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.