A charge of trafficking illegal drugs in Oklahoma will depend in large part upon how much of the illegal drug is in your possession, custody or control. The intent to sell is inferred from the amount you are caught with.
Oklahoma drug laws were amended recently to make possession for personal use a much less serious crime. However, trafficking remains a serious crime in Oklahoma.
Illegal Drugs, Prescription Drugs, and Controlled Dangerous Substances
Oklahoma classifies all controlled dangerous substances, including all illegal drugs and all prescription drugs not obtained by valid prescription, according to a system of schedules. These schedules categorize drugs according to the level of addictive risk balanced against medical use and necessity. The riskier the drug, the more carefully it is regulated and the harsher the penalties involved. Okla. Stat. tit. 63 § 2-204 et seq.
What Constitutes Trafficking Illegal Drugs?
If you are in possession of a scheduled drug, you could be convicted of drug trafficking illegal drugs. And you might be convicted of aggravated trafficking if you are in possession of a certain quantity. So how much is enough? Not a lot in some cases. Here are some threshold amounts:
Marijuana: 25 lbs (1,000 lbs or more for aggravated trafficking)
Lysergic acid diethylamide (LSD): one gram (a packet of sugar is approximately one gram)
Cocaine: 28 grams or 50 dosage units (450 or more grams for aggravated trafficking)
Methamphetamine: 20 grams (450 or more grams for aggravated trafficking)
Phencyclidine (PCP): 20 grams or one ounce
Ecstasy (MDMA): 10 grams or 30 tablets
Heroin: 10 grams
The Oklahoma legislature has also added some prescription drugs to the list of trafficked drugs:
Morphine: fine as much as $500,00 for 1,000 grams or more
Oxycodone: $500,00 for 400 grams or more
Hydrocodone: $500,000 for 3,750 grams or more
Benzodiazepine: $500,000 for 500 grams or more
Okla. Stat. tit. 63 § 2-415.
Many of these convictions happen as a result of an automobile stop and search. If stopped, never give consent for a search. The lack of consent means that if the police search your car without probable cause to do so, any conviction for drugs found as a result may be overturned due to an illegal search. Illegal search and seizure is the basis for many defenses used in drug cases.
Jail time is mandatory, even for a first offense. Drug trafficking convictions are not eligible for probation. That means that if convicted, you will not be eligible for a suspended or deferred sentence. The minimum prison term is not less than four years for a first offense. Penalties increase with subsequent convictions. It is possible to get a life sentence for possession of a sufficient quantity of any of these substances.
In addition to prison, you could face staggering fines. The penalties depend on the drug and the amount you are caught with. Here are some examples of fines that may be imposed:
Marijuana: $25,000 to $100,000 for 25 lbs; as much as $500,000 for aggravated trafficking
Methamphetamine: as much as $200,000 for 20 grams; as much as $500,000 for 450 grams or more
Cocaine: as much as $100,000 for 28 grams; as much as $500,000 for aggravated trafficking
Heroin: as much as $50,000 for 10 grams; as much as $500,000 for 28 grams or more
LSD: as much as $100,000 for one gram; as much as $250,000 for 10 grams or more
PCP: as much as $50,000 for 20 grams; as much as $250,000 for 15 grams or more
Aggravated trafficking carries a prison sentence of not less than 15 years. It is also subject to the 85 percent rule. You must serve at least 85 percent of your jail term before being released.
Consider this suggestion from a Wagoner attorney: do not talk to the police if you can help it, except to provide identification as required. And never give consent to a search. Contact an Wagoner criminal defense attorney as soon as possible.
Call for a Free Consultation With an Experienced Wagoner Criminal Attorney
These are serious charges. Your freedom and financial future are at stake. Get the help you need. For a free consultation with a Wagoner, Oklahoma criminal lawyer call the Wirth Law Office – Wagoner at (918) 485-0335 or toll-free at (888) Wirth-Law. Or, as always, you may enter a legal question in the form at the top right of this page.