Laws change more often than you might imagine. Elections, public sentiment, and even emerging technologies can impact how existing laws are interpreted, or spur the introduction of entirely new laws. This can be frustrating for people trying to figure out how to handle criminal charges or navigate the complex legal system, so it’s important to stay informed. If you’re facing drug charges, Oklahoma’s Four Strikes Law is one of the newer amendments you should learn about.
What Is the Oklahoma Four Strikes Law?
House Bill 2153, more commonly known as Oklahoma’s Four Strikes Law, was approved by the governor in May 2023 and increases the punishment for drug charges if you have a criminal history. More specifically, if you violate the State’s possession of controlled dangerous substances (CDS) law for the fourth time within 10 years (which is called the period of enhancement), your charge will escalate from a misdemeanor to a felony. Note that these must be four separate possession convictions, not including possession of marijuana.
What Does the Oklahoma Four Strikes Law Change?
Prior to the Four Strikes Law, possession of CDS would only be charged as a misdemeanor regardless of criminal history, per State Question 780. So, your fourth CDS charge (or more), would generally be treated the same as a misdemeanor, regardless of prior convictions. That is no longer the case.
The stated goal of Oklahoma’s Four Strikes Law is to impose stricter penalties on repeat offenders in an attempt to deter these illegal activities. That being said, there are still ways to enroll in treatment programs or other court-ordered programs to reduce the charges, depending on your specific circumstances.
Defining “Possession”
Being charged with “simple possession” means you were caught with a controlled dangerous substance that was not prescribed to you and was intended for personal use.
Oklahoma uses the same drug classification systems as the federal government—Schedule I through V, with Schedule I being the most addictive and dangerous and Schedule V the least.
It’s important to know that charges and penalties may differ if there is evidence of intent to distribute CDS or based on the type of substance involved, including certain Schedule I or II drugs. For the purposes of this article, we’ll only be discussing simple possession charges and the consequences as they relate to Oklahoma’s Four Strikes Law.
Oklahoma Drug Law Punishments
The Four Strikes Law makes some big changes to the penalties for drug possession in the State, but does not necessarily increase prison time. Here are the punishments you may face under this new drug law in Oklahoma:
First Offense
The first drug possession conviction is the lightest charge and classified as a misdemeanor, punishable by up to 1 year in jail and a maximum $1,000 fine. You also may be ordered to serve probation and complete a drug and alcohol treatment program.
Second Offense
A second conviction within 10 years of the prior conviction is still classified as a misdemeanor with up to 1 year in jail and a maximum $1,000 fine. Court-ordered probation and drug treatment programs may be imposed, and will also likely be longer and more intensive than with a first offense.
Third Offense
Penalties may become more severe with each conviction, and courts are likely to impose longer probation and jail time. Additionally, the judge may order you to complete intensive outpatient treatment, as well as complete all the requirements outlined above for first and second offenses.
Fourth Offense
Your fourth possession conviction within 10 years is when the new drug law in Oklahoma takes effect. This conviction may be charged as a felony, which can carry more serious consequences than a misdemeanor, depending on circumstances of the case.
In some cases, alternatives such as diversion programs and treatment options may still be available, which could lead to a reduction of the charge. An experienced attorney can help you determine if those alternatives may apply to your specific case.
Your Legal Options
If you’ve been charged with possession of CDS and have previous convictions from the past decade on your record, the help of an experienced criminal defense attorney can make all the difference in your case. The Oklahoma Four Strikes Law adds more complexity to how the legal system handles drug convictions and your lawyer will help you build a strong defense that gives you the best chance at getting your charge reduced to a misdemeanor.
We have years of experience successfully handling everything from drug trafficking to simple possession cases. We can analyze your case and explain how you might be affected by new drug laws in Oklahoma, helping you take the right steps forward. Contact us today for a free case evaluation.