe or syringe used to administer controlled substances. It is common to find Possession of Drug Paraphernalia charged along with Possession of CDS. Possession of Paraphernalia is a misdemeanor, punishable for up to one year in jail and a fine of up to $1,000.

Yes, drug possession penalties depend on substance type, amount and prior convictions.

There are several ways you can be charged with possessing CDS:

• Actual possession: The CDS is actually on your person
• Constructive Possession: The CDS is not personally in your pocket or on your person, but the CDS is in an area that you have dominion or control over, such as a glovebox of a car.
• Joint Possession: CDS can be considered in the possession of multiple people at one time, typically when it is found in a car with multiple passengers.

Yes. Car searches are a common starting point for possession of CDS cases – even if you weren’t driving the car where CDS was found. Being a passenger in the car can result in CDS charges under the theory of joint possession or constructive possession.