How Does Oklahoma Law Treat Marijuana Concentrates in Trafficking Cases?

If you’ve been arrested or charged with any kind of drug crime, it’s important to get started on your defense as quickly as possible. Drug crime penalties are very serious in Oklahoma, and you must talk to at Oklahoma City drug trafficking lawyer with lots of experience so you can build a strong defense. Trafficking is a particularly serious charge, and you can get in quite a lot of trouble for having too much marijuana concentrate.

How Does Oklahoma Law Treat Marijuana Concentrates in Trafficking Cases?

Oklahoma law treats marijuana concentrates, like hashish, as Schedule I drugs just like other forms of marijuana. A trafficking charge for any of these substances is a serious felony that can bring you fines up to $20,000 and anywhere from two years to life in prison, depending on factors like how much you had, the circumstances of your arrest, and any prior convictions. 
When it comes to concentrates, having anything more than just one ounce can trigger a trafficking charge under Oklahoma law!

Trafficking Penalties

Under Oklahoma’s laws, you can be charged with trafficking even if there is no evidence that you intended to distribute the marijuana you have. The amount you are found with, if it is great enough, is alone enough to trigger the charge. This makes things easy for the prosecution and much more difficult for the accused, so if there is any mention of trafficking at your arrest, be especially sure to contact a lawyer as quickly as possible and say nothing whatsoever until your lawyer arrives.

For a first offense, you’re looking at two years to life in prison and a fine of up to $20,000, but all of this increases quickly if you have prior offenses. For a second or third offense, you could be looking at four years minimum in prison and a higher likelihood of getting a lot more time. Fines go up to as high as $100,000. If you’re caught with an illegal substance too close to a recreation center, school, public park, or in the presence of a child under 12 years of age, there are enhanced penalties.

It’s important to understand that concentrates have a very low threshold for triggering a trafficking charge. When it comes to regular marijuana, you have to have 25 pounds or more for the trafficking charge to be automatically applied. For edibles, trafficking charges don’t kick in until you have 72 ounces or more. But because concentrates are so potent, the laws of Oklahoma are very strict about these.

Possession and Medical Marijuana

If you have less than an ounce of marijuana concentrate, then the charge will depend on whether you have a medical marijuana license. Medical marijuana patients are allowed to possess up to one ounce of concentrate legally, but if you exceed this limit, you can still be charged with trafficking, even if you have a medical marijuana license. 
If you don’t have a medical marijuana license, any amount of concentrate is illegal to possess, but if you have less than an ounce, you’ll likely be charged with a misdemeanor. This comes with much lower penalties, though it’s still not something you want on your record. A first-time misdemeanor will usually come with a year in jail and a $1,000 fine, though if it is your first offense, talk to a lawyer about the possibility of avoiding jail. Under the right circumstances, and if you don’t have any prior criminal convictions, you may be able to complete certain programs instead.

If you’ve had misdemeanor convictions before, then it’s likely you’ll get a fine of more like $5,000 and prison terms can go up to two to 10 years. It’s also worth noting that having drug paraphernalia can be added on as a separate charge entirely, with up to $1,000 fine for a first offense alone.

Converting to a Concentrate

Converting marijuana into a concentrate is in itself a felony under Okla. Stat. tit. 63 § 2-509 and punishable by anywhere from two years to life in imprisonment and up to $50,000 in fines just for a first offense. Oklahoma is very interested in curbing the manufacturing of concentrates illegally, which is part of the reason that these penalties are so high and the threshold amount for a trafficking charge is so low when it comes to concentrates.

Additional Consequences of a Trafficking Charge

One of the reasons that a trafficking charge is so serious is that it’s not just about the jail time and the fines. A trafficking charge comes with numerous collateral consequences that can have an effect on your life for many years to come. Here’s just a few things to be concerned about:

Asset Forfeiture

The law permits Oklahoma’s law enforcement to seize any property they believe is linked to trafficking. This would include not just money but also vehicles in which the concentrate was found, real estate, and anything else that has any value. 

One of the biggest issues here is that reclaiming this property is a totally separate legal process from fighting the trafficking charge, and you are not guaranteed to recover those assets even if you are acquitted. It’s very important to work with a drug trafficking lawyer who has experience in both processes to have the best hope of recovering your property.

License Revocation

If you are convicted, you can have your driver’s license suspended from anywhere from six months to three years, depending on the specifics of your case. Even if you have a suspended or lowered jail sentence, you may find it very difficult to manage life without a driver’s license.

Jobs and Housing

With any felony conviction on your criminal record, it can be more difficult to get jobs and housing. While there are limits to what a potential employer can find out about your criminal record, there are some jobs that are barred to you forever if you have a drug crime conviction. Additionally, Oklahoma law allows landlords to do a criminal background check and factor a felony conviction into their decision about whether to rent to you.

Legal Defense With an Oklahoma City Drug Trafficking Lawyer

Because of the consequences of a conviction, it’s very important to get started on your defense as quickly as possible and work with the lawyer who has extensive experience in defending people from these accusations. Not only can a lawyer help you with your criminal defense, but he or she can also represent you in driver’s license revocation hearings and asset forfeiture hearings. If you’ve been convicted already, a lawyer can also help you look into the possibility of expungement, which, if you are eligible for, can make it easier to get jobs, licenses, and housing.

For your defense, a lawyer may be able to challenge the weight of the concentrates that you were found with; defend you by pointing out how your rights may have been violated by law enforcement; or challenge the validity of the search in which the concentrate was discovered. 

There are other potential defenses to a drug trafficking charge, so reach out to Cannon & Associates PLLC in Oklahoma City right away to get started on a strong defense with Fierce Advocates® by your side. 

By John Cannon