discretion to refer. A. Subject to the availability of funds, each district attorney may create within the office of the district attorney a Drug Possession Diversion Program and assign sufficient staff and resources for the efficient operation of the program. B. Referral of a violation of the provisions of Section 2-402 of Title 63 of the Oklahoma Statutes or possession of drug paraphernalia in violation of subsection B of Section 2-405 of Title 63 of the Oklahoma Statutes to the Drug Possession Diversion Program shall be at the discretion of the district attorney. This act shall not limit the power of the district attorney to prosecute a case for possession of a controlled dangerous substance. C. Upon receipt of a case for possession of a controlled dangerous substance, the district attorney shall determine if the charge is one which is appropriate to be referred to the Drug Possession Diversion Program. D. In determining whether to refer a case to the Drug Possession Diversion Program, the district attorney shall consider the following: 1. The schedule of the controlled dangerous substance possessed by the defendant; 2. The amount of the controlled dangerous substance possessed by the defendant; 3. If the defendant has a prior criminal record; 4. The number of drug-related crimes against the defendant previously received by the district attorney; 5. Whether or not there are other criminal charges currently pending against the defendant; and 6. The strength of the evidence against the defendant.
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