State of Oklahoma v. C.R.E.

Sapulpa, Oklahoma criminal defense lawyer Kent Morlan represented the Defendant charged with maintaining a place for keeping or selling controlled substance in violation of 63 O.S. 2-404, unlawful possession of a controlled substance in violation of 63 O.S. 2-204, and unlawful possession of drug paraphernalia in violation of 63 O.S. 2-405.

Under Oklahoma law, keeping or maintaining a place for keeping, selling, or using illegal drugs is a felony offense governed by Oklahoma Statutes Title 63, Section 2-404(A)

Core Legal Details Statutory

Definition: It is illegal to keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever that is resorted to by people using controlled dangerous substances, or any place used for keeping or selling those substances in violation of the law.Control and Management:

The phrase "keeping or maintaining" requires that the defendant has ownership, management, or control of the property or vehicle.

Personal Use Exception: The mere possession of limited quantities of a controlled substance by a person for their own personal use inside their own residence is generally insufficient to support a conviction for maintaining a place. The state must prove the place was maintained for keeping, selling, or allowing others to resort there for drug use, rather than a single isolated incident.

Penalties: If prosecuted and found to have committed the violation knowingly or intentionally, it is a felony punishable by imprisonment in the state penitentiary and/or substantial fines.

Review the formal jury instructions and legal elements for Maintaining a Place Where Drugs Are Kept provided by the Oklahoma Court of Criminal Appeals.Read a detailed breakdown of how prosecutors handle charges under Maintaining a Drug House is a Felony in Oklahoma.

The State of Oklahoma dismissed count 1. The Defendant elected to plead guilty to counts two and three and was fined $1,000 suspended to $250 plus a $100 payment of the District Attorney's Drug fund and to a $100 fine on the paraphernalia charge plus costs.