Being caught and convicted for drug trafficking in Oklahoma City has severe penalties. If convicted of drug trafficking, you could face years in prison without deferral, suspension, or probation. Trafficking drugs is considered a more severe crime than mere possession.
The amount of drugs with which you are found determines the charges you will face. A court will infer your motives from the amount of a drug you have. You do not require a large amount of drug to get convicted of trafficking, though. A rather small amount can lead to charges of drug trafficking instead of the lesser charge of possession, even if the drug was for your personal use.
What is Drug Trafficking in Oklahoma City?
Controlled dangerous substances, prescription drugs, and other illegal drugs are classified under Schedules in Oklahoma law.
Schedule I drugs have the highest risk of physical and psychological addiction. Thus, these are carefully controlled under Oklahoma law. Medications that can be obtained over the counter without a prescription are not classified under Schedules. Okla. Stat. tit. 63 §§ 2-204 et seq.
The higher the risk of addiction associated with a controlled dangerous substance, the stiffer the penalties for trafficking and possessing the drug. Possession of cash, business records, packaging equipment, or scales helps the prosecution’s case.
Elements of the Crime
To obtain a conviction for this crime, the prosecutor must prove the following elements beyond a shadow of a doubt.
First, knowingly
Second, distributed or manufactured or brought into Oklahoma or possessed
Third, A specific amount of a Controlled Dangerous Substance or one that is Scheduled
OR
First, possessed
Second, a particular Controlled Dangerous Substance
Third, with the intention of manufacturing
Fourth, a specific amount of a controlled dangerous substance
OR
First, used or solicited the use of
Second, the services of a person whose age is under 18 years
Third, to manufacture or distribute
Fourth, a specified amount of a controlled dangerous substance
When are You Charged with Trafficking?
If you are found in possession of a controlled dangerous substance of the following weights, you could be charged with trafficking.
- Heroin: 10 grams
- Cocaine: 28 grams
- Crack Cocaine: 5 grams
- Marijuana: 25 pounds
- LSD: 1 gram (a packet of sugar is approximately 1 gram)
- Methamphetamine: 20 grams
- PCP (phencyclidine): 20 grams
- Ecstasy (MDMA): 10 grams or 30 tablets
Defenses
Police in Oklahoma usually stop vehicles on the highways for the smallest reason and request to search. Often if you know you are carrying an illegal drug, you will most likely decline to be searched. Refusing a search is the best thing to do, according to a seasoned Oklahoma City criminal defense attorney.
If you do not consent to have your vehicle searched, but a search still occurs, the authorities could issue drug trafficking charges against you — depending on the amount of illegal drugs found in your vehicle. Do not begin talking to the police, especially after they seize unlawful drugs from your vehicle.
Call an Oklahoma City criminal defense attorney immediately. Illegal search and seizure make an excellent possible defense in drug cases.
Penalties
This crime carries with it severe penalties for even first-time offenders. The punishments depend on the illegal drug with which you are found and the amount. You could spend the rest of your life in prison if convicted of possession of a sufficient amount of any drugs.
For example, the fine for being caught with 25 pounds of marijuana is as high as $100,000. However, being caught with 1,000 pounds lead to many years in prison as well as a fine of up to $500,000.
Repeat convictions of drug trafficking in Oklahoma carry harsher penalties as well. The minimum prison sentence is 15 years for repeat offenders.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.