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Common defenses against drug possession

On Behalf of | Dec 7, 2022 | Criminal Law |

Possession of a controlled substance in Oklahoma is a serious offense. The penalties for possession depend on the type and amount of the drug and the offender’s criminal history.

Common defenses against possession of a controlled substance include:

  • the defendant did not know that the substance was a drug
  • defendant was induced or coerced by law enforcement into possessing the drugs
  • police searched the defendant’s property without a warrant or probable cause
  • defendant had a valid prescription for the medication

The unlawful possession of a prescription drug

One criminal defense is that you did not know the drug was a controlled substance. For example, if you were given a prescription by a doctor or friend and did not know it was an illegal drug, you may be able to use this defense.

The personal use exception

If a person is found in possession of a small amount of drugs and can prove that the drugs are for personal use, there may not be charges. However, possession of a large quantity of drugs, or evidence that the individual is selling the drugs to others, could result in a criminal charge.

The medical necessity defense

The “medical necessity” defense can be used in a drug possession case if the defendant can show that the drug was necessary to treat a medical condition. This defense is based on the principle that a person should not be punished for possessing a controlled substance if it was necessary to treat a legitimate medical condition.

The prescription defense

If the drugs were prescribed to you by a doctor, you might be able to avoid conviction if you can show that you had a valid prescription at the time of your arrest.

A few possible defense strategies

These are just a few possible defenses that may be available to you if you face drug possession charges.