Oklahoma’s tough stance on drugs, including marijuana, is legendary, but one of the confusing elements is dealing with edibles. The simple answer to the question is yes: you can be charged with trafficking based on the weight of the edibles found in your possession. Keep reading to learn more from a drug crime lawyer in Oklahoma City.

From a Drug Crime Lawyer in Oklahoma City: How the Weight of Edibles Affects a Marijuana Charge

Many people assume that marijuana trafficking can only apply when you’re talking about traditional forms of the drug, but Oklahoma’s laws are much broader than that. They cover all forms of cannabis, including edibles and concentrates, and there are strict possession limits for edibles. If you’re caught with an amount that exceeds these limits, you could face serious criminal charges, up to and including a charge for marijuana trafficking.

For edibles, the possession weight limit is set at 72 ounces, or roughly 2,000 grams. This may seem like a large amount, but please keep in mind that the weight of an edible includes all the ingredients, not just the active THC content. A single serving of a pot brownie, for instance, can easily weigh 70 ounces or more and could put you right over the limit. Gummies often weigh about 4.5 ounces each, meaning fewer than 20 could put you over the threshold. And be aware, too, that for concentrates, the limit is much lower: possession of more than one ounce could potentially trigger trafficking charges.

The State’s Attitude

The state’s approach is harsh, but at least it’s pretty simple to understand: if you possess an amount that exceeds the legal limit, trafficking charges are on the table. These limits apply to medical marijuana patients as well, although medical patients may have slightly more leeway in terms of overall possession limits.

This position is not without controversy, because it seems to treat all forms of marijuana equally, without considering the fact that edibles typically contain much less THC than other forms of cannabis. Nonetheless, the weight of the entire product is what counts in trafficking cases in Oklahoma law, at least for now, and if you’ve been caught with more than the 72oz limit of edibles, it’s essential to call a lawyer as soon as possible.

Trafficking Charges and Penalties

Oklahoma’s penalties for marijuana trafficking are pretty tough, even for marijuana, which is overall, a lower Schedule drug than most. If you’re caught with an amount that exceeds the legal limit, you could be charged with trafficking. Trafficking is a felony, which means that, depending on the amount in your possession and whether you have any prior convictions, you could face anywhere from four years to life in prison without parole, along with fines that will likely be over $25,000 and can be up to $100,000.

If you’re caught with especially large quantities of marijuana edibles, well beyond the 72oz limit, the penalties can be even greater. This is especially true if you’re caught with multiple types of edibles, as each product will be weighed separately and the total weight will be considered. Plus, the fact that you had multiple products at all may be used as evidence that you intended to sell them. There could also be federal charges, particularly if the edibles were transported across state lines or officials believe they were actually intended for sale in another state.

Intent to Distribute

It’s also important to note that even if you’re caught with less than the amount that would trigger the trafficking threshold, you could still face serious charges for “possession with intent to distribute.” This charge doesn’t have the same penalties as trafficking, but the penalties are still a lot greater than simple possession. There’s a minimum two-year sentence, for instance, and up to $20,000 in fines for a first offense.

And unfortunately, all it takes is an officer deciding, based on his or her own discretion, that you intended to give the edibles to someone for the prosecutor’s office to try this charge. Even those with a medical marijuana permit can be charged here under the right circumstances.

Defending Against Marijuana Trafficking Charges

If you’ve been charged with marijuana trafficking, your first step should be to seek legal counsel from an experienced Oklahoma City drug crime lawyer as soon as possible. Trafficking charges are very serious, and fighting them successfully requires a thorough understanding of Oklahoma’s marijuana laws, familiarity with the local courts and the prosecutor’s office, experience in case investigation, as well as the ability to challenge the evidence presented by the prosecution and negotiate effectively.

Your lawyer may defend you by challenging how the edibles were found or the assumption that they belonged to you. Another potential defense is to argue that the marijuana was intended for personal use, not for distribution or sale. In some cases, individuals may be caught with large quantities of edibles because they make their own products or purchase in bulk for personal consumption. If you can demonstrate that the marijuana was not intended for sale or distribution, you may be able to reduce the charges or avoid a trafficking conviction altogether.

Your lawyer may also be able to challenge how the whole thing went down: the circumstances of your arrest. If there was a warrantless search, if the search warrant was based on faulty information, or if your rights were violated during the process, all this can be used to exclude evidence against you, negotiate for lower charges or penalties, or cast doubt on the prosecution’s case in court.

Other Possibilities

Don’t forget that your lawyer has more options than just getting the charges dropped (which may not be possible in all cases). A lawyer who knows the Oklahoma City courts and prosecutors and has experience will be able to negotiate on your behalf much more effectively than you could on your own. Plea deals are often possible, and your chances of getting one are far better with a lawyer than without.

Don’t Try to Go It Alone

Marijuana trafficking charges in Oklahoma can be brought based on the weight of edibles; not just in cases involving traditional forms of cannabis. With a possession limit of just 72 ounces triggering the charge, it’s easy to see how individuals could inadvertently find themselves facing charges that could wreck their lives, and the state’s approach to weighing edibles by including all the ingredients makes it especially important to be aware of the limits.

Having a lawyer is always the best call in these situations, and you want a lawyer as soon as possible for the best possible outcome. At Cannon & Associates, we’re well known as Oklahoma City’s Fierce Advocates®, with extensive experience in city, state, and federal courts. When you work with us, we take a team approach to your case. Every week, our team of former prosecutors, judge advocates, and defense lawyers strategizes together on cases to provide the best possible defense for every client.

If you’ve been charged with a drug crime, don’t wait to call us. Reach out to Cannon & Associates today at (405) 657-2323 or online to schedule a free case strategy session.