New Oklahoma Law to Reduce Sentencing for Drug Possession

For years, Oklahoma has been known for having some of the nation's toughest drug laws. However, in the post-War on Drugs era, it has become evident thata tough-on-crime approach to non-violent drug offenses has simply led to prison overcrowding, an influx of children in DHS care, and little to no rehabilitationfor drug offenders. Instead, tough sentencing for non-violent drug offenses, such as possession for personal use, merely creates a cycle of addictionand incarceration.

In recent years, the federal government has begun to decry mandatory minimum sentencing as "draconian," and in light of significant problems the statehas had with skyrocketing incarceration rates--largely due to non-violent offenses and drug crimes--Oklahoma has recently passed four criminal justicereform measures that could bring some relief. These measures begin to transition the state from a failed "tough-on-crime" approach to a more reasonable"smart-on-crime" approach.

Among the four criminal justice reform bills recently passed by the state legislature and signed into law by Gov. Mary Fallin is HB 2479,which amends existing drug laws by lessening the penalties for drug possession.

Currently, state law (63 O.S. 2-402) penalizes drug possession as follows:

• Possession of a Schedule 1 or 2 drug (other than marijuana) - first offense - felony punishable by 2 to 10 years in prison
• Possession of a Schedule 1 or 2 drug (other than marijuana) - second or subsequent offense - felony punishable by 4 to 20 years in prison
• Possession of marijuana or Schedule 3, 4, or 5 drug - first offense - misdemeanor punishable by up to one year in county jail
• Possession of marijuana or Schedule 3, 4, or 5 drug - second or subsequent offense - felony punishable by 2 to 10 years in prison

Effective November 1, 2016, the penalties will be reduced in the following manner:

• Possession of a Schedule 1 or 2 drug (other than marijuana) - first offense - felony punishable by 1 to 5 years in prison
• Possession of a Schedule 1 or 2 drug (other than marijuana) - second offense - felony punishable by a maximum of 10 years in prison
• Possession of a Schedule 1 or 2 drug (other than marijuana) - third or subsequent offense - felony punishable by 4 to 15 years in prison
• Possession of marijuana or Schedule 3, 4, or 5 drug - first offense - misdemeanor punishable by up to one year in county jail
• Possession of marijuana or Schedule 3, 4, or 5 drug - second or subsequent offense - felony punishable by 1 to 5 years in prison

In most cases, the penalties for drug possession will be cut in half. This reduction in drug penalties for non-violent crimes of possession for personaluse should bring drug sentencing much closer to actual justice than the overzealous punishment Oklahomans currently face for drug possession.