Known as the Oklahoma Drug Tax Stamp, the state taxes possession of certain drugs. Okla. Stat. tit. 68 § 450.2
Failure to pay the tax is a crime. Also, when it is charged, violation of the Oklahoma Drug Tax Stamp law is almost always charged along with possession or sale of an illegal controlled substance. It’s usually an add-on charge.
How The Oklahoma Drug Tax Stamp Works
The tax is levied and paid by affixing stamps to the substance when a dealer purchases, obtains, or transports a controlled dangerous substance. The stamp is affixed to the substance immediately after receipt of the substance. And each stamp may only be used once. Okla. Stat. tit. 68 § 450.3
A controlled dangerous substance is defined as a drug or substance classified Schedules I through V of the Uniform Controlled Dangerous Substances Act of Oklahoma and which is held, possessed, transported, transferred, sold, or offered to be sold in violation of Oklahoma law. Okla. Stat. tit. 68 § 450.1
Because the possession and sale of these controlled substances are illegal for the most part, people usually fail to pay the stamp tax.
The Drug Tax Stamp Is Expensive
The taxes are as follows:
- Marijuana (a gram): $3.50
- A gram of a controlled dangerous substance other than marijuana: $200
- Fifty dosage units of a controlled dangerous substance other than marijuana and is not sold by weight: $1,000
Okla. Stat. tit. 68 § 450.2
If you are caught in possession of any of these substances and do not have the needed tax stamp, not only are you in violation of drug possession laws in Oklahoma, you may also be in violation of the Oklahoma Drug Tax Stamp law.
What Is A Dealer Under The Law?
The drug tax stamp statute specifically refers to dealers. Under the Oklahoma Drug Tax Stamp statute, a dealer is a person who in violation of Oklahoma’s Uniform Controlled Dangerous Substances Act, manufactures, distributes, produces, transports, or possesses more than 42.5 grams of marijuana, 7 or more grams of any controlled dangerous substance other than marijuana, or 10 or more dosage units of any controlled dangerous substance other than marijuana.
Under the statute, possession of the substance is enough. If you are in possession of enough of the drug and have failed to pay the tax and affix the stamp, you are in violation of the law.
Penalties For Violation Of Oklahoma Drug Tax Stamp Law
A violation of this law is classified as a felony in Stillwater, Oklahoma. A civil penalty of 100% of the tax amount may be levied against you in addition to the tax amount.
In addition, you can serve a prison sentence up to five years, pay a fine of up to $10,000, or both. Okla. Stat. tit. 68 § 450.8
If you re-use a stamp or try to make a counterfeit stamp, you could be convicted of a felony punishable by up to five years in prison, a fine of up to $1,000, or both. Okla. Stat. tit. 68 § 450.9
A felony conviction can change the course of your life. You can lose your freedom and the right to vote, be denied employment, and suffer a loss of earnings.
While on its face, the violation of a failure to purchase an Oklahoma Drug Tax Stamp act doesn’t seem severe, the penalties are harsh. Hire an experienced Stillwater criminal defense attorney today to protect your freedom.
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