If you’ve been accused of marijuana trafficking in Oklahoma City, it’s important to contact a drug crime lawyer right away. You could be charged either by the state of Oklahoma, which has very serious penalties for marijuana trafficking, or by the federal government, depending on the circumstances. Always work with an experienced lawyer who knows how to defend you in either case. Here’s what to expect if federal charges come your way.
Federal Charges for Marijuana Trafficking in Oklahoma City
Charges can be brought federally if the government believes that someone has knowingly or intentionally dispensed, distributed, or manufactured 1,000 or more marijuana plants or 1,000 kg or more of marijuana. You can also be charged if you have a lesser amount but there’s clear evidence it was intended for sale or distribution: the higher amount simply triggers an automatic charge (with harsher penalties, as well).
It’s important to know that the federal government has another weapon in its arsenal: conspiracy to traffic in marijuana. It will pull this out if it wants to accuse two or more people of working together to traffic marijuana, and “conspiracy to traffic” is usually the charge that will be brought against the more minor participant, such as a street dealer or a driver. Not only does this allow the federal government to still pull out a pretty big charge against someone where they may not have enough evidence to do a full trafficking charge, but it’s often used for the purpose of getting information. The penalties for conspiracy to traffic are the same as those for actual trafficking, and the point of this is to try to get minor players to testify against the major players in order to avoid the hefty penalties.
Penalties for Marijuana Trafficking
Federal law has large fines for marijuana trafficking and also some mandatory minimum prison sentences. The only way you can avoid the minimum sentences is if the United States Attorney General agrees to waive them, which is rare. Anyone who has caught trafficking between 100 and 999 kg of marijuana or 100 to 999 marijuana plants is charged with a class B felony. The minimum prison sentence here is five years, but you can be sentenced all the way up to 40 years, and either way, you can expect four years of supervised release afterward and up to $5 million in fines.
For those caught trafficking 1,000 kg or more, it becomes a class A felony. At that point, the minimum prison sentence is 10 years and the maximum is life. Once released, anyone convicted of this felony would have to undergo five years of supervised release. Fines here go up to $10 million. Again, in all these situations, there is an outside possibility that you might qualify for lesser penalties or the federal government may agree to lower them, but this should never be counted on. And the best way to have any hope of getting your penalties lowered is if you have a good lawyer.
State vs. Federal Charging
In general, if the trafficking was confined entirely to the state of Oklahoma, or if it involves smaller quantities, the state would bring the charges. These are prosecuted under Oklahoma’s Uniform Controlled Dangerous Substance Act, which has penalties like mandatory minimums of 4 to 10 years in prison. Federal charges become more likely when the marijuana moves across the state lines, or if it’s a particularly large-scale operation. If there’s any connection to organized crime, the federal government may get involved there, too.
Possible Defenses Your Drug Crime Lawyer May Use
Illegal Search and Seizure
This is one of the most common defenses that can be used. If law enforcement did not have the right to search you or your property, but did so anyway, or if they coerced you into agreeing to ass search or arrested you without probable cause, it may be possible to exclude all the evidence in your case and get the charges dropped entirely. In other cases, even if there’s other evidence that can’t be dropped, an illegal search and seizure may still be enough to get the charges lowered.
Insufficient Evidence
To prove that you were trafficking, the prosecutor will have to show that you actually possessed the marijuana. This can be difficult at times. If marijuana was actually found on your person or in a car that you were driving, there’s probably enough evidence. But if you were in a home where marijuana was found, and particularly if that home was shared by multiple people, or it was known that people freely came and went from the home, the prosecution may have a difficult time proving that the marijuana is actually yours. The same would hold true if you were driving a friend’s car and the drugs weren’t in an obvious place.
There might also be insufficient evidence if your lawyer can question how the evidence was handled once it was found. If there’s any break in the chain of custody while it’s in the hands of authorities, or if it was not tested or stored properly by whatever entity was tasked with determining that it is marijuana, this could take some of the evidence away from the prosecution and make it easier to plea bargain for a lower charge or get the charges dropped completely.
Entrapment
This is not one of the more common defenses, but there are occasions when law enforcement find a way to convince someone to commit a crime which they otherwise would not be willing to do. This is known as entrapment and is illegal. It’s a solid defense against any criminal charge, if it can be proven.
Plea Bargaining
A plea bargain is not quite the same thing as a defense, but the idea here is that your lawyer may be able to get the charges against you lowered or the penalties reduced in some way through discussion with the prosecution. One way to do this is if you can offer the federal government some substantial assistance in identifying or convicting somebody else involved in a felony crime.
Another way to secure a plea bargain can sometimes be to show the prosecution that the evidence against you is weak. The prosecution is unlikely to want to bring a case if it will cost a lot of time and money and doesn’t have a good chance of succeeding. It’s often in their best interests to bring a lower charge that they can actually prove, rather than spend the time and money trying to convict you of something more serious. Your lawyer will explore all avenues for a plea bargain to get you the best possible result.
A marijuana trafficking charge is very serious, whether you’re being charged by the state of Oklahoma or by the federal government. If you find yourself in this situation, reach out to us at Cannon & Associates in Oklahoma City right away. The faster we get to work on your case, the better and stronger your defense will be. We have extensive experience in criminal law and drug cases in particular and will work hard to protect you and your future.