At the beginning of March 2020, several new drugs were added to Oklahoma’s controlled substance list. This list exists in addition to the federal drug list. Any substance on either list is also automatically classified as a controlled substance in Oklahoma. To decrease your risk of a drug conviction, avoid the following new additions to Oklahoma’s controlled substance list.

The Schedule I and II Drugs Added to the List

The following drugs were added to Oklahoma’s controlled substance list:

• Schedule I drugs. The drugs that were added include cyclopropyl fentanyl, butryl fentanyl, n-ethyl hexadrone, isopropyl-U-47700, para-fluorobutyrl fentanyl, fluoro isobutryrl fentanyl, 3-hydroxy phencyclidine, and 3-methoxy Phencyclidine.

• Schedule II drugs Tianeptine was the only drug added to schedule II. Sold under the brand names of Stablon and Coaxil, tianeptine is an antidepressant used to treat major depressive disorder.

Language Added to Beginning of Controlled Substance Statute

In addition to the new drugs on Oklahoma’s list, new language has also been added to the beginning of the Schedule I and II sections of the drug statute. This language states that not only are controlled substances restricted, but also any compound, material, or mixture that contains any controlled substance, except “salts, isomers, and salts of isomers” that are possible within specific chemical designation. This language can create tricky situations for some drg defendants in the state. If you need further clarification regarding the statute or your arrest, and experienced drug defense attorney can help. 

Defenses to Drug Possession Charges

Oklahoma law enforcement takes the prosecution of drug crimes seriously. Fortunately, several defenses can be raised in response to drug possession charges, regardless of which substance is involved. Some of the various defenses used to respond to drug possession charges include:

• Establishing that the prosecution does not have a sufficient amount of evidence on which to base a conviction
• Arguing and providing evidence to show that you did not knowingly or intentionally possess the controlled substance
• Showing that you never actually handled the controlled substance and as a result never had control over the drug
• Demonstrating that you had a valid medical prescription for the medication, so the possession was not unlawful. Having a valid prescription serves as an absolute defense to charges related to possession of a controlled substance.
• Establishing that the drugs were only seized as a result of a violation of your Miranda rights. Remember that you have a right to an attorney before being interrogated by law enforcement.
• Showing that law enforcement violated your Fourth Amendment right against unreasonable searches and seizures by gathering evidence of the controlled substance. For example, law enforcement might have searched your house to find the controlled substance without a search warrant or without one of the warrant exceptions applying.

Speak with an Experienced Criminal Defense Lawyer

Being convicted of a drug offense in Oklahoma results in various hardships including large fines, imprisonment, and lasting social stigma. One of the best ways to respond to drug charges is to retain the assistance of an experienced drug defense attorney. Contact attorney Tracy Tiernan today to schedule a free case evaluation.