Marijuana trafficking is a serious crime, and in the state of Oklahoma you can face fines, jail time, asset forfeiture, and other serious consequences if found guilty. If charged with marijuana trafficking in Oklahoma City, you will need an experienced criminal defense lawyer to advocate for you and make sure that your rights are protected.
What Are the Best Defense Strategies for Marijuana Trafficking Charges in Oklahoma?
The important thing to remember if you have been arrested or charged with a marijuana-related crime is that you have not yet been convicted. Moreover, you have the right to representation throughout the legal process, both during any interviews with the police and state’s attorneys and later if your case comes to trial.
Each case is unique, and an experienced attorney will review all the information relating to your own case before suggesting a defense pathway. Nevertheless, the following strategies are both commonly used and very effective when defending against trafficking charges:
Unlawful Search and Seizure (Fourth Amendment Violation)
One of the most powerful defenses in trafficking cases involves challenging how the marijuana was discovered. The Fourth Amendment of the Constitution protects you from unreasonable searches and seizures. This means that ff the search or seizure was illegal, any evidence obtained (including the marijuana) may be suppressed. Suppression often leads to the charges being reduced or dismissed entirely.
We will examine whether:
- Law enforcement had a valid search warrant
- Consent to search was given voluntarily
- The traffic stop or arrest was legally justified
- Officers exceeded the scope of a legal search
Lack of Knowledge or Intent
To be convicted of trafficking, the prosecution must prove that you knowingly possessed or transported a trafficking-level amount of marijuana. If you were unaware that marijuana was in your vehicle, suitcase, or home, then this can be used as a defense.
We may use this defense to build our case if you were arrested when driving a vehicle you didn’t own or regularly use, if the marijuana was hidden in a sealed compartment where you couldn’t have seen it, or if someone else placed the marijuana in your property without your knowledge We will gather evidence, witness statements, and expert testimony to support this claim.
Challenging the Weight or Quantity of Marijuana
Oklahoma trafficking laws are quantity-based; you need to be linked with 25 pounds or more of marijuana, 1,000 or more marijuana plants, 72oz of edibles, or 1oz of marijuana concentrate. If the total weight of the marijuana found is just over the statutory threshold, challenging the accuracy of the measurement can be a viable strategy. It may be that law enforcement did not follow proper weighing procedures, that the scales were not accurately calibrated, or that non-marijuana materials (like stems, packaging, or dirt) were included in the weighing when they should not have been.
If the actual usable amount of marijuana is found to be under the threshold, we may be able to get the charge reduced to simple possession or possession with intent. Both of these charges carry significantly lighter penalties than trafficking.
Medical Marijuana Defense (For Licensed Individuals)
While medical marijuana laws do not permit trafficking, having a valid OMMA (Oklahoma Medical Marijuana Authority) license could influence the context of the case. If you are an OMMA licensee, we may be able to argue that the marijuana was grown or possessed legally for medical purposes and that there was no intent to distribute or sell. It may be a valid defense pathway that we concede that you were in technical violation of storage or quantity limits, but not engaging in criminal trafficking.
Although this probably would not lead to an outright dismissal in most trafficking-level cases, it could persuade the court to reduce the charges or impose alternative sentencing.
Entrapment
If you were led into committing a crime when you wouldn’t have otherwise by the actions of law enforcement, that’s entrapment. Entrapment is often an issue in cases that involve undercover operations, confidential informants, or controlled buys or stings. If we are able to prove that you were pressured, coerced, or manipulated into participating in a trafficking operation by law enforcement or their agents, entrapment could be a viable defense.
Violation of Miranda Rights
If you were taken into custody and interrogated without first being read your Miranda rights, any incriminating statements you made may be inadmissible in court. This defense hinges on whether you were in custody at the time of questioning, whether you were informed of your right to remain silent and to an attorney, and whether you knowingly and voluntarily waived those rights. If you were not informed of your rights when you were arrested, it is important that you tell your lawyer right away when you have a chance to speak with them.
Chain of Custody Issues
The prosecution must prove that the evidence presented in court is the same as what was seized during the arrest and that it has not been tampered with. This is referred to as the chain of custody. Breakdowns in the chain of custody can cast doubt on the integrity of the evidence and may result in dismissal or reduction of charges.
If we believe there has been an error or a substitution, we will look for gaps in the documentation of who handled the evidence, evidence of improper storage or testing of the marijuana, and any missing or inconsistent lab reports.
Plea Bargaining and Charge Reduction
In cases where the evidence against you is strong, and we are unlikely to be able to get a not-guilty verdict, we may look into the possibility of a plea deal. Though not a defense in the strictest sense, this strategy can dramatically reduce the long-term consequences of a conviction. Making a plea may mean that we can reduce a trafficking charge to possession or distribution, limit jail time, or even get you probation, treatment, or community service instead.
What Should You Do If You’re Arrested in Oklahoma City
The key thing to do if you’ve been arrested, whatever the charge, is to exercise your right to remain silent. Other than identifying yourself to police officers and asking to speak to a lawyer, you need to keep quiet. Members of law enforcement may attempt to get you to get you talking about other subjects like sports or current events so that they can lead the conversation round to more relevant topics without you noticing. Do not let them trick you. Repeat (politely) that you want to speak to a lawyer, and then ignore any attempts at conversation.
Help Your Criminal Defense Lawyer to Help You
It is very important that you do not try to deceive your lawyer; we are here to defend you, not to judge you, and everything you say to us is protected by attorney-client privilege. You should be frank with us, even if the truth is embarrassing or does not paint you in the best light. We are dedicated to acting in your best interests, and will protect your rights whatever the case. However, if you give us information that is not accurate, or hide something important, we may end up blind-sided by the prosecution in court, which can be very bad for your defense.
The right legal approach can change everything, and there are numerous defense strategies available that, when tailored to the facts of your case, can lead to reduced charges, dismissal, or even acquittal. You can trust us to do our due diligence in preparing the strongest possible defense. We have the experience necessary to advocate for you fiercely, both in and out of the courtroom. For skilled help when you really need it, get in touch with us at Cannon & Associates in Oklahoma City, OK.