If you or a loved one have been arrested in Oklahoma City for marijuana trafficking, know that this is a very serious charge, and if the trafficking took place in school zone, the penalties are much harsher. Contact a drug trafficking lawyer with experience in Oklahoma’s strict to drug laws as quickly as possible to protect your rights and your future.
How Does Oklahoma Law Treat Marijuana Trafficking in School Zones?
A trafficking charge is the most serious charge in Oklahoma related to marijuana, and the penalties are quite steep. The lowest tier of penalties for this include a minimum two years in prison and a fine of $25,000-$100,000. The second tier is “aggravated trafficking” and is punishable by a fine of $100,000-$500,000 and a minimum of four years in prison. Prison sentences can be greatly extended depending on the circumstances, and for aggravated trafficking can include life sentences.
If the trafficking takes place within 1,000 feet of a school, the prison sentence and the fines are doubled from what they would’ve been otherwise. The same is true if you’re caught trafficking within 1,000 feet of any public park. In fact, even if the charge is a simple misdemeanor possession, if you are in possession of that marijuana within 1,000 feet of a school, you can still expect a doubling of all fines and penalties.
The only exception is if a school was built within 1,000 feet of a duly licensed medical marijuana facility AFTER that facility had already been approved and gone into operation. In that case, the facility is “grandfathered in” and simply having legal amounts of marijuana on you as you go in and out of the facility for normal business, provided you hold a medical marijuana license, would not put you outside the law.
FAQ About Marijuana Trafficking
What’s “Trafficking?”
Oklahoma brings a trafficking charge whenever the amount of marijuana is so large that the state has determined there is no chance it could be just for personal use. Under the law, having 25 pounds or more of marijuana automatically triggers a trafficking charge. For 1,000 pounds or more, it becomes an aggravated trafficking charge. Even a regular trafficking charge, however, can escalate to aggravated if you are caught with that much marijuana within 1,000 feet of a school or park.
It’s important to understand that if you are caught with amounts of 25 pounds or over, the state has no obligation to prove that you intended to distribute or sell it. Just the fact that you had this much marijuana is enough for them to bring a trafficking charge.
What’s the Difference Between Trafficking and Possession With Intent to Distribute?
Really the only difference in these two charges is the amount of marijuana that was involved. If you had less than 25 pounds but more than the minimum that is assumed to be for personal use (and therefore legal for those with a medical marijuana license and only a misdemeanor for all others), then a charge of “possession with intent to distribute” requires the state to prove that you actually intended to sell the drugs. To prove this they will likely need something like text messages, large amounts of cash found near the drugs, or drug paraphernalia such as scales or baggies.
What If I Have a Medical Marijuana License?
Having a medical marijuana license makes it legal for you to use marijuana and have up to 3 ounces of marijuana on your person and up to 8 ounces in your residence. You can have up to 72 ounces of edibles, 1 ounce of concentrated marijuana, and can have up to six plants and seedlings in your possession.
Additionally, even if you don’t have a marijuana card, if you can vite a legitimate medical condition at the time the police pull you up, so long as you don’t have more than the above amount, the worst punishment you’ll get is a $400 fine and no jail time. However, even someone with a medical marijuana license cannot have more than the allowed amounts without triggering charges and penalties. And having a medical marijuana license is not an acceptable defense against the trafficking charge if you had 25 pounds or more of marijuana on you at the time you were arrested.
What Should I Do If Arrested?
If you are arrested for marijuana trafficking, the first thing to do is not to resist or cause any trouble. Even if you have been falsely accused, allow your lawyer to work this out on your behalf later. If you resist, you can be charged with other crimes, so that, even if you are not convicted of the marijuana trafficking, you may still end up in prison or paying big fines for resisting arrest or other charges. If the police mistreat you seriously, and particularly if you are later found not guilty, your lawyer can talk to you about the possibility of suing the state or city.
The second thing you should not do is talk. Anything that you say at this point will be used against you by the police if it all possible, so simply stay clearly that you want to talk to a lawyer and then refuse to say anything else. Be aware that it is common for the police to try hard to manipulate you into talking anyway, and you must not fall for any of these tactics. It does not make you look guilty to stay silent, despite what the police may say to you on that subject. Likewise, be aware that they may attempt to get you talking by deliberately misconstruing what happened so that you will feel compelled to defend yourself and “explain.”
Third, you must call a drug trafficking lawyer with experience in the Oklahoma City courts as soon as possible. Not just any lawyer will do. Your lawyer must specifically be experienced in criminal defense, and especially in defense against drug crimes.
What Can an Oklahoma City Drug Trafficking Lawyer Do for Me?
The first thing your lawyer will do is protect your rights. Your lawyer will make sure that you are not being interviewed without legal defense by your side and will help you understand what questions to answer and what questions to remain silent on. Your attorney will also immediately get to work investigating the case to determine exactly what the prosecution is trying to claim and what evidence they may be using against you.
In some cases, a good attorney may be able to get the charges against you dropped or lowered by excluding evidence. If the evidence in the case was discovered through an illegal search, then it cannot be used in court. In other cases, it may be difficult for the prosecution to prove that the marijuana actually belongs to you. If their case is weak, then your lawyer will have room to push for a plea deal where the charges are lowered. And throughout the process, your attorney will negotiate on your behalf, keep you informed of the law and your rights, and represent you in all proceedings.
For fierce representation and defense, contact us today at Cannon & Associates in Oklahoma City.