In today’s climate, it is difficult to identify a more polarizing drug offense than Possession of Fentanyl and Fentanyl Trafficking. The perception of Fentanyl charges in Oklahoma makes it more difficult to obtain a dismissal, reduction of charges, or a reduced sentence for Fentanyl offenses than any other drug crimes. Obtaining the assistance of an experienced Oklahoma Fentanyl criminal defense attorney is crucial to improve your chances of avoiding the harsh penalties associated with Fentanyl in Oklahoma.
Oklahoma Fentanyl Criminal Defense Attorney
Our Oklahoma City Fentanyl defense attorneys can help you identify any defenses or evidentiary issues in your case to increase you or your loved one’s chances of avoiding a harsh prison sentence for Fentanyl charges in Oklahoma.
This article is intended to cover the majority of issues and questions surrounding Fentanyl Trafficking in Oklahoma and associated drug charges. Please feel free to call for a free confidential case strategy session to get your questions answered, if they are not addressed in this article. You may call us anytime at (405) 657-2323.
What is Fentanyl?
Fentanyl is a opioid synthetic, which is 100 times more potent than morphine. Fentanyl is currently a prescription medication that is lawfully given out by physician and doctors across the country. Unfortunately, it is becoming more and more of a go to illegal drug for drug addicts and dealers. Fentanyl is used in the medical field to treat patients with chronic pain, which is often associated with surgery.
Is it Easy to Overdose on Fentanyl?
Yes, fentanyl overdoes are increasingly common, including many overdoes resulting in death, even for first time users of Fentanyl. The substance is one of the most highly addictive drugs in the world and users develop very powerful dependency is a short period of time. When an addict stops using Fentanyl it can result in withdraws that have side effects such as cold flashes, involuntary muscle movement, vomiting, reduced heart rate and other discomfort.
The impact of Fentanyl on any given user is also based on the body chemistry of the individual user. Unlike alcohol and other common street drugs that result in a routine stimulant or depressant, Fentanyl’s impact on users has a wide range and some users will overdose with a far smaller dose than others. Additionally, even trace amounts of fentanyl have been known to cause overdose, including deaths.
Possession of Fentanyl in Oklahoma
As previously stated, Fentanyl is one of the most common drugs involved in drug overdose in the United States. In 2017, the National Institute on Drug Abuse (NIDA) reported nearly 60% of opioid-related deaths involved fentanyl. As a result, the Oklahoma Legislature has made the volume of Fentanyl necessary to be charged as trafficking so low that Possession of Fentanyl is hardly every charged in the state.
It is possible to be charged with misdemeanor Possession of Fentanyl in Oklahoma; however, possession of one (1) gram or more of a mixture containing Fentanyl is considered Trafficking Fentanyl in Oklahoma. Therefore, it is highly unlikely to be originally charged with misdemeanor Fentanyl possession in Oklahoma. However, if we cannot get your Fentanyl case dismissed, we will strive to obtain a plea to misdemeanor Fentanyl Drug Possession, to avoid a felony conviction or prison time.
What Amount of Fentanyl is Trafficking Weight in Oklahoma?
As stated above, it only takes one (1) gram of Fentanyl or a mixture containing Fentanyl to constitute Fentanyl Trafficking in Oklahoma. For comparison, a single sugar packet is one gram. The tiny amount of Fentanyl necessary to qualify as Trafficking Fentanyl in Oklahoma is one of the greatest and most unexpected risks of facing criminal charges related to Fentanyl, as personal use amount of the drug is sufficient for you to be charged with the very serious crime of drug trafficking.
What is Necessary to Prove Fentanyl Trafficking in Oklahoma?
All drug trafficking charges in Oklahoma are based on possession of the required weight of the specific substance alone. There is no intent element necessary to prove Fentanyl Trafficking in Oklahoma. Therefore, simple possession, constructive or actual, of at least one gram is enough to face one of the most serious charged in the Oklahoma criminal code.
You can face the penalties below for Fentanyl Trafficking for simply possessing the drug. The prosecution is not required to present any evidence that you intended to sell or distribute Fentanyl in order to be convicted of Fentanyl Trafficking.
What is the Penalty for Fentanyl Trafficking in Oklahoma?
Unfortunately, the minimal amount of Fentanyl necessary to support drug trafficking in Oklahoma is paired up with harsh penalties for Fentanyl Trafficking and Aggravated Fentanyl Trafficking in Oklahoma.
The penalty for Fentanyl Trafficking in Oklahoma is up to twenty (20) years in prison and a fine between $100,000 and $250,000.
Possession of five (5) grams or more of Fentanyl is sufficient to be charged with Aggravated Trafficking, which carries two (2) years to life in prison and a fine between $250,000 and $500,000.
The language for the Oklahoma Fentanyl Trafficking Statute is below:
Fentanyl and its analogs and derivatives:
- a. One (1) gram or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or
- b. Five (5) grams or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives shall be aggravated trafficking punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00).
What Defenses are Available in Fentanyl Cases in Oklahoma?
The two most common defenses in Oklahoma Fentanyl Trafficking or drug cases revolve around suppression of evidence, lack of evidence to support possession of the Fentanyl, or insufficient weight to be trafficking in Fentanyl.
- Suppression of Evidence in Fentanyl Cases: The majority of Fentanyl cases stem from an unintended contact with law enforcement, resulting in a search of a person, their vehicle, their home, or their property. Law enforcement must have sufficient grounds to stop motorists and additional evidence to engage in a search. In most cases a warrant must be obtained, unless the officer can support Exigent Circumstances exist, which would make obtaining a warrant impossible. Our experienced Oklahoma drug defense lawyers are well versed in the 4th Amendment and suppression of evidence. We work with our staff investigators to identify avenues of attack to show that evidence in your case should be suppressed, which can result in dismissal of all charges.
- Lack of Evidence in Fentanyl Cases: To be convicted of possession of Fentanyl or Trafficking Fentanyl the prosecution must prove you possessed the drugs. In Oklahoma there is actual physical possession and construction possession. The later, constructive possession, can be shown if a person had “the ability and intent to control the disposition of the substance.” Stated another way, the prosecution can prove access and control over the drugs. Many constructive possession cases can be defended based on a lack of evidence to support possession. Our Oklahoma Fentanyl Criminal Defense Attorneys will work with you to obtain all available evidence and assess the likelihood of success in attacking the evidence in your case.
- Insufficient Weight for Trafficking in Fentanyl Cases: Although the weight requirements to prove Fentanyl Trafficking in Oklahoma is minimal, the prosecution still must present a lab report documenting a substance containing Fentanyl and that the requisite weight is present. When the prosecution cannot present sufficient weight of a substance containing Fentanyl for Trafficking, your case will be reduced to a misdemeanor and you will avoid the risk of a felony conviction or prison. Our Criminal Defense Attorneys can help you consider your options in pushing this issue / fighting the weight in your Fentanyl case, as we have successfully done for many previous clients.
Conclusion on Fentanyl Criminal Defense in Oklahoma
Fentanyl is one of the most dangerous drugs in America and the Oklahoma Legislature and prosecutors have responded with harsh consequences for these crimes. However, you should not lose hope, if you or a loved one are facing these charges. You have the right to present a defense and you are presumed innocent until and unless you are proven guilty beyond a reasonable doubt.
You are right to be concerned if you or a loved one are facing Fentanyl charges in Oklahoma state or federal court. However, you must exercise your right to defend your case, which begins with identify and retaining the right Oklahoma Fentanyl Criminal Defense Lawyer for you and your family. We may not be the right fit for you; however, we’d appreciate the opportunity to meet with you in a no pressure Free Case Strategy Session to answer your questions and address your concerns.
Oklahoma Fentanyl Defense Attorney
Fentanyl possession penalties can be harsh in the state of Oklahoma. If you or a loved one have been arrested for a fentanyl crime, we advise you to seek legal representation as soon as possible. Our drug crime attorneys have spent two decades building a reputation for our trial skills and fearless court demeanor. We will work tirelessly to reduce or eliminate your charges.
Our goal at Cannon & Associates is for you to avoid all punishments associated with Fentanyl charges. We represent clients in Oklahoma City, Norman, El Reno, Oklahoma County, Cleveland County, Canadian County, and all three federal districts in Oklahoma. Call (405) 657-2323 to meet with our team of Fierce Advocates to get answers to your questions and for a free Case Strategy Session.
John P. Cannon and our entire team of Your Fierce Advocates at Cannon & Associates are experienced Oklahoma criminal defense attorneys. We are skilled and experienced in defending clients charged with fentanyl possession and other related drug crimes. Our team represents individuals across Oklahoma.