If you or a loved one was arrested for drug possession in Oklahoma, the charge is most likely a misdemeanor, not a felony. Since State Question 780 took effect on July 1, 2017, simple possession of a controlled substance for personal use has been a misdemeanor in Oklahoma City and statewide, which usually means a lower bond and a faster release than the old felony charge allowed. More serious charges such as possession with intent to distribute or trafficking are still felonies. Abraham’s Bail Bonds has helped Oklahoma City families post bond since 1959, and our licensed agents are available 24/7 at 405-528-8000.
A drug possession arrest in Oklahoma City feels overwhelming, especially in the first few hours when you are trying to figure out how serious the charge is and how to get your loved one home. Here is the good news that many families do not realize: Oklahoma is not the state it was a decade ago. Voters changed the law, and for most personal-use possession cases, the charge that once carried a felony record and prison time is now a misdemeanor. That single change often makes the difference between a manageable bond and a frightening one.
At Abraham’s Bail Bonds, we have guided Oklahoma City families through the Oklahoma County jail and court system since 1959. Below, we break down exactly what State Question 780 changed, whether your charge is a misdemeanor or a felony today, how that affects your bail, and what to do in the hours right after an arrest.
What State Question 780 Changed About Drug Possession in Oklahoma
State Question 780 reclassified simple drug possession from a felony to a misdemeanor across Oklahoma. Oklahoma voters approved the measure in November 2016, and it took effect on July 1, 2017. Before that date, possessing a personal-use amount of almost any controlled substance, including cocaine, methamphetamine, or heroin, was a felony that could send a first-time offender to prison. For years, simple possession was one of the most common reasons people entered Oklahoma’s prison system.
After State Question 780, personal-use possession became a misdemeanor with a maximum penalty of up to one year in the county jail rather than a prison sentence. The impact was immediate. In the first year alone, felony filings for simple drug possession dropped by roughly three quarters statewide. A companion measure, State Question 781, directed the savings toward community substance-abuse and mental-health programs. You can read the official ballot summary on Ballotpedia’s State Question 780 page.
For a family dealing with an arrest, the practical takeaway is simple. A misdemeanor charge generally carries a lower bond and a faster path to release than the felony charge that applied before 2017.
Is Drug Possession a Felony or a Misdemeanor in Oklahoma City Today?
For most people, simple possession is a misdemeanor, but the number of prior convictions matters. Under current Oklahoma law (63 O.S. Section 2-402), simple possession of a controlled substance is a misdemeanor for a first, second, or third conviction within a ten-year period. A third conviction within ten years is still a misdemeanor but carries a minimum jail term and often the option of a court-ordered treatment program.
In 2023, the Legislature passed House Bill 2153, known as the four-strikes law, which took effect on November 1, 2023. It provides that a fourth simple possession conviction within ten years can be charged as a felony carrying a prison range of one to five years. Courts may still offer a substance-abuse diversion program that reduces that felony back to a misdemeanor upon successful completion. Marijuana possession is excluded from this four-strikes enhancement. You can review the current statute text on Justia’s Oklahoma Statutes Section 63-2-402 page.
It is just as important to know what State Question 780 did not change. The following charges are still felonies in Oklahoma, and they carry higher bonds:
- Possession with intent to distribute, where the facts suggest the drugs were meant to be sold rather than used personally.
- Drug manufacturing, including growing or producing a controlled substance.
- Drug trafficking, which is triggered by possessing amounts above set weight thresholds and carries the harshest penalties.
- Felony DUI involving drugs, which was not reclassified by State Question 780.
The table below summarizes how common charges are generally treated and what that means for bail.
| Charge Type | Classification | Typical Bail Impact |
| Simple possession, first to third offense (personal use) | Misdemeanor | Lower bond, often on the county bail schedule |
| Simple possession, fourth offense within ten years | Felony (HB 2153) | Higher bond, usually set by a judge |
| Possession of drug paraphernalia | Misdemeanor | Lower bond |
| Possession with intent to distribute | Felony | Higher bond, judge-set |
| Drug manufacturing | Felony | Higher bond, judge-set |
| Drug trafficking | Felony | Highest bonds, judge-set |
| Felony DUI involving drugs | Felony | Higher bond, judge-set |
Every case is different, and the exact charge depends on the facts. If you are unsure how a charge was filed, our agents can help you read the booking information.
How Your Charge Affects Your Bail in Oklahoma County
The misdemeanor-versus-felony distinction is the single biggest factor in how much bail costs and how fast release happens. In Oklahoma County, less serious and non-violent offenses are often listed on a county bail schedule, sometimes called jail bail. When a charge is on the schedule, a set bond amount is already assigned, so a bond can be posted soon after booking without waiting for a judge. Because simple possession is now a misdemeanor, many possession cases qualify for this faster route.
Felony charges work differently. For a felony drug charge such as possession with intent or trafficking, bail is usually set by a judge at arraignment based on the severity of the charge, the person’s history, and public-safety concerns. That generally means a higher bond and a longer wait for the amount to be set.
Oklahoma County recognizes several bond types, including release on your own recognizance, cash bonds, property bonds, and surety bonds. A surety bond through a licensed bail bondsman is the most common option because it lets a family secure release without paying the full bond amount to the court. For a closer look at how these differ, see our guide on cash versus surety bonds in Oklahoma City. We keep our terms straightforward and offer flexible payment options so cost does not stand between your family and a release. To keep this page useful for every situation, we do not quote bond figures here, because the amount depends entirely on the charge and the court.
What Happens After a Drug Arrest in Oklahoma City, Step by Step
Oklahoma City is the county seat of Oklahoma County, so nearly every arrest in the city is processed through the Oklahoma County Detention Center in downtown Oklahoma City. Knowing the sequence helps you act at the right moment.
- Arrest and transport. The person is taken into custody and brought to the Oklahoma County Detention Center for processing.
- Booking. Staff record the charges, take fingerprints and a photo, and complete intake. Booking can take anywhere from about one hour to two days depending on how busy the facility is.
- The phone call. The person is allowed to call someone to arrange bail. This is the moment to contact a bondsman so the process can begin right away.
- Bond determination. If the charge is on the county bail schedule, a set bond is available and can be posted after booking. If it is a felony, the bond is usually set by a judge at arraignment, the first court appearance in Oklahoma County District Court.
- Posting the bond. Once the bond amount is known, a licensed bondsman posts the surety bond on the family’s behalf. We handle the paperwork and the posting.
- Release. After the bond is posted and processing is complete, the person is released with a future court date. Starting early is the best way to shorten the total wait.
For more on the local process, our article on what happens when you are arrested in Oklahoma County walks through it in detail.
What to Do in the First Few Hours After a Drug Possession Arrest
What you do in the first hours can protect both the case and the release. These steps are practical and apply whether the charge turns out to be a misdemeanor or a felony.
- Stay calm and say little. The person only has to give basic identifying information. It is wise to politely decline to answer further questions until a lawyer is present, because statements can be used later.
- Do not consent to additional searches. A person has the right to decline consent to a search. This can matter a great deal for the defense.
- Gather the key details. Write down the full legal name, date of birth, the facility, and the charges if known. A bondsman needs this to locate the person and confirm the bond.
- Call a licensed bail bondsman. The sooner the bond process starts, the sooner release can happen. Our agents answer 24 hours a day.
- Line up a criminal defense attorney. A bondsman gets your loved one out; an attorney handles the case. Getting released first usually makes building a defense easier.
Need to get someone out now? Abraham’s Bail Bonds is available 24/7 across Oklahoma City and Oklahoma County. Call 405-528-8000 and a licensed agent will confirm the bond and start the release right away.
First-Time Drug Possession Charge? Why There Is Reason for Hope
A first misdemeanor possession charge often has a path to avoiding a permanent conviction. For a first drug offense, an Oklahoma judge may hold off on entering a guilty plea and instead place the person on probation or in a diversion program. If the person completes the terms successfully, the charge can be dismissed. This opportunity is generally a one-time benefit, which is why handling a first charge carefully matters so much.
Because a first-time misdemeanor also tends to carry a lower bond, families in this situation often have the most manageable path of all. We explain the release side of this in our guide to bail bonds for first-time offenders in OKC. You can also learn more about the policy background from the Oklahoma Policy Institute’s overview of State Question 780.
Why Oklahoma City Families Choose Abraham’s Bail Bonds
When a loved one is sitting in the Oklahoma County Detention Center, experience and speed matter. Abraham’s Bail Bonds has served Oklahoma City and the surrounding counties for more than six decades, and families, attorneys, and court officials across the region know our name.
| Why Families Choose Us | What It Means for You |
| Serving since 1959 | More than six decades of experience with Oklahoma City and Oklahoma County jails and courts |
| Available 24/7 | Arrests do not keep business hours, so we answer nights, weekends, and holidays |
| Licensed Oklahoma agents | Every bond is handled by a licensed, vetted bondsman who knows local procedure |
| Local knowledge | We regularly work with the Oklahoma County Detention Center and district court |
| Discreet and respectful | We handle sensitive situations privately and without judgment |
| Misdemeanors and felonies | From a first misdemeanor possession charge to a felony bond, we can help |
We serve Oklahoma City along with Oklahoma County, Cleveland County, and Canadian County, and we handle bonds statewide when needed. To see the full range of what we do, visit our bail bond services page.
Get Help Now: Fast, Confidential Bail Bonds in Oklahoma City
A drug possession arrest does not have to define your family’s future, and under State Question 780 the charge is often less severe than you fear. The most important thing you can do right now is start the release process. Call 405-528-8000 to speak with a licensed Abraham’s Bail Bonds agent any time, day or night, or reach us through our contact us page. We are licensed, discreet, available 24/7, and proud to have served Oklahoma City families since 1959. Let us help you bring your loved one home.
Frequently Asked Questions (FAQs)
Is drug possession a felony or a misdemeanor in Oklahoma?
For most people, simple drug possession for personal use is a misdemeanor in Oklahoma. State Question 780 reclassified simple possession from a felony to a misdemeanor effective July 1, 2017. A first, second, or third conviction within ten years is treated as a misdemeanor, though a fourth conviction within ten years can become a felony under House Bill 2153.
What did State Question 780 change about drug charges in Oklahoma City?
State Question 780 made simple possession of a controlled substance a misdemeanor instead of a felony across Oklahoma, including Oklahoma City. Approved by voters in 2016 and effective July 1, 2017, it removed the threat of a felony record and prison time for personal-use possession. Possession with intent to distribute, manufacturing, and trafficking remained felonies.
Does a misdemeanor possession charge mean lower bail?
In most cases, yes. Because simple possession is now a misdemeanor, bond amounts are generally lower than they were under the old felony charge, and the charge often falls on the Oklahoma County bail schedule. That can mean a faster release from the Oklahoma County Detention Center. Abraham’s Bail Bonds can confirm the bond and start the process 24/7 at 405-528-8000.
How quickly can someone be released from the Oklahoma County Detention Center?
Release time depends on booking, the charge, and how quickly the bond is posted. Booking itself can take anywhere from about one hour to two days, and once a bond is posted, release follows after processing. Starting the bond process early is the single best way to shorten the wait, which is why our agents are available around the clock.
What drug charges are still felonies in Oklahoma?
Possession with intent to distribute, drug manufacturing, and drug trafficking are still felonies under Oklahoma law. Felony DUI involving drugs was also not affected by State Question 780. These charges carry higher bond amounts that a judge usually sets at arraignment rather than from a standard bail schedule.
What happens on a fourth drug possession charge in Oklahoma?
A fourth simple possession conviction within ten years can be charged as a felony under House Bill 2153, which took effect on November 1, 2023. The felony version carries a prison range of one to five years, though courts may allow a substance-abuse diversion program that can reduce the charge back to a misdemeanor upon completion. Marijuana possession is excluded from this four-strikes enhancement.
Is marijuana possession treated the same as other drugs?
No. Marijuana possession is handled separately and is excluded from the four-strikes felony enhancement that applies to other controlled substances. A first offense for simple possession, including marijuana, is generally a misdemeanor. Marijuana held under a valid Oklahoma medical license is a different situation entirely.
Can I be charged if the drugs were not found on me?
Yes, through what Oklahoma calls constructive possession. Prosecutors can pursue a charge if they can show you knew the drugs were present and had the power and intent to control them, such as drugs found in a shared car or home. Because these cases turn on knowledge and control, they often raise strong questions that a defense attorney can challenge.
Do I need both a lawyer and a bail bondsman?
They serve two different roles, and most families use both. A bail bondsman handles the release so your loved one can wait for court at home, while a criminal defense attorney handles the case itself. Getting released first often makes it easier to prepare a defense, gather documents, and keep working. Abraham’s Bail Bonds focuses on the release side and can begin immediately.
Does Abraham’s Bail Bonds serve Oklahoma City for drug possession bonds?
Yes. Abraham’s Bail Bonds has served Oklahoma City and Oklahoma County since 1959 and posts bonds for misdemeanor and felony drug charges alike. Our licensed agents are available 24/7 and work discreetly to secure a fast release. Call 405-528-8000 or reach us through our contact page to get started.