This ridiculous crime is something prosecutors use to either charge someone with a felony when they can’t do so otherwise or use to pile extra charges onto a defendant.This law applies to someone who is a “dealer,” which is defined as a person who, in violation of the Uniform Controlled Dangerous Substances Act, manufactures, distributes, produces, ships, transports, or imports into Oklahoma or in any manner:
- acquires or possesses more than 42.5 grams of marijuana,
- seven or more grams of any CDS other than marijuana, or
- ten or more dosage units of any controlled dangerous substance (CDS) other than marijuana that isn’t sold by weight.
For purposes of this law, a CDS is a drug, substance, or immediate precursor specified in Schedules I through V of the Uniform Controlled Dangerous Substances Act which is held, possessed, transported, transferred, sold or offered to be sold in violation of the laws of Oklahoma.
Punishment for Possession of a Controlled Dangerous Substance Without a Tax Stamp
Any “dealer” manufacturing, distributing, producing, shipping, transporting, importing or possessing any CDS without affixing the appropriate stamp, upon conviction, is guilty of a felony punishable by imprisonment in the Department of Corrections for up to five years. The maximum fine is $10,000.00.
Of course, nobody will have a tax stamp, so simple possession of a certain amount of drugs can violate this statute in addition to the one that the voters changed via SQ 780 (63 O.S. § 2‑402). Since nobody is going to attempt to get a tax stamp on an illegal drug, anyone in possession of an illegal controlled dangerous substance in the above amounts can be found guilty of violating the Controlled Dangerous Substances Tax Act.
This law is a prosecutor’s way of circumventing the will of the voters who voted for State Question 780 on November 8, 2016, which reduced the simple possession of all drugs to a misdemeanor.
Sources: 68 O.S. § 450.1 & 68 O.S. § 450.8
Current as of April 1, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.