Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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We all have different reactions when we hear “heroin.” Whether you’ve seen films or TV series glorifying the inner workings of the drug trade or you’ve read books or movies demonizing heroin abuse by artists and musicians, heroin remains an evocative and controversial drug. And even though social attitudes might be more relaxed when it comes to some recreational drug use, heroin possession and sale remains illegal under both federal and Sooner State drug laws. Here is a quick introduction to heroin laws in Oklahoma.
The exact parameters of state drug laws can vary depending on where you live. The following table lists the specifics of Oklahoma's heroin statutes.
Code Section |
Oklahoma Statutes Title 63 §2-101, et seq.: Uniform Controlled Dangerous Substances Act |
Possession |
Felony, 2-10 yrs.; Subsequent offense: felony, 4-20 yrs.; Within 1000 ft. of school or in presence of child under 12: up to double penalties; Subsequent offense: up to triple penalties |
Sale |
Felony, 5 yrs.-life and up to $100,000; Subsequent offense: double penalties with at least 10 yrs.; Within 1000 ft. of school or in presence of child under 12: up to double penalties; Subsequent offense: up to triple penalties |
Trafficking |
10-28 g.: $25,000-50,000 fine and prison term; over 28 g.: $50,000-500,000 and prison term |
Despite some drugs like marijuana being cleared for recreational use in other states, heroin remains criminalized at both the state and federal level as a Schedule I drug. State and federal drug laws cover possession, manufacturing and cultivation, and trafficking and distribution, and drug charge convictions, especially for dealing, can carry severe penalties.
For example, the possible penalties for heroin sale in Oklahoma can range from two years to life in prison, and fines up to $1,000,000. That sais, some jurisdictions have set up specialized “drug courts” that can offer drug treatment programs to first- and second-time drug crime defendants rather than lengthy jail sentences. Oklahoma’s Department of Mental Health and Substance Abuse Services operates the state’s drug courts.
Drug laws can change, sometimes along with our social norms regarding drugs and drug use. If you would like legal advice regarding a drug matter, you can contact an Oklahoma drug crime attorney. You can also find more information and resources on this topic at FindLaw's section on Drug Charges. And if you or someone you know may have a substance abuse problem, Oklahoma's Department of Mental Health and Substance Abuse Services has online, phone, and in-person resources.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Oklahoma attorneys offer free consultations for Drug Crime.