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Possession of a Precursor with Intent to Manufacture - Smurfs - Purchase of Cold Medicine

Possession of a Precursor with Intent to Manufacture a Controlled Drug
vs. Misdemeanor Possession / Purchase of Cold Medicine in Oklahoma

By Tulsa Criminal Defense Attorney – Glen R. Graham

Sometimes people making a purchase of cold medicine are called "smurfs" by law enforcement officials and other parties. The word "smurf" comes from the television and comic series called "The Smurfs." Smurfs are imaginary blue cartoon characters and typically archetypes of everyday people. In the 1980's, the smurf cartoon series was one of the most popular television programs. It is unclear why law enforcement and others would call over the counter cold medicine buyers "smurfs."
Low grade drug runners are sometimes called "mules" because they a viewed as people with mule like characteristics, in that, they work for other people who are the masters, and the mules are just the "stupid pack animals" that work for the masters, or people in control. The analogy would be that the smurfs are people who a lower echelon workers or no-bodies who work for the Papa Smurf or the people in control and that the smurfs just do the buying for someone else. Calling people derogatory names like "smurfs" seems to be questionable although it may be understandable and easier to say that calling them "lower echelons" who are not the actual manufacturers.
Oklahoma laws dealing with possession of a precursor in listed in Title 63 of the Oklahoma Statutes. But, there are also federal laws with have limits on possession of a precursor. Sometimes the government will file cases in both state and federal court, or they may dismiss the state charge and re-file the case in federal court.
The Oklahoma statutes are in 63 O.S. Section 2-332

“B. Except as provided in this subsection, possession of a drug product containing more than nine (9) grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers shall constitute a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. The rebuttable presumption established by this subsection shall not apply to the following persons who are lawfully possessing drug products in the course of legitimate business . . .

A case out of Oregon - dealing with misdemeanor possession of precursor - simple possession versus possession of precursor with intent to manufacture is State v. Moreno, 104 P.3d 628 (2005), 197 Or. App. 59:

A useful quote from this case is: “In effect, the state asks us to conclude that a jury could infer the requisite "conscious objective to" manufacture methamphetamine from the same facts that constitute the misdemeanor offense of possession of pseudoephedrine. On this record, however, such an inference requires too great a leap and would require speculation, rather than logical inference. See State v. Lopez-Medina, 143 Or.App. 195, 201, 923 P.2d 1240 (1996)style="font-size:130%;"> (evidence is insufficient to support an inference when the conclusion to be drawn from it requires "too great an inferential leap" because the logic is too strained). The same is true of any inference that defendant was working "in concert" with a specific individual who had the wherewithal to manufacture methamphetamine and the physical equipment and site to do it. Not a shred of 631*631 evidence in this record suggests the existence of such a person.”

This case indicates that merely possessing cold medicine does not prove possession with intent to manufacture. If the purchaser denies that he or she is purchasing the cold medicine for anything illegal like manufacturing a controlled drug, then the state would be required to show some evidence to prove the intent. Usually, the defendant makes an incriminating statement or they may possess evidence that indicates that they had intent to manufacture.

In sum, the mere possession does not automatically prove possession of a precursor with intent to manufacture, but under Oklahoma law, there is a “rebuttable presumption” that the possession of 9 grams of the prohibited substance is with intent to manufacture.

Under Oklahoma law, Title 63 O.S. Section 2-212 (A), states:

"No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any product, mixture, or preparation within any thirty (30) day period. Provided, the requirements of this subsection shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription.

Federal law prohibits a person from purchasing a product containing more than 3.6 grams of a product containing Ephedrine, pseudoephedrine or phenylpropanolamine. The Combat Methamphetamine Epidemic Act of 2005 can be found in Title VII (7) of the USA Patriot Improvement and Reauthorization Act of 2005 (Public Law 109-177), and it was implemented into the Controlled Substances Act of Title 21 U.S.C. Sections 801-971. For additional information see:

What to Expect on a DUI or Marijuana Case

What to Expect on a Misdemeanor DUI or Possession of Marijuana Charge
By Glen R. Graham, Criminal Defense Attorney, Broken Arrow Criminal Defense Attorney, Tulsa Attorney, Owasso, Bixby, Glenpool, Skiatook, Collinsville, Sapulpa, and surrounding courts in Oklahoma
Phone 918-260-8184

Each case is different but the same basic rules and same laws apply all over the state of Oklahoma. In a DUI or APC case, you only have 15 calendar days from the date of your arrest to request in the alternative an administrative hearing and/or a modified driver's license. This is a strict time limit which is enforced.

Our office handles these cases, and you should call us to schedule an appointement at Graham Law Office - 918-260-8184. The facts of each case are different and you should contact an attorney immediately to find out about your legal rights and the best way to handle your specific circumstances. Broken Arrow criminal defense attorney cases and Tulsa criminal defense attorney cases and Bixby, Owasso, Glenpool, and Sapulpa criminal defense attorney cases are all based upon the same basic state laws. Our website has more information - Criminal Defense Attorney in Oklahoma - Broken Arrow, Tulsa, Bixby, Owasso, Glenpool, Sapulpa, and others.
You may have a defense in your case. There may be motions that need to be filed to protect your rights and you only have 15 calendar days to make a proper written request to the Department of Public Safety to attempt to save your driver's license.

While you may have been given a temporary license good for 30 days, in fine print, it states you only have 15 days to request an administrative hearing and/or modified drivers license. The 15 day time limit is strictly enforced by the Department of Public Safety. Even though you court date may be continued beyond the 15 days, under the law, the driver's license matter is treated completely separate from your criminal case in court. Everyone is presumed to know the law even though most people do not know about the 15 day time limit, but ignorance of the law is not considered a valid excuse or exception to the 15 day limit.

In regard to misdemeanor, possession of marijuana cases, you do not have to make any driver's license request, but you should contact an attorney to protect your legal rights as soon as possible. You may have a defense in your case. Some times a plea bargain for a deferred sentence to get the sentence dismissed and expunged at the end of a short period of time may be worked out in your case. It is also important to know that some judges may require you to submit to a random urine test for drugs so you should immediately cease and stop using if you have been using. On occasion, the court may want to see a drug test result before the sentence is imposed and some may require an assessment. You should contact an attorney to help you in this matter.

The Graham Law Office - Glen R. Graham and Associates - strives to help you achieve success in your case and the best available options. Please call us at (918) 260-8184 to schedule an appointment to discuss your case.

Penalty Ranges for City of Tulsa Misdemeanor Cases

The Penalty Ranges for Misdemeanor Cases in the Municipal Court of the City of Tulsa
By Glen R. Graham, Tulsa Criminal Defense Attorney,
Tulsa Misdemeanor Municipal Cases - City of Tulsa

City of Tulsa - Penalty Ranges under Title 27 and Title 37 of the Ordinances of the City of Tulsa

Link to The Ordinances of the City of Tulsa
Speeding tickets are at the bottom of this summary

Possession of Marijuana $150 - $1,000 and/or 0- 6 months
Larceny of Merchandise from Retailer 0-30 days and/or $10-$500
Larceny of Merchandise from Retailer 2nd Minimum 30 days to 6 months and/or 0-$1,000
Assault 0-30 days and/or 0-500
Assault & Battery 0-90 days and/or 0-$1,000
Assault &Battery (Domestic) 0-6 months and/or 0-$1,200

Soliciting for Prostitution 30 days to 6 months and/or 0-$500
Outraging Public Decency 0-6 months and/or 0-$500
No Drivers License 0-$300 and/or 0-30 days
Driving under Suspension 0-$500 and/or 0-90 days
No Proof of Insurance 0-$250 and/or 0-30 days
Improper tag display 0-$300
Aggravated Speeding 0-$500 and/or 0-10 days
Speeding in School Zone $10-$500 and/or 5 days to30 days
Passing a School Bus 0-$500 and/or 0-90 days
Drag Racing $25-$500 and/or 0 to 90 days
Reckless Driving $100 - $500 and/or 5 days to 90 days
Eluding Police $100 - $1,250 and/or 0-90 days
Resisting an Officer 0-$200 (No Jail)
Disabled Parking $150 - $250
All Other Chapter 5, NS 0-$500
DUI 0-$1,000 and/or 10 days to 6 months
DUI under 21 Measureable Amount -0 days in Jail and 20 Hours CS and/or $100 -$500 and/or Treatment
DWI 0-$500 and/or 0- 90 days
Hit and Run Accident (Attended) 0- $500 and/or 0-90 days
Hit and Run (Unattended) Accident or Property 0- $500 and/or 0-30days
Open Container (Liquor) 0-$500 and/or 0- 90 days
Open Container (Beer) 0-$500 and 0-90 days
Excessive Speaker Sound 0-$200
Any Chapter 7 Equipment Violation $5 to $500 Any Chapter 8; NS 0-$500 Any Chapter 11; NS $5 to $500

Title 37 Section: 617.A Speeding in Excess of the Posted Limit
1-10 miles per hour over $ 150.00
11-15 miles per hour over $ 175.00
16-20 miles per hour over $ 200.00

617.B Speeding in Excess of Unposted Limit
1-10 miles per hour over $ 150.00
11-15 miles per hour over $ 175.00
16-20 miles per hour over $ 200.00

617.C Aggravated Speeding, Greater than 20 Miles Per Hour Over a Posted
or Unposted Limit(21 miles per hour & over)0 - $500 and/or 0 - 10 days in Jail

618 Driving at an Imprudent Speed for the Conditions Affecting Speed 0 - $150.00

619 Speed Less than the Posted Minimum 0- $150.00

620 Speeding Greater than 15 Miles Per Hour Through an Unmarked Intersection 0-$150

621 Speeding Greater than 10 Miles Per Hour in an Alley 0-$150.00

622 Driving at a Speed too Slow For Conditions and Impeding the Movement of Traffic 0 - $150.00

15 Days to Save Your Drivers License After DUI in Oklahoma by Broken Arrow DUI Attorney

15 Days to Save Your Drivers License after DUI in Oklahoma
By Glen R. Graham, Broken Arrow DUI Attorney, Glenpool, Bixby, Sand Springs, Tulsa
The Graham Law firm handles DUI and DWI and other cases through-out Oklahoma including Tulsa, Broken Arrow, Glenpool, Bixby, Jenks, Sand Springs, Sapulpa, and Pawhuska, and Wagoner County and others. Glen R. Graham is an experienced DUI Attorney with over 25 years in practice. Call us at (918) 260-8184 so we can begin assisting you.

New laws were passed -  you SHOULD request an administative hearing on your driver's license within 15 days of the date of your arrest = new post about the new laws  on this Blog RECENTLY POSTED  - new updated material is located at the following: 

NEW POLICY NOTICE:   New DPS policy is to treat all  ALTERNATIVE requests for hearing or work permit as a request for a hearing only.  So, you need to specify if you want a hearing or if you want the work permit - modified license in place of the hearing.   You need to make the decision immediately before sending in the request within 15 days of the date of the arrest.

Typically, a DUI arrest in Oklahoma can be a traumatic experience. The person will have numerous questions and fears. You should immediately contact an attorney. We at the Graham Law Firm specialize in DUI - DWI - APC and alcohol related offenses. With over 25 years experience and numerous jury trials and successful negotiations, we have the proven experience necessary to obtain a result you can live with in your case. Call us today at (918) 260-8184 and we can schedule an appointment to begin working on your case.

You ONLY have fifteen (15) days from the date of your arrest to request an administrative hearing to attempt to save your drivers license. Normally, you are given a temporary license good for 30 days but in fine print it tells you that you only have 15 days from the date of your arrest to request an administrative hearing on your drivers license. This is COMPLETELY SEPARATE from your court date and your court matter on your DUI case.

The difference between a charge of driving under the influence of alcohol or any intoxilyzing substance (DUI) and the charge of driving while impaired (DWI) is based upon the blood alcohol content (BAC) in your breath or blood sample as tested by a machine or if you refused a test then it is based upon an officer's opinion. If you BAC test result is above .08 or more then you will be charged with DUI. If you BAC test is between .05 and .08, then you will be charged with driving while impaired (DWI). If you are under the age of 21 years, then if you have any measurable BAC then you can be charged as DUI under the age of 21 years. If you BAC test is above .15 then you can be charged with aggravated DUI.

Second offense, DUI may be charged as a felony. It is not always charged as a felony because it depends on what happened on the first DUI and whether the first DUI was a court of record or not. There are many defenses to a felony charge of DUI. Sometimes the prior misdemeanor DUI can not be used as a valid enhancement because it was not in a court of record or there is inadequate records concerning whether the right to counsel was waived or not. An experienced DUI attorney such as Glen R. Graham can argue all of the legal defenses which should be aggressively litigated in your case.

You Do Not Create an Attorney-Client Relationship with Me without Paying a Retainer Fee

You Do Not Create an Attorney-Client Relationship with Me without Paying a Retainer Fee
By Glen R. Graham, Attorney at Law, Tulsa, OK

If you call me for a fee quote, then I will do my best to give you an estimate with certain limitations. However, if you want accurate (correct) legal advice, then you will need to schedule an appointment and to pay a fee for that. At this time, I am unable to offer free legal advice to everyone that is calling my office. I will schedule an appointment and charge you for an initial consultation but I am not offering free legal advice.

If you are calling me for a non-legal problem, then I may be unable to assist you.

I recommend that you call 3-5 other professionals and if you are still wanting to talk to me, then call me back after you talk to other people. We can schedule an appointment for you to come to my office and pay me a fee for the legal advice which you are seeking to obtain from me. It is on a case by case basis. Some cases require legal research and some matters can be answered immediately.

I do not have an immediate answer to every legal problem. Some matters do require legal research for a correct answer. I believe if the advice and information is valuable and if you want to be certain of the answer, then you should pay for that information.

Do not expect something for nothing. You DO NOT CREATE AN ATTORNEY - CLIENT relationship with me by calling me and asking for FREE LEGAL ADVICE. I DECLINE TO ENTER INTO AN ATTORNEY-CLIENT RELATIONSHIP WITHOUT A RETAINER FEE.

Multiple times a week and sometimes a day, people are calling me with legal and non-legal questions. It is almost like I am the "the great wizard or master" and supposedly by calling me people expect free terrific fantastic advice on every problem in their life. I am a businessman and an attorney. I have deleted ALL OFFERS of FREE ADVICE. This is my new policy. You call me and want a FEE QUOTE. I will tell you my best estimate with limitations. You want legal advice, then you will need to schedule an appointment with my office. I will tell you that depending upon your legal or mental or social (non-legal) problem, that you may want to call other professionals and that I normally recommend you call at least 3-5 other professionals before you schedule an appointment with my office. It appears that people will call an attorney for social advice or advice that a psychologist, friend, minister or non-legal professional should be providing. It also appears that people will call for free information about anything and everything. There are thousands, millions, and maybe billions of people that will call for FREE advice. I decline to talk to all you and I do not have an answer to all of your problems, some of which may be non-legal problems.