Drug Possession

Drug Possession Attorney in Oklahoma City

Both Sides of the Courtroom. Nearly 20 Years Fighting for Oklahoma City Clients.

I’ve spent nearly 20 years in Oklahoma courtrooms, and I’ve stood on both sides. I began my career in the Oklahoma County Public Defender’s Office, served as an Assistant Federal Public Defender, and later as an Assistant District Attorney. That path gives me something many defense attorneys can’t offer: I know how Oklahoma County prosecutors build a drug possession case because I’ve built them.

I handle every case personally. There are no handoffs to junior attorneys or paralegals, and I’m available 24/7. I’m admitted to practice in all three federal districts in Oklahoma and am a member of the Oklahoma Bar Association, the Oklahoma Criminal Defense Lawyers Association, and the National Academy of Criminal Defense Lawyers.

A drug possession charge in Oklahoma City moves quickly. Call me today for a free one-hour consultation, available virtually, at (405) 504-1858. Don’t speak with law enforcement or discuss your case with anyone until you’ve spoken with an attorney.

What I Bring to Your Defense

Drug possession cases in Oklahoma County are rarely straightforward. Prosecutors can elevate a personal-use charge to possession with intent to distribute based on circumstantial evidence alone. My time as an Assistant District Attorney means I recognize those tactics early and build a defense directly against them.

I’ve taken numerous jury trials to verdict and conducted hundreds of preliminary hearings, pretrial motion hearings, and sentencing hearings at both state and federal levels. I also have extensive experience with diversion courts and the mental health and addiction issues that frequently intersect with drug possession cases. When incarceration isn’t the right outcome, I know how to pursue the alternatives.

Committed to Working with You Every Step
Available 24/7 and always by your side, I’ll guide you through every stage of your defense with care.
Hands-On Approach to Cases
You’ll work directly with me—no handoffs, no guesswork—just dedicated, personal defense every step of the way.
City, State, & Federal Experience
Skilled in navigating complex cases at every level of the justice system—from local courts to federal trials.
Honest & Experienced Defense Attorney
A former prosecutor who offers straightforward advice and strategic defense built on real courtroom experience.

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Oklahoma Drug Possession Law: What the Charge Actually Means

Under 63 O.S. § 2-402, it’s unlawful to knowingly or intentionally possess a controlled dangerous substance (CDS) without a valid prescription or other legal authorization. The Oklahoma Uniform Controlled Dangerous Substances Act organizes CDS into five schedules. Schedule I and II substances, including heroin, methamphetamine, cocaine, and fentanyl, draw the most serious prosecutorial attention.

Possession doesn’t require drugs to be on your person. It can be actual (drugs found on your body), constructive (drugs found in a vehicle or space you control), or joint (multiple people charged for the same substance). That distinction matters enormously for defense. Medical marijuana cardholders are authorized under state law to possess marijuana; anyone without that authorization faces criminal exposure regardless of amount.

Simple possession is legally distinct from possession with intent to distribute. Prosecutors look for indicators like scales, individually wrapped quantities, large amounts of cash, or text messages about sales. Those factors can lead to felony charges even when the amount itself is small.

Drug Possession Penalties in Oklahoma City

Oklahoma’s penalty structure for simple possession reflects two major shifts in state law. State Question 780, passed by voters and effective July 1, 2017, reclassified simple possession from a felony to a misdemeanor. HB 2153, the Four Strikes Law, later reintroduced felony exposure for repeat offenses within a 10-year window.

The current tiers work as follows:

Penalty tiers for simple possession of a CDS:

First offense: Misdemeanor, up to one year in county jail, fine up to $1,000, mandatory $100 trauma-care fee
Second offense within 10 years: Misdemeanor; court may order a substance abuse assessment and diversion program for up to one year in lieu of jail
Third offense within 10 years: Misdemeanor with a mandatory minimum of 30 days in county jail, fine up to $1,000
Fourth offense within 10 years: Felony under the Four Strikes threshold, one to five years in DOC custody, fine up to $5,000

Oklahoma County Drug Court is available as an alternative to incarceration in eligible cases. Prosecutors also sometimes elevate possession charges to possession with intent to distribute when they can’t reach a trafficking-level quantity, which can mean felony exposure even for amounts consistent with personal use.

How I Defend Drug Possession Cases in Oklahoma City

Every drug possession defense starts with the same question: was the evidence obtained legally? The Fourth Amendment prohibits unreasonable searches and seizures. If law enforcement violated those protections during a traffic stop, a warrant execution, or a warrantless search, the court may suppress the seized evidence. Without the drugs in evidence, the prosecution’s case may not proceed.

I examine every step of the evidence chain, from the initial stop through the lab testing results. I’m familiar with the standards used by the Oklahoma State Bureau of Investigation and local drug task forces in evidence collection and chemical testing. Chain of custody errors or contaminated samples can create reasonable doubt about whether the substance was even a controlled dangerous substance.

Other defense strategies I apply:

Lack of possession: When drugs are found in a shared vehicle or space, the state must prove you knew the substance was present. That’s often harder to establish than it looks.
Miranda violations: If you invoked your right to counsel or weren’t advised of your rights before making statements, those statements may be excludable.
Expert cross-examination: I cross-examine prosecution experts and drug task force witnesses on chemical testing conclusions, coded language interpretations, and financial record analysis.
Diversion and negotiated outcomes: When the evidence is strong, I pursue the outcome that best fits my client’s goals, whether that’s drug court, a negotiated plea, or another alternative to incarceration.

Consequences Beyond the Courtroom

A drug possession conviction doesn’t end at sentencing. The collateral consequences can follow you for years and reach into areas of life that have nothing to do with the criminal justice system.

Areas where a conviction can have lasting impact:

Employment: Convictions appear on background checks and can affect hiring decisions and professional license applications
Housing: Landlords and public housing programs routinely screen for drug convictions
Federal benefits: Student loans, grants, and SBA loans may be lost following a drug conviction
Driver’s license: Oklahoma law can trigger license revocation after a drug conviction
Firearm rights: Certain drug convictions result in loss of the right to own a firearm
Immigration status: Non-citizens convicted of drug offenses may face deportation or other immigration consequences
Expungement eligibility: Oklahoma doesn’t guarantee expungement for every drug conviction; eligibility depends on offense type, sentence completion, and criminal history

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Free Consultation with an Oklahoma City Drug Possession Lawyer

If you’re facing a drug possession charge in Oklahoma City, the decisions you make in the first days matter. I offer a free one-hour consultation, available virtually, so you can get a clear picture of where you stand before committing to anything. You’ll speak directly with me, not a receptionist or associate, from the first call through the final resolution.

Call Taylor McLawhorn Attorney at Law now at (405) 504-1858 to schedule your free consultation. I’m available 24/7.