Oklahoma's New Crusade - Drug Interdiction
What is Drug Trafficking vs. Possession with Intent to Distribute
Partially due to being located at the intersection of our country’s two most vital interstates (I-35 and I-40), Oklahoma has always been notorious for devoting a massive amount of law enforcement resources towards fighting drug trafficking. Now, with the Oklahoma Medical Marijuana Authority and the Oklahoma Bureau of Narcotics ramping up drug enforcement efforts, drug interdiction and drug trafficking prosecutions have seen a rapid increase.
Those who find themselves facing drug trafficking charges in Oklahoma should be aware of the uphill battle ahead of them. This starts with first knowing the basic facts on what constitutes drug trafficking in our state and what the penalties can entail.
Drug Trafficking:
Unlawfully manufacturing illegal drugs, selling or transporting illegal drugs, or importing illegal drugs are all forms of drug distribution, commonly known as drug trafficking. Drug trafficking is a similar crime to possession, in which someone has been found in possession of an illegal drug or substance they intend to use personally. For the charges to become trafficking, the person must knowingly mean to transport or sell the drugs. Certain circumstances can lead to a higher chance of being charged for aggravated trafficking over possession, such as being found with weighing scales or bundles of cash.
Federal Drug Trafficking:
While drug trafficking is a serious crime under both state and federal laws, under federal law (21 U.S.C. § 841) “it is a crime for any person “knowingly or intentionally– (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.” Following this statute means that the crime of drug trafficking can even be used to charge someone who is simply in possession of a certain amount of controlled substance or more. It doesn’t even matter if the substance was never sold or distributed.
The experienced drug trafficking lawyers at Diver Law Firm have years of experience, stretching across a wide range of state and federal drug prosecutions. Diver Law Firm has a huge well of knowledge to draw from, built from fighting and winning favorable outcomes in cases for our clients. Call us today at 405-896-8080.
Oklahoma Drug Trafficking vs. Possession with Intent to Distribute
It’s important to know Oklahoma’s legal distinctions between drug possession/distribution and actual drug trafficking.
Although a criminal drug distribution charge can indeed include the actual sale of drugs, you can also be charged for distribution simply by sharing drugs. Several states base a distribution charge upon the quantity of drugs involved, but Oklahoma does not currently have a threshold that triggers a charge of possession with intent to distribute — a person can be charged if they are in possession of any amount of drug.
However, drug trafficking charges in Oklahoma do have specific set amounts. If you are traveling within the state while possessing a certain amount of illegal drugs or prescription medication, you can be charged with drug trafficking.
Below are the minimum weights or quantities of illegal drugs to constitute drug trafficking charges in Oklahoma:
Cocaine: ≥ 28 grams
LSD: ≥ 50 doses
Amphetamine or methamphetamine: ≥ 20 grams
Heroin: ≥ 10 grams
Cocaine base (i.e., crack): ≥ 5 grams
PCP: ≥ 1 ounce (about 28 grams)
Marijuana: ≥ 25 pounds
MDMA/Ecstasy: ≥ 30 tabs or 10 grams
The current minimum amounts for prescription drugs are as follows:
Morphine: ≥ 1,000 grams
Oxycodone: ≥ 400 grams
Hydrocodone: ≥ 3,750 grams
Benzodiazepine: ≥ 500 grams
Fentanyl and derivatives: ≥ 1 gram
It is considered drug trafficking in Oklahoma when a person possesses greater than the specified amounts listed above, plus one of the following criteria:
Possesses, distributes, manufactures, or transports any of the above within Oklahoma
Uses the services of or solicits the service of a person under 18 years of age to distribute or manufacture a controlled dangerous substance
Possesses a controlled dangerous substance with the intent to manufacture another controlled dangerous substance
Federal drug trafficking cases can be very different from state cases and the penalties you could face may depend heavily on the specifics of your drug trafficking offense. This is why it is so important to have a strong attorney, well versed in legal defense strategies, and experienced in dealing with aggravated trafficking in illegal drugs cases.
What are the penalties?
Most sentences for criminal drug charges in Oklahoma have been reduced in recent years, but they still remain quite severe. First-time offenses can carry a maximum of 20 years in prison, while second-time offenses carry a range of 4 years to life. Third-time offenses carry a minimum of 20 years and extend to life sentences. Like many other criminal cases, drug trafficking offenders can earn credits that reduce their sentence time, but this time can be reduced by no more than 50%.
Parole eligibility has some different terms as well. Anyone convicted of a second or subsequent trafficking offense must serve at least 50% of their sentence before they are eligible.
Aggravated drug trafficking is a different story altogether. These charges involve trafficking substantially high amounts of drugs and come with higher penalties in terms of both fines and sentencing. Aggravated drug trafficking in Oklahoma is considered a violent offense and is subject to what’s known as the 85% rule, which requires a person to serve at least 85% of their sentence before being eligible for parole.
THE RIGHT LEGAL REPRESENTATION MAKES ALL THE DIFFERENCE
If you or a loved one is facing a drug trafficking charge, it’s imperative to secure representation from an experienced, caring, and proven law firm specializing in drug offenses.
The Criminal Defense lawyers at Diver Law Firm possess years of experience handling all types of drug trafficking charges — including asset seizure and aggravated drug trafficking cases. Our dedicated and award-winning attorneys will leverage every available resource on your behalf while navigating the evolving complexities of our state’s justice system to secure the most favorable outcome in your unique case — and for your future moving forward.
At Diver Law Firm, we are experienced criminal defense lawyers that have won favorable results for other clients facing a drug trafficking charge. Call us today to speak to a dedicated criminal defense lawyer. We can offer a case evaluation and immediate legal advice if you have just been arrested. You should never speak to the police before you have spoken to your legal representation so give us a call, no matter what situation you find yourself in.
Contact us or give us a call at 405-896-8080, it could be the most important call you ever make.