Here in Oklahoma, having 25 pounds or more of marijuana automatically triggers a trafficking charge under Oklahoma law. The only way to fight back against discharge effectively is with the help of an experienced Oklahoma City drug crime lawyer. Always contact a lawyer as quickly as possible after you’ve been charged, since the sooner we get to work, the better able we are to protect you and your future.

FAQ About Marijuana Trafficking Laws In Oklahoma

What Amount Qualifies?

As stated in the introduction, any amount of marijuana 25 pounds or more automatically triggers a trafficking charge. If you have 25 pounds or more, the state does not have to do anything to prove that you were trying to sell the marijuana to bring this charge.

In other words, they do not have to show bank receipts or cash, they don’t have to provide evidence of distribution (like baggies or scales), and they don’t have to catch you in the act of actually selling the marijuana. The very fact that you had that much marijuana is enough to trigger the charge.

What About My Medical License?

Since medical marijuana has been legalized in the state, it has become a bit confusing for some people, and it’s common for some to believe that as long as they have a medical marijuana license they will not get any trouble for having marijuana on their person or in their possession.

This is not the case: a registered medical marijuana patient is still only allowed to have certain amounts of marijuana on their person. Anything more than three ounces of marijuana will get you in trouble. You can have up to an ounce of concentrate, up to 72 ounces of edibles, and up to eight ounces of marijuana in a residence. You’re also allowed to possess up to six plants and six seedlings. But having 25 pounds or more will trigger a trafficking charge no matter what your medical status.

What’s the Difference Between Trafficking, Possession, and Intent to Distribute?

Really, the only major difference is how much marijuana is involved. A simple possession charge applies when the amount of marijuana is so small that it’s reasonable to assume it was intended only for personal use. Charges here are much lighter, and especially if the person has a medical marijuana license. In that case, they would often not be charged at all, if the amount is small enough.

If you have more than the amount that is allowed for simple possession, including more than is allowed with a medical marijuana license, it’s possible that you could be charged with intent to distribute. You do not have to actually be caught selling the marijuana in order to be hit with a distribution charge. If you were simply giving it to someone, that’s enough to get you in trouble. Again, the main difference here between possession and intent to distribute is simply the amount.

What Are the Penalties for Marijuana?

Possession

Possession penalties apply to anyone without a medical license who has any marijuana at all, and to anyone with a medical license who has more than the allowed amount. Possession is a misdemeanor charge and comes with a prison term of up to a year and a fine of up to $1,000. If it’s your first offense, conditional release is a possibility, and your drug crime lawyer can argue this on your behalf.

Possession within 1,000 feet of a school or university, in the presence of a child under 12, or within 1,000 feet of a public park makes the crime a felony. That means the prison term and the fine can double, and under this charge you are required to serve at least 50% of the prison sentence.

Sale or Distribution

If you have more than the amount considered acceptable for personal use, but less than 25 pounds, you’ll be facing a felony charge that can put you in jail for anywhere from two years to life and that comes with a fine of up to $20,000.

Trafficking

A trafficking charge means that you are looking at a penalty of $25,000-$100,000 and between four years and life imprisonment. Life imprisonment becomes more of a possibility here, and the more marijuana you had, the more priors you have, and other specific circumstances of the charge can make longer prison sentences more likely. If you’re caught with more than 1,000 pounds of marijuana, the maximum fine is $500,000, and it’s much more likely you’ll be going to prison for a longer period.

Other Things to Know

There are certain things that can greatly increase the seriousness of the charge against you. If there are minors involved, all the penalties can be doubled. If you are caught selling marijuana within 2,000 feet of a school, public park, or public housing area, the penalties for prison term and fine get doubled, and you cannot ever serve less than 50% of your prison term.

If you have been hit with the trafficking charge, bear in mind also that the state can bring charges against you for tax evasion if it believes you have failed to pay taxes on income from the sale of marijuana. The state can also take any assets that it can link to marijuana sales, including money, property, vehicles, and more.

Where’s It Legal to Use Weed in Oklahoma City?

In general, you are allowed to smoke marijuana in standalone bars and taverns, in cigar bars, in hotels where smoking isn’t prohibited, in places where charitable bingo games are licensed during the normal hours of operation, in the outdoor seating areas of restaurants, so long as they are 15 feet or more away from a doorway or air intake. You can also smoke it in a private office as long as everyone in the office is either a smoker or licensed marijuana patient and in rooms where no work is being performed if an employer has provided that room solely for smoking.

It’s not legal to smoke in public places here in Oklahoma, and it’s especially important to avoid using marijuana in any state-owned buildings or properties (except for veteran centers), at any educational facility, or within 25 feet of any building owned by the state or any municipality.

How Can a Drug Crime Lawyer Help?

It’s easy to come away from this thinking that it’s hopeless. If you were caught with 25 pounds or more, what can you do? The answer is simple: contact a lawyer immediately. Don’t say anything to the police and allow your lawyer to get to work investigating the charges against you and the evidence and building a strategy of defense.

An experienced lawyer may be able to challenge the evidence in a way that gets it excluded, and if the marijuana itself is excluded, the prosecution may not be able to successfully bring a trafficking charge. In other cases, a lawyer may be able to uncover evidence that you have had your rights violated at some point, and this can be used in negotiating a plea bargain or a lowered charge. A lawyer will fight for you both in and out of court.

A marijuana trafficking charge is a very serious thing here in Oklahoma City. If you or a loved one has been charged, contact Cannon & Associates now for help.