Prescription drug possession charges is an epidemic plaguing our legal system of today’s society. According to a 2012 study from the Oklahoma Department of Mental Health and Substance Abuse Services, over 900,000 Oklahoma suffer from drug abuse problems. Additionally, the amount of people dying from prescription drug abuse was five times that of people dying from meth use.  The three big killers are oxycodone, hydrocodone, and Xanax. Some people have prescription drug use addiction issues reaching up to a $300/day habit.  Consequently, statistics like this have made Oklahoma a jurisdiction with some of the strictest drug laws.

If you or a loved one have experience with this kind of dependency, the desperation can be overwhelming. This might lead someone to acquire pills unlawfully. This article will explain the legal basis for issued relating to prescription drug possession and its charges.

Prescription Drug Use In Oklahoma

People often have extra pills from a prescription after they have a surgery or other medical issue.  As a result, there is a surplus of prescription pills ripe for abuse.  Oklahoma, under Title 63, has outlawed the use of prescription drugs not prescribed to you.  Most of these are in the Schedule II drug category under law.  Particularly, in §2-205 of Title 63, you can find a list of ingredients making up Schedule II drugs.

Due to the Opioid Epidemic, Oklahoma requires that pharmacies follow certain procedures as well.  The prescribing physician must first have a valid license.  Next, the prescription is sent to the pharmacy where the technicians will verify and double check the information.  Finally, once the prescription is validated, they pharmacy will fill it for the customer.  If the prescription does not match the electronic order, then the pharmacy cannot fill it.  This is a check and balances system for opioids.

Charges for Possession of Prescription Drugs

Oklahoma has some of the strictest drug laws in the nation.  Prescription drug use is in the Schedule II category. Under Oklahoma law, it’s illegal to possess a controlled dangerous substance (CDS) without a valid medical prescription from a licensed healthcare provider. As such, it is a serious felony crime. You might think that giving your friend a couple of pain pills in their time of need is harmless, but it isn’t.

Penalties can range from misdemeanor charges for small amounts intended for personal use, to felony charges for larger quantities that suggest intent to distribute. Convictions may result in fines, imprisonment, and a permanent mark on one’s criminal record. It’s also worth noting that Oklahoma has a “Drug Court” system. These are here to provide treatment and rehabilitation opportunities for eligible offenders. Thus, this aims to address the root causes of substance abuse rather than solely focusing on punitive measures.

Common Defenses for Prescription Possession 

When facing charges for possession of prescription drugs in Oklahoma, you can employ several defenses. This ultimately will depend on the specifics of the case, which a credible defense lawyer will help to determine. One common defense is the lawful possession argument. This is where the defendant proves they have a valid prescription from a licensed healthcare provider for the controlled substance in question. Another potential defense is challenging the legality of the search and seizure that led to the discovery of the prescription drugs. For example, if the finding of drugs during a search that was in violation of Fourth Amendment rights, the evidence might be inadmissible in court.

Additionally, defendants might argue the lack of knowledge or intent. This is a claim that they were unaware of the presence of the controlled substances in their possession, or that they had no intention to violate drug laws. Mistake of fact, where the defendant believes the substance was legal or prescribed, might also be considered. In specific situations, the defense of entrapment could be useful if the defendant was induced by law enforcement to commit a crime they would not have otherwise engaged in. Each defense requires a nuanced legal strategy tailored to the individual facts of the case. This will often necessitate the expertise of a legal professional who specializes in drug-related offenses.

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Tulsa County Possession Defense Lawyers Can Help

By choosing a skilled defense attorney in Tulsa County, individuals facing prescription drug possession charges can ensure they have the robust legal representation needed to achieve the most favorable outcome in their case. Our in-depth knowledge of Oklahoma’s drug laws, combined with the experience of handling similar cases, enables us to develop effective defense strategies that we tailor to each client’s unique situation. Whether it’s arguing for the legality of a prescription, challenging the circumstances of a search and seizure, or negotiating for alternative sentencing options like Drug Court programs, our legal professionals are dedicated to advocating for our clients’ rights and interests.

We understand that drug addiction needs proper help.  We also understand that you must have the opportunity to seek that help outside of prison.  Our prescription drug defense attorneys at Tulsa County Lawyers Group will fight for your rights, so you can fight your other battles.  Your first consultation with us is free by calling us at (918) 379-4864. You can also reach us by Asking A Lawyer Here.