HB 2479 Makes Changes to 63 O.S. 2-402 by eliminating minimum sentences for first and second felony drug possession violations, reducing maximum sentences for all felony drug possession violations, and adding a section for third and subsequent felony drug possession violations.
The current version of 63 O.S. 2-402 (becoming obsolete on November 1, 2016) prescribes the following punishments for felony drug possession violations: 1. The first offense of possessing a schedule I or II substance (except marijuana), is a felony punishable by imprisonment for 2-10 years and a fine not exceeding $5000 2. Second or subsequent offenses of possessing a schedule I or II substance (except marijuana) are felonies punishable by imprisonment for 4-20 years and fines not exceeding $10,000 The new version of 63 O.S. 2-402 (taking effect on November 1, 2016) prescribes the following punishments for felony drug possession violations: 1. The first offense of possessing a schedule I or II substance (except marijuana), is a felony punishable by imprisonment for 0-5 years and a fine not exceeding $5000 2. The second offense of possessing a schedule I or II substance (except marijuana) is a felony punishable by imprisonment for 0-10 years and a fine not exceeding $10,000. 3. Third and subsequent offenses of possessing a schedule I or II substance (except marijuana) are felonies punishable by imprisonment for 4-15 years and fines not to exceed $10,000. The entire text of HB2479 can be found here: webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2479%20ENR.PDF The new version of 63 O.S. 2-402 can be found here: www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440597 Comments are closed.
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AuthorI am an Oklahoma criminal defense attorney with an office conveniently located near the Cleveland County District Court. Archives
October 2018
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