Q: In November they changed the law on how much meth 1 had 2 b n possession of 4 it 2 b a felony. Is that retroactive
My sister was arrested by the white horse police at Newcastle casino in October she was in possession of 20 grams of meth and was charged with felony trafficking does the change in law affect her case
A:
In Oklahoma, the difference between simple possession of drugs and the trafficking of drugs is the weight of the drugs. Trafficking of meth is the possession of 20 grams or more of meth. Between simple possession and trafficking is possession with intent to distribute. Possession with intent to distribute is not based on weight (although it can be a factor); rather, it is based on the evidence that the person in possession intends to distribute it (how it is packaged, the number of baggies, drug distribution paraphernalia, etc.). The law with regards to possession of CDS (simple possession) was amended in 2017 by State Question 780, which applies to those who committed the crime of simple possession after July 1, 2017. It made simple possession of drugs (including meth) a misdemeanor. The law that people refer to as making State Question 780 retroactive did not really make State Question 780 retroactive. Instead, it provided relief to those who committed the crime before July 1, 2017, and are in prison or about to be via a probation violation.
So, unless the weight of meth is under 20 grams or the State agrees to amend the charge, the amendments referenced above are not likely to affect her case.
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