Reduced Penalties for Felony Drug Possession Charges

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