The laws have recently changed to make simple drug possession a misdemeanor in Tahlequah, Oklahoma. However, possession of a controlled drug with intent to distribute or trafficking illegal drugs remains a serious crime in Oklahoma.
What The Law Says About Drug Trafficking
It is unlawful for any person to engage in any of the following regarding any controlled drug:
- knowingly distributing,
- bringing into this state,
- possessing, or
- possessing with the intent to manufacture.
Any of these activities can be charged as “trafficking” in Tahlequah. Okla. Stat. tit. 63 § 2-415
Trafficking convictions uniformly carry both heavy prison sentences and heavy fines. Fines and prison terms depend on the substance and the amount involved.
However, some first convictions carry no mandatory minimum prison sentence. Hiring a good Tahlequah attorney can help make a big difference with regard to sentencing.
Drug Trafficking Examples
Marijuana: 25 pounds, punishable by prison and a fine between $25,000 and $100,000.
Cocaine: 28 grams, punishable by prison and a fine from $25,000 to $100,000. But if you are caught with 300 grams or more, the fine goes up to a range of $100,000 to $500,000.
Heroin: 10 grams is punishable by prison and a fine of $25,000 to $50,000.
Amphetamine or methamphetamine: 20 grams carries a fine from $25,000 to $200,000. However, 200 grams or more involves prison and a fine from $50,000 to $500,000.
LSD: 1 gram carries a fine between $50,000 and $100,000.
Oklahoma law also prohibits the trafficking of legal drugs such as oxycodone (Percocet) and hydrocodone (Vicodin) without a valid prescription.
Prison terms for trafficking illegal substances are harsh and can involve:
up to 20 years for a first conviction;
four years to life for a second conviction; and
20 years to life for a third conviction.
These crimes require the defendant to serve 50% of their sentence before being eligible for parole.
However, for a first time conviction, the minimum sentence is actually no prison time.
Thus, if you are facing charges for a first-time trafficking charge, your Tahlequah drug crimes attorney can help you build a strong case — which may result in little or no prison time.
Aggravated Trafficking Examples
Aggravated trafficking involves greater quantities of the drug involved and greater penalties. For example:
Marijuana: 1,000 pounds or more is punishable by prison and a fine between $100,000 and $500,000.
Cocaine: 450 grams or more is punishable by prison and a fine from $100,000 to $500,000.
Heroin: 28 grams is fined at $50,000 to $500,000.
Amphetamine or methamphetamine: 450 grams or more involves prison and a fine between $50,000 and $500,000.
LSD: 10 grams or more carries a fine from $100,000 to $250,000.
Prison terms for aggravated trafficking are similar to those for trafficking, except that a defendant must serve 85% of their sentence before being considered for parole.
If you are facing charges, get the help you need by calling 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.