If you’re facing drug charges in Oklahoma, it’s important to understand the difference between “trafficking” of marijuana and “possession” of marijuana. Here’s a short explanation from a criminal defense lawyer in Oklahoma City of how Oklahoma law defines trafficking versus possession of marijuana, and what the differing penalties are.
How Does Oklahoma Define “Trafficking” vs. “Possession” of Marijuana? Answers from a Criminal Defense Lawyer in Oklahoma City
Understanding Marijuana Possession in Oklahoma
In Oklahoma, the key element in possession charges is the intent. If the amount is relatively small and there is no evidence of distribution or sales, it will generally be classified as simple possession. Since the state legalized medical marijuana in 2018, the penalties for possession have become more lenient, but they still exist, especially for individuals without a medical marijuana card.
If medical marijuana cardholders exceed the limits set by the law but not by enough to qualify as trafficking, they could receive fines or misdemeanor charges, and they may be required to prove the marijuana was solely for personal medical use. For those without a medical marijuana license, possessing any quantity is illegal, and even small amounts can result in misdemeanor charges, leading to potential fines or jail time. Repeat offenders or those caught with larger quantities may face even harsher penalties.
Defining Marijuana Trafficking in Oklahoma
Marijuana trafficking involves possessing a large quantity of marijuana that exceeds the limit for personal use, indicating an intent to sell or distribute the substance. Under Oklahoma’s trafficking laws, the possession of 25 pounds or more of marijuana automatically qualifies as trafficking, even if the individual claims it is for personal use. Trafficking is treated as a serious felony offense and carries significantly heavier penalties than simple possession.
Even if there is no direct evidence that an individual was attempting to sell or distribute marijuana, the state doesn’t have to prove intent to distribute when the amount exceeds the 25-pound threshold. Simply having this amount of the drug in their possession is enough to trigger the more severe charge of trafficking, making it difficult to defend large-scale possession as personal use. Trafficking convictions often lead to mandatory minimum prison sentences and substantial fines.
Key Differences Between Trafficking and Possession
The primary differences between possession and trafficking in Oklahoma law are the quantity of marijuana involved and the intent behind having it. For possession, Oklahoma courts recognize that small amounts of marijuana could be intended for personal use. The charges and penalties are typically much lighter, especially if the person involved has a medical marijuana license.
Trafficking typically involves larger amounts, and the law automatically presumes that anyone caught with those quantities intends to distribute the drug. The strictness of Oklahoma’s trafficking laws is based on the danger posed by distributing controlled substances. Trafficking charges are designed to target individuals who participate in the illegal marijuana trade, and the penalties reflect the state’s desire to deter large-scale drug distribution.
Medical Marijuana and Legal Limits
Since Oklahoma legalized medical marijuana, there has been confusion regarding the legal limits for possession. As of now, registered medical marijuana patients are allowed to possess up to three ounces of marijuana on their person, eight ounces in their residence, one ounce of concentrate, and seventy-two ounces of edible marijuana.
Patients who exceed these limits risk facing criminal charges. Even though medical marijuana is legal for licensed patients, violating the state’s limits can result in fines, jail time, or even felony charges in extreme cases. If law enforcement believes the quantity possessed indicates intent to sell, it can elevate the charge to trafficking.
Penalties for Marijuana Possession
As mentioned earlier, Oklahoma has reduced some of the penalties for simple marijuana possession, especially for first-time offenders. In most cases, simple possession without intent to distribute is treated as a misdemeanor, especially if the amount involved is less than 1.5 ounces. The penalties can range from fines to jail time, depending on the situation. A first offense for simple possession (less than 1.5 ounces) typically results in a fine of up to $400.
If you are caught with larger quantities, though still under the trafficking threshold, the penalties are much harsher than those for simple possession. Possession with intent to distribute, even if it doesn’t meet the trafficking limit, can result in felony charges. In some cases, possession charges can also lead to the suspension of your driver’s license and other civil penalties. For repeat offenders, or those found with larger amounts, the state may impose jail time, heavier fines, and probationary periods.
Penalties for Marijuana Trafficking
The penalties for marijuana trafficking depend on the amount of marijuana involved, but even the minimum charge for trafficking can lead to decades in prison and hefty fines. These severe penalties reflect the state’s intent to combat large-scale drug distribution and prevent the illegal sale of marijuana.
Oklahoma law states that anyone convicted of trafficking marijuana faces a minimum of four years in prison, with the potential for a life sentence in extreme cases. Fines can range from $25,000 to $100,000 or more, depending on the severity of the offense and the amount of marijuana involved. In addition, individuals convicted of trafficking often face forfeiture of any property or assets connected to the offense, such as vehicles or cash.
Federal vs. State Marijuana Laws
While Oklahoma has specific laws governing marijuana possession and trafficking, federal law still classifies marijuana as an illegal drug. Federal law does not recognize any legal distinction for medical or recreational marijuana use; marijuana is still classified under federal law as an illegal drug. This means that even if you are following state law in Oklahoma, you could face federal charges for marijuana-related activities.
Federal charges often come into play in cases involving larger amounts of marijuana or interstate distribution. For example, if you are caught transporting marijuana across state lines, even between two states where marijuana is legal, federal authorities may get involved, and you could be prosecuted under federal law. The federal government typically targets larger-scale trafficking operations, but smaller cases can still trigger federal enforcement, particularly if interstate commerce is involved.
Federal penalties are often harsher, with sentences based on the amount of marijuana trafficked, prior criminal history, and any involvement in organized crime. In some instances, the assets used in trafficking, such as vehicles or bank accounts, may be subject to federal forfeiture laws, leading to additional financial losses.
Defenses to Marijuana Trafficking and Possession Charges
A key element in defending against these charges is the amount of marijuana involved and whether law enforcement followed proper procedures during the arrest. One defense may involve challenging the legality of the search that the marijuana being discovered. If your Fourth Amendment rights were violated by law enforcement officers conducting an illegal search, the evidence obtained during that search could be thrown out, which may result in the case being dismissed.
In trafficking cases, the defense may also argue that the marijuana found in your possession was for personal use rather than distribution. This defense would attempt to reduce the trafficking charge to simple possession, which carries much lighter penalties. Medical marijuana patients can also use their legal right to possess marijuana as a defense, if they are within the allowed limits.
If you or someone you know is facing marijuana possession or trafficking charges, contact Cannon and Associates Law, PLLC, in Oklahoma City, OK, to discuss your legal options and build a strong defense.