If you’ve been charged with possession of a controlled dangerous substance (CDS), you’re not alone. Last year in Oklahoma, 18,590 people were arrested for drug violations. But if you’re sitting in jail facing a possession of CDS charge, that’s probably no consolation.
Maybe you were pulled over, and the officer found something in your car. Maybe you were at a party, and the cops showed up. Now, you’re wondering: Will you go to jail? Will this stay on your record forever? What happens next? Let’s break down what you’re up against, what the law says, and what you should do now.
What Is Possession of CDS?
In Oklahoma, the meaning of possession of CDS is governed by the Uniform Controlled Dangerous Substances Act, Section 2-402: “It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription.” This means you can be charged with possession of CDS if law enforcement finds you with an illegal substance and you don’t have a valid prescription for it.
Possession doesn’t always mean the drugs were found in your pocket or bag. If officers find drugs in your car, home, or anywhere you have control over, you could still face possession charges. For example, if police search your apartment and find meth in a drawer, you might be charged even if the drugs don’t belong to you.
A Quick History of Oklahoma’s Drug Possession Laws
Oklahoma once had some of the toughest drug laws in the country. Before State Question 780, if you were caught with drugs like cocaine, heroin, meth, crack, or PCP—even for the first time—you could be charged with a felony. A conviction often led to prison time, even if the amount of drugs was small.
The Impact of State Question 780
Things changed in 2017 when voters approved State Question 780. This law reclassified simple drug possession as a misdemeanor rather than a felony. It didn’t matter if you had prior drug offenses—if you were arrested for possession of CDS, you would face a misdemeanor charge instead of a felony.
This change helped thousands of Oklahomans avoid lengthy prison sentences for nonviolent drug offenses. Penalties for distribution of a controlled substance, possession with intent to distribute, and other drug crimes remained strict.
The Four Strikes Law
In 2024, Oklahoma lawmakers introduced the Four Strikes Law (HB 2153), which toughened penalties for repeat drug possession offenses. Under this law:
- Your first three drug possession convictions are still misdemeanors.
- On your fourth conviction, drug possession becomes a felony.
Before this law, simple possession of CDS remained a misdemeanor no matter how many times someone was charged. The new legislation was introduced in response to concerns from the District Attorney Council (DAC) and other groups that the state's drug laws had become too lenient.
What Drugs Are Defined as CDS?
Under Oklahoma law, “controlled dangerous substance” means “a drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act or any drug, substance, or immediate precursor listed either temporarily or permanently as a federally controlled substance.” This applies to:
- Amphetamine or methamphetamine
- Benzodiazepine
- Cocaine or “cocaine base” (crack cocaine)
- Fentanyl and its analogs and derivatives
- Heroin
- Hydrocodone
- Lysergic acid diethylamide (LSD)
- Marijuana
- MDMA (Ecstasy)
- Morphine
- Oxycodone
- Phencyclidine (PCP)
Whether you’re charged with possession of CDS or a more serious charge, like drug trafficking or aggravated trafficking, depends on the amount you have. Simple possession means you have:
- Less than 20 grams of amphetamines
- Less than 28 grams of cocaine
- Less than 10 grams of heroin
- Less than 25 pounds of marijuana
- Less than 30 tablets or 10 grams of MDMA
Oklahoma does allow possession of medical marijuana under Title 63, Section 420. Adults with a license can have up to 3 ounces on their person, 8 ounces in their home, and up to six mature marijuana plants along with six seedling plants. They’re also allowed to have up to 1 ounce of concentrated marijuana and up to 72 ounces of edible or topical marijuana.
Is Possession of CDS a Felony in Oklahoma?
Not always. In Oklahoma, the severity of a possession of CDS charge depends on the number of prior offenses within a ten-year period. While first-time possession charges are not felonies, repeat offenses can lead to serious consequences, including jail time, fines, and felony status after multiple convictions. Here’s what the law says:
- A first offense is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
- A second offense within ten years is also a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. The court may sentence the defendant to complete a substance abuse assessment and diversion program instead of serving jail time.
- A third offense within ten years remains a misdemeanor, but the punishment increases to a minimum of 30 days in jail, a fine of up to $1,000, or both. The court may also require participation in a substance abuse program for up to three years.
- A fourth offense within ten years becomes a felony, carrying a fine of up to $5,000 and a prison sentence of not less than one year and up to five years. The court may still require a substance abuse assessment and diversion program for up to three years.
Legal Options After Being Charged with Possession of CDS
A possession of CDS doesn’t always mean you’ll serve jail time or have a permanent criminal record. Depending on your situation, you may have legal options that could help you avoid a conviction or reduce the impact of the charge.
Deferred Sentences
If this is your first possession charge, you may be eligible for a deferred sentence, which means the court delays your sentencing for a set period—often one to two years—while you comply with conditions such as probation, drug testing, and staying out of legal trouble. If you complete all the requirements, the charge is dismissed, and you won’t have a conviction on your record.
Courts are more likely to offer a deferred sentence to individuals with no prior criminal history and those caught with small amounts of drugs. An experienced defense attorney can help you negotiate this option, which can prevent a criminal record from affecting your job, housing, and future opportunities.
Diversion Programs
For second and subsequent possession charges, the judge may allow you to complete a diversion program instead of jail time. These programs are designed to help individuals struggling with substance abuse rather than punishing them with long-term incarceration.
A diversion program typically involves regular drug testing, counseling, and required meetings, all of which are at your expense. Programs can last up to one year for misdemeanor charges and up to three years for felony offenses.
For a misdemeanor, completing the program lets you stay out of jail and get help. For a felony, the charge is reduced to a misdemeanor if you complete the program. However, if you don’t complete the program or don’t participate, the court can impose the full sentence allowed by law.
Dismissal of Charges
In some cases, your attorney may be able to get your possession of CDS charges dismissed by challenging the evidence against you. For example, if police searched you without probable cause, failed to obtain a warrant, or mishandled evidence, your lawyer can argue that it should be thrown out. Without key evidence, prosecutors may have no choice but to drop the case.
Other strategies include challenging witness credibility or arguing that you didn’t knowingly possess the drugs. If the substances were found in a shared space—like a car or home with multiple people—prosecutors must prove they belonged to you. If they can’t, the case may be dismissed.
The Bottom Line
While Oklahoma has moved away from automatic felony charges for many possession of CDS charges, the Four Strikes Law means repeat offenses can still lead to serious consequences. If you’re facing a drug charge, the right legal strategy can make all the difference.
At Khalaf Law Firm, we know how to fight drug possession charges and protect your future. Contact us today for a free case evaluation to discuss your options and start building your defense.