Oklahoma has relaxed its laws regarding simple possession of controlled drugs, making all possession involving amounts for personal use into a misdemeanor offense. However, other drug crimes such as possession of an illegal drug with intent to distribute or trafficking illegal drugs remain serious crimes. If you are facing charges for trafficking illegal drugs in Oklahoma, you want to make sure that you get the best legal help possible.
Trafficking Illegal Drugs Defined
Here is how Oklahoma law defines the trafficking of illegal drugs. It is against the law for a person to do any of the following with regard to any controlled dangerous substance (illegal drug): knowingly distribute, manufacture, bring into this state or possess, or possess the same with intent to distributing, or merely possessing an illegal drug. Any of these activities can be charged as “trafficking” in Tahlequah. Okla. Stat. tit. 63 § 2-415
Trafficking is different from the distribution of a drug. Distribution can and often does involve “sharing” an illegal drug with another person. Trafficking implies more active selling and distribution than does merely sharing with a friend.
Oklahoma does not have a threshold amount that it requires in order to be charged with trafficking an illegal drug. However, it does have statutory amounts at which you will be presumed to be engaging in trafficking.
Examples Of Quantities Presumed To Be Trafficking
These are examples of amounts and fines imposed. In addition to hefty fines, a conviction can mean a long prison sentence.
Marijuana: 25 pounds, punishable by prison and a fine between $25,000 and $100,000.
Cocaine: 28 grams, punishable by prison and a fine between $25,000 and $100,000. But if you are caught with 300 grams or more, the fine is between $100,000 and $500,000.
Heroin: 10 grams is punishable by prison and a fine between $25,000 and $50,000.
Amphetamine or methamphetamine: 20 grams carries a fine between $25,000 and $200,000. 200 grams or more involves prison and a fine between $50,000 and $500,000.
LSD: 1 gram carries a fine between $50,000 and $100,000.
Absent meeting these threshold amounts, the prosecution will look to the other facts in your case to try to prove that you are engaging in trafficking. These include the amount of cash you had, where and how the drugs were stored, and the presence of scales to weigh the drugs.
Prison Terms Are Long
Prison terms for trafficking illegal substances are harsh and depend in some part upon the amount and type of substance a person is caught with. Each charge is a felony in Tahlequah.
You could spend up to 20 years in prison for a first conviction, four years to life in prison for a second conviction, and 20 years to life in prison for a third conviction. You would serve 50% of your time before being considered for parole.
However, a first-time offender could spend no time in prison depending on the circumstances. An experience Tahlequah criminal defense attorney can help you build a strong case that results in little to no prison time.
Therefore, if you are facing charges, get the help you need by calling a Tahlequah attorney today. Having counsel by your side can make a big difference and can help preserve your freedom.
Free Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you’ve been charged with trafficking illegal drugs in Oklahoma.
For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.