Tulsa has some of the harshest penalties for drug crimes in the nation, especially for the manufacturing or distribution of a controlled substance in Oklahoma.
What is a Controlled Substance in Oklahoma?
Oklahoma classifies all its drugs, prescription and illegal, into Schedules according to the risk of addiction and harm balanced against medical use of the product.
The riskier drugs and the consequences for possession, manufacture, and distribution of them are enumerated primarily in Schedules I and II. (Okla. Stat. tit. 63 §§ 2-204 et seq.)
Examples of Schedule I and II drugs are:
- Opiates such as dextromoramide;
- Opiate derivatives such as morphine;
- Hallucinogenic drugs such as LSD;
- Stimulants such as amphetamine and methamphetamine.
Manufacturing and Endeavoring to Manufacture — More Trouble Than You Think
“Manufacture” means producing, preparing, processing, and/or growing a controlled substance in Oklahoma. Manufacturing can be done in any one of a number of ways including growing a marijuana plant in your backyard.
Oklahoma statutes define a “manufacturer” of a controlled dangerous substance in broad terms. “Manufacturer” includes anyone who packages, repackages, or labels any controlled dangerous substance. (Okla. Stat. tit. 63 § 2-101)
Under this definition, if you package your marijuana in a baggie, you could be deemed to be a “manufacturer” under Oklahoma law.
Endeavoring to manufacture a controlled substance in Oklahoma does not mean that you are involved in the actual manufacture of the substance. In Oklahoma, any person who offers, solicits, attempts, endeavors, or conspires to manufacture illegal drugs can be convicted of a felony crime. (Okla. Stat. tit. 63 § 2-408)
Endeavoring is broadly defined here. You don’t actually have to manufacture the drug to be found guilty of this crime. (Okla. Stat. tit. 63 § 2-401)
Here are a few examples of activities likely to be sufficient for a conviction of endeavoring to manufacture a controlled substance in Oklahoma:
- Gathering the needed chemicals for manufacture;
- Cultivating marijuana;
- Planning the manufacture.
Endeavoring to manufacture a controlled substance in Oklahoma is a felony offense. For some of these drugs, you can face life in prison in addition to substantial fines.
For example, if you are convicted of trying to manufacture methamphetamine in Oklahoma, even as a first offense, you could serve anywhere from seven years to life in prison in addition to paying hefty fines.
Free Consultation: Tulsa Criminal Defense Attorney
If you or someone you know is accused of manufacturing a controlled substance in Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Offices – Tulsa today, by calling 918-756-9600 or toll-free at 1-888-447-7262 (Wirth Law).
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