If you have been arrested and found to be in possession of marijuana for personal use, you may be wondering if you can be charged with trafficking. A criminal defense lawyer in Oklahoma City explains how the law sees it.
Can You Be Charged for Trafficking Marijuana If It’s for Personal Use? Answers from an Oklahoma City Criminal Defense Lawyer
Drug trafficking means the act of manufacturing, transporting, or distributing a drug in illegal quantities. Federal law states that the trafficking of marijuana includes any type of commercial trade, which means not just the selling of marijuana, but also growing and transporting it for commercial purposes, i.e., in large quantities.
Any charges of trafficking often depend on the amount of the drug in possession and the intention of the person in possessing the drug. Trafficking charges could also be based on any actions related to manufacturing, transporting, or selling the drug.
How Much Marijuana Constitutes Trafficking?
In Oklahoma, having possession of more than 25 pounds of marijuana can mean trafficking charges. It is not relevant whether the marijuana is intended for personal consumption, as it would be unlikely for one person to use that large an amount of marijuana on their own. Therefore, it is simply assumed that if you have more than 25 pounds of marijuana, it is intended for trafficking.
How Is Intent Determined?
An intent to traffic marijuana is often linked to the quantity in your possession, but factors other than straightforward quantity will influence a law enforcement officer’s perception of your intent. When there is a large amount of cash on you when you’re arrested, that’s usually seen as a sign of intent to sell (or rather, that you have already sold and been paid for the marijuana).
A police officer will also be looking for any signs of weighing and packing in your possession or in the area where you were arrested. Multiple bags, plastic containers, or other packaging materials can make look like you intend to distribute it. Scales or other equipment used for weighing or portioning will also likely make the police suspicious.
What Is the Law in Oklahoma about Marijuana for Personal Use?
Oklahoma does not allow the recreational use of marijuana. In 2018, the state legalized marijuana for medicinal purposes when Question 788 was approved by voters. Question 788 allows patients to obtain a medical marijuana license if they have a qualifying medical condition. The license gives the holder permission to purchase, possess, and use marijuana for medicinal purposes that are recommended by a doctor. Anyone who has marijuana without a medical marijuana license will most likely face legal penalties, and even having a license will not protect you from a trafficking charge if you have 25 pounds or more.
The medical marijuana program has been widely implemented in Oklahoma, and eligible patients can buy marijuana products from dispensaries all across the state. If you are a licensed medical marijuana patient, you may possess up to 3 ounces of marijuana on your person, for personal use; up to 6 ounces if you are at home or in another private residence; up to 1 ounce of concentrated marijuana, such as oil or wax; and up to 72 ounces of marijuana edibles. You can also have as many as 6 plants and 6 seedlings in your own residence.
What About Possessing Marijuana Seeds?
Oklahoma law specifies that you may have up to 1000 seeds of marijuana in your possession for purposes of cultivation, but only if you have a medical marijuana license and also a medical marijuana grower license. However, even though you may have that many seeds, you are limited to growing a maximum of six mature plants and six seedlings. The plants and seedlings must always be kept in a secure location.
What Could Happen If I Exceed the Limits in Oklahoma?
If You Have a Medical Marijuana License
If you are arrested and have a small amount of marijuana just beyond the limits for personal possession, you may face a fine of up to $400 or a misdemeanor charge. If the amount of marijuana far exceeds the limits for personal possession, you could face felony charges.
If Oklahoma law enforcement has reason to believe you had an intent to distribute the marijuana in your possession, you may be facing felony trafficking charges. The penalties can be a fine of up to $100,000 and anywhere from 2 to 20 years in prison.
If You Do Not Have a Medical Marijuana License
If you do not have a medical marijuana license and are found to possess less than an ounce of marijuana, your first offense will be considered a misdemeanor. A misdemeanor usually comes with a fine of up to $1,000 and up to a year in jail.
However, if you are arrested with more than 1 ounce of marijuana, you could be facing felony charges. If you have less than 25 pounds, you may have fines up to $100,000 and anywhere from two years in prison to life. If you are in possession of more than 25 pounds, you will likely be facing trafficking charges, which could also come with fines up to $100,000 and two years to life in prison, as well as additional penalties related to intent to distribute or drug trafficking.
Transporting Across State Lines
The federal government defines marijuana as a Schedule 1 controlled substance, and according to the Controlled Substances Act (CSA), transporting any marijuana across state lines is a federal crime. If you cross state lines with marijuana in your possession, even for personal use, it can cause you a great deal of trouble. Federal penalties for possessing less than 50 kilograms of marijuana may result in up to a year in prison.
Larger quantiles may automatically result in federal felony drug trafficking charges. A first offense may mean up to five years in federal prison. All other offenses after that could result in up to 10 years in federal prison and hefty fines, and you may be the subject of investigations by federal law enforcement agencies such as the FBI or DEA.
What If I Have a Medical Marijuana License, But I’m Traveling?
Medical marijuana laws are unique to each state, but most states do not have reciprocal medical marijuana programs. Marijuana may be legal in Oklahoma for medicinal use, but out-of-state medical marijuana licenses are generally not recognized by another state’s law enforcement. If you enter another state with marijuana that you obtain legally in Oklahoma, you may not be protected by the medical marijuana laws of the state you are in. You may be arrested for possession or trafficking, depending on the circumstances.
Marijuana is also illegal in federal jurisdiction areas, such as federal highways, national parks, or travel lands. For example, there could be legal consequences if you are stopped and found to have marijuana in your possession while traveling through a national park or on an interstate highway, even if marijuana is legal in the state where you are.
If you have been arrested with marijuana in your possession and are facing trafficking charges, get in touch with Cannon and Associates Law, PLLC, in Oklahoma City, OK. We also serve the Edmond and Norman areas.