Drug Trafficking is a serious offense in Oklahoma, like most states, and the punishment ranges for drug trafficking and aggravated drug trafficking are the most serious non-violent felony punishments under Oklahoma law. Most offenses in Oklahoma allow for probation and potentially a deferred sentence to avoid a conviction; however, drug trafficking does not in Oklahoma.
This article is intended to answer your questions about Drug Trafficking and Aggravated Drug Trafficking in Oklahoma. We encourage you to reach out at any time, if you have additional questions that are not answered by our resources online and on YouTube.
Hundreds of free resources are available on our website, concerning a wide variety of information related to drug trafficking defense and criminal defense. Knowledge is power and we encourage you to learn more about what you or your family is facing by visiting our other pages and our YouTube Channel for informative videos.
You may call us anytime 405-591-3935 for a free confidential case strategy session concerning you criminal defense or for answers to your questions.
Can my Drug Trafficking Case be Dismissed in Oklahoma?
You can potentially have your drug trafficking case dismissed, if law enforcement violated your rights in stopping you, stopping your vehicle in an unlawful traffic stop, or searching your vehicle without cause. We have successfully protected the rights of many clients facing drug trafficking cases by exposing their rights being violated by law enforcement.
Unfortunately, in the effort to stop drug trafficking across Oklahoma, some officers and agents do not always follow the tactics and search and seizure requirements under the law. We fight hard to identify every piece of evidence in every drug interdiction stop for our clients to see if our client’s rights were violated and an illegal search and seizure took place. Multiple defense strategies exist to defend against illegal traffic stops and illegal searches of a vehicle. All of these stops involve searches without a warrant being obtained prior to searching our client’s vehicle.
When we are able to identify and expose these illegal searches to the Court, it can result in your drug trafficking case being dismissed. Exercise your rights: refuse to grant permission to have your vehicle searched and remain silent. Instead, wait patiently for law enforcement to do what they were going to do no matter what you said and contact an experienced criminal defense attorney as soon as possible to begin fighting for you.
Oklahoma has three major interstates, which all run through Oklahoma City: I-35, I-40, and I-44. As a result, a substantial amount of drug trafficking occurs across Oklahoma, especially these interstate highways. The Oklahoma Highway Patrol, Oklahoma Bureau of Narcotics, Drug Interdiction Tasks Force, and local law enforcement all fight to identify, pull over, and uncover drug trafficking on the interstate.
What is Drug Trafficking in Oklahoma?
The term drug trafficking is simply to understand, moving a substantial amount of drugs. However, its definition or what constitutes drug trafficking in Oklahoma is more complicated. Drug trafficking in Oklahoma does not involve an “intent” element. Meaning, the prosecutor in your Oklahoma drug trafficking case does not have to prove intent to distribute drugs or intent to sell drugs.
The only requirements to be convicted of drug trafficking in Oklahoma is possession of a sufficient weight of a specific to qualify as “trafficking weight.” Therefore, when we defend drug trafficking cases, other than the focus on our client’s rights to be free of illegal searches or seizures, we focus our drug trafficking defense on 1) lack of evidence to support possession; and 2) lack of sufficient weight of the specific drug to meet the definition of drug trafficking.
The vast majority of drug trafficking cases in Oklahoma are against out of state drivers travelling across I-35, I-40, I-44, or a state highway between these interstates. You may think that the amount of drugs necessary to qualify a case as drug trafficking in Oklahoma would be the amounts you see on television or in the movies; however, it takes far less drugs that you would assume to qualify as a drug trafficking offense.
The weight of illegal drugs, i.e. controlled dangerous substances, to qualify as drug trafficking in Oklahoma is much less than you may think and the exact amounts are listed below:
- Drug Trafficking Cocaine – 28 grams
- Drug Trafficking Cocaine Base or Crack Cocaine – 5 grams
- Drug Trafficking Methamphetamine – 20 grams
- Drug Trafficking Marijuana – 25 pounds
- Drug Trafficking Heroin – 10 grams
- Drug Trafficking LSD – 50 doses
- Drug Trafficking MDMA/Ecstasy – 30 tabs or 10 grams
- Drug Trafficking PCP – 1 ounce (about 28 grams)
You may have noticed that drug trafficking of marijuana requires 25 pounds, which is arguable the only sensible weight out of the list above. Possessing 28 grams of cocaine or 20 grams of meth is more than one time personal use; however, it is far from making someone a “Kingpin.” The fact the weight required to be charged with drug trafficking in Oklahoma is so low for serious drugs is a big part of why we are so passionate about fighting for clients facing drug trafficking offenses in Oklahoma.
Can I be Charged with Drug Trafficking Prescription Drugs in Oklahoma?
Yes, you can be charged with drug trafficking prescription drugs in Oklahoma. The drug laws were changed recently to address the increase in the illegal sale of prescriptions that are prone to abuse: morphine, oxycodone, hydrocodone, and similar narcotics.
Additionally, the total weight of the substance is used to determine if possession qualifies as drug trafficking or not. Meaning, you can be charged with Trafficking Prescription Drugs, even if only a small fraction of the drug’s total weight is the prohibited substance. The weight of the four most common drug trafficking offenses for prescription drugs is below:
- Drug Trafficking Morphine – 1,000 grams
- Drug Trafficking Oxycodone – 400 grams
- Drug Trafficking Hydrocodone – 3,750 grams
- Drug Trafficking Benzodiazepine – 500 grams
What is the Punishment for Drug Trafficking in Oklahoma?
There is a substantial difference between the penalty for drug trafficking offenses, which is largely based on the quantity and type of the drug being trafficked. To begin with, in Oklahoma drug trafficking begins with a mandatory minimum sentence, which is a minimum number of years in prison that must be served, if convicted for any drug trafficking offense.
The mandatory minimum for drug trafficking offenses in Oklahoma varies from four to ten years (4 to 10 years) and each offense carries a potential for life in prison. All this to say, the punishment range for drug trafficking offenses in Oklahoma is as serious as they come in our country. Additionally, drug trafficking in Oklahoma carries a fine up to $500,000.
Does the Penalty for Drug Trafficking Offenses Increase for a Second Offense?
Second or subsequent charges of drug trafficking in Oklahoma carry significantly harsher punishments than a first time offense of drug trafficking. In fact, most subsequent drug trafficking offenses carry three-fold the punishment for distribution of the same drug. The punishment range is life without the possibility of parole, the punishment in a murder case, for third offenses of drug trafficking.
What is Aggravated Drug Trafficking in Oklahoma?
Aggravated Drug Trafficking in Oklahoma is what is sounds like, drug trafficking that includes an even more substantial amount of drugs than simple drug trafficking. The elements of Aggravated Drug Trafficking in Oklahoma, include the following:
- Possession of Specific Drug
- Amount of specific drug exceeds the Aggravated Drug Trafficking threshold
The punishment for simple Drug Trafficking of Marijuana is two (2) years to life and a fine of up to $100,000. However, Aggravated Drug Trafficking of Marijuana carries 15 years to life in prison. The worse punishment associated with Aggravated Drug Trafficking in Oklahoma is that fact it falls on the “85% Crimes” list. All crimes on the Oklahoma 85% Crimes list require you to serve 85% percent of the sentence before being eligible for parole.
CONTACT CANNON & ASSOCIATES today – Your Fierce Advocates® for drug trafficking defense
If you are facing Drug Trafficking or aggravated drug trafficking charges in Oklahoma, it is important to work with an experienced Oklahoma City drug trafficking defense attorney to increase your chance of obtaining the outcome you desire. Additionally, by taking a strategic approach to your defense, you increase your chances of identifying issues in the prosecution’s case, including potentially a violation of your rights that may result in your case being dismissed.
Your Fierce Advocates® at Cannon & Associates are dedicated to answering your questions and preparing you for whatever lies ahead in your drug trafficking defense. We use a systematic approach to ensure we identify every defense and piece of evidence to support your innocence or a violation of your rights, if they exist.
CALL NOW 405-591-3935 for your free confidential case strategy session to help you understand your options in your drug trafficking defense and to have your questions about the process answered by our team.