Definition of Trafficking CDS in Oklahoma
Drug trafficking in Oklahoma is dictated by the volume of drugs a person is alleged to possess. Drug trafficking is also called Trafficking a Controlled Dangerous Substance or Trafficking CDS. Possession with Intent to Distribute, while a serious felony charge, does not carry as great a punishment as Trafficking Drugs in Oklahoma. Possession with Intent to Distribute or PWI is based on factors indicating the intent to sell or distribute drugs. The following shows the minimum weight or quantity of drugs to constitute Trafficking in Oklahoma:
|Trafficking Marijuana||+ 25 pounds|
|Aggravated Trafficking Marijuana||+ 1,000 pounds|
|Trafficking Cocaine or Cocaine Base||+ 28 grams|
|Aggravated Trafficking Cocaine/Cocaine Base||+ 450 grams|
|Trafficking Heroin||+ 10 grams|
|Trafficking Methamphetamine||+ 20 grams|
|Aggravated Trafficking Methamphetamine||+ 450 grams|
|Trafficking LSD||+ 1 gram|
|Trafficking PCP||+ 20 grams|
|Trafficking MDMA (“Ecstasy”)||+ 10 grams or + 30 tabs|
|Trafficking Morphine||+ 1,000 grams|
|Trafficking Oxycodone||+ 400 grams|
|Trafficking Hydrocodone||+ 3,750 grams|
|Trafficking Benzodiazepine||+ 500 grams|
|Trafficking Fentanyl and derivatives||+ 1 gram|
Trafficking in Illegal Drugs: OKLA. STAT. tit. 63 §2-415
What makes Drug Possession Trafficking in Oklahoma?
Drug Trafficking occurs in Oklahoma when a person possesses greater than the specified amount of controlled dangerous substance listed above and one the following criteria:
- Possesses, distributes, manufactures, or transports said drug 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 in the amounts above;
- Possesses a controlled dangerous substance with the intent to manufacture another controlled dangerous substance in the amounts described above.
Drug Trafficking in Oklahoma is for specific drugs, i.e. each drug you possess is a separate offense with a separate punishment. Additionally, the weight of different drugs cannot be added together to equal Trafficking weight in Oklahoma. Taking the information above that trafficking marijuana requires 25 pounds and trafficking cocaine requires 28 grams; you cannot be charged with Trafficking CDS in Oklahoma based on having 20 pounds of marijuana and 10 grams of cocaine.
You can and will be charged with Trafficking CDS in Oklahoma, if you represent you possessed an amount of a specified drug above the weight threshold described above for Trafficking, i.e. representing you have more than 20 grams of methamphetamine is sufficient to be charged with Trafficking Methamphetamine in Oklahoma.
Do all Drug Trafficking Offenses carry the same punishment?
No, every drug trafficking offense in Oklahoma carries a separate punishment range; however, many of them are duplicative. The legislatures claims to have determined the punishment ranges for each trafficking offense based on the dangerousness of the specific drug.
|DRUG||1st OFFENSE||2nd OFFENSE|
|Marijuana||0 -20 years in prison||4 years – Life in prison|
|Cocaine or Cocaine Base||0 -20 years in prison||4 years – Life in prison|
|Heroin||0 -20 years in prison||4 years – Life in prison|
|Amphetamine||0 -20 years in prison||4 years – Life in prison|
|Methamphetamine||0 -20 years in prison||4 years – Life in prison|
|MDMA (“Ecstacy”)||0 -20 years in prison||0 – 20 years in prison|
|Morphine||0 -20 years in prison||0 -20 years in prison|
|Oxycodone||0 -20 years in prison||0 -20 years in prison|
|Hydrocodone||0 -20 years in prison||0 -20 years in prison|
|Benzodiazepine||0 -20 years in prison||0 -20 years in prison|
Punishment for Trafficking, Subsequent Offenses: OKLA. STAT. tit. 21 §51.1
Some controlled dangerous substances do not have a specified punishment for trafficking, i.e. LSD, PCP, and fentanyl. However, from my experience the Courts have used the base punishment for Trafficking Cocaine, which is listed above.
Does DOC treat Trafficking prison sentences the same as any other offense?
Many prison sentences are eligible for enhanced credits in the Oklahoma Department of Corrections (“DOC”). Enhanced credits mean a prisoner can earn more days credit than they actually serve, i.e. serving 30 days in prison and receiving credit for serving 60 days in prison.
Someone convicted of trafficking drugs in Oklahoma is not eligible for earned credits that will reduce their sentence below 50% of the sentence they received from a judge or a jury. Additionally, anyone convicted of a second or subsequent trafficking offense must serve at least 50% of their sentence before beginning eligible for parole: trafficking marijuana, trafficking cocaine, trafficking coca leaves, trafficking cocaine base, trafficking heroin, trafficking amphetamine, or trafficking methamphetamine.
Based on recent changes to drug crimes in Oklahoma, a person charged with trafficking CDS is now eligible for probation in Oklahoma; however, it is a difficult task for a Trafficking Defense Lawyer to get the prosecution to agree to probation on drug trafficking and even more difficult to convince a judge to enter a probation sentence on trafficking drugs.
The legislature made it clear that a defendant can receive a probationary sentence on Trafficking and avoid prison; however, it is not so clear whether or not a defendant can receive a deferred sentence on drug trafficking.
What is Aggravated Trafficking in Oklahoma?
Aggravated trafficking in Oklahoma is considered a violent offense in DOC and is listed in OKLA. STAT. tit. 21 §13.1 as an offense requiring a person sentenced to prison to serve 85% of their sentence prior to being eligible for parole or increased earned credits. Basically, with an 85% sentence for Aggravated Trafficking, your sentence cannot be reduced more than 85% of the original sentence from the Court and you cannot receive parole before serving 85% of your sentence.
Being charged with an Aggravated Trafficking Offense is one thing; however, being convicted of Aggravated Trafficking will be devastating. It is crucial you retain an experience drug trafficking defense attorney in Oklahoma City to defend your case. The relevant statute, OKLA. STAT. tit. 63 § 2-415 specifically states the following:
“Persons convicted of trafficking shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of sentence to less than fifty percent (50%) of the sentence imposed; and
If the person is convicted of Aggravated Trafficking… a sentence of imprisonment in the custody of the Department of Corrections… of which the person shall serve eighty-five percent (85%) of such sentence before being eligible for parole consideration.
OKLA. STAT. tit 63 § 2-415(D)(3) (Trafficking and Aggravated Trafficking)
Experience matters when your rights and property are on the line. It is important to know the attorney you hire is experienced in defending Trafficking and Aggravated Trafficking offenses in Oklahoma. Cannon & Associates has years of experience using Fierce Advocacy and knowledge of the law to fight for every client. Cannon & Associates can be your Fierce Advocacy for freedom. Contact Cannon & Associates for a free confidential consultation.