Marijuana trafficking can be charged at the state level or the federal level. Both entities have some pretty serious penalties for those convicted of this charge, and you should contact a criminal defense lawyer in Oklahoma City right away if you or a loved one is being charged with trafficking.
Differences Between State and Federal Marijuana Trafficking Laws
State and federal law have some differences when it comes to defining trafficking and precisely what penalties are applied. Bear in mind that the information below is general, and the specific circumstances of an arrest and a person’s criminal history will have a profound effect on the consequences they ultimately suffer if they’re convicted of marijuana trafficking.
State Law
Oklahoma brings charges for trafficking and aggravated trafficking. To be charged with trafficking, you must have 25 pounds or more of marijuana in your possession. It does not matter if there is no evidence that you were selling or intended to sell this marijuana: the very fact that you have that much is enough to bring the charge. If you have over 1,000 pounds of marijuana, the charge becomes aggravated trafficking.
Fines run from up to $100,000 for trafficking to up to $500,000 for aggravated trafficking. The minimum prison sentence for trafficking is two years and for aggravated trafficking, four years. Both types of trafficking have a maximum prison sentence of life, but with aggravated trafficking, you must serve a minimum of 85% of your sentence before you can be eligible for parole. If you are caught trafficking marijuana within 2,000 feet of schools, public parks, and public housing, all the penalties are doubled.
Federal Law
You can be charged with marijuana trafficking at the federal level if you have 1,000 pounds or more of marijuana in your possession, over 100 kg of mix, more than 10 kgs of hash, or more than 1 kg of hash oil. The precise penalties will depend entirely on how much you have in your possession. The lowest penalties include not less than five years in prison and up to $1 million fines. The harshest penalties include life without parole and fines as high as $75 million.
When Does Each Apply?
In general, the federal government is happy to allow the states to manage drug crimes, including marijuana trafficking. However, if someone is trafficking across state lines, the federal government is likely to be the one to bring prosecution. Additionally, if the amount was particularly large (1,000 kg or more), it’s likely that the federal government will be the one bringing the charges.
What Does “In Your Possession” Mean?
To bring these charges, the government must be able to prove that the marijuana belonged to you. As mentioned above, they do not have to prove that you actually intended to sell the marijuana to bring a trafficking charge. All they have to do is prove that you had an amount greater than the threshold. But they do have to prove it was yours.
If the marijuana is actually found on your person, this is pretty easy for them to do. But if the marijuana was found in a home that you shared with other people or in a car that you borrowed from someone or allowed others to use freely, so long as it was not in an obvious place, it may be possible to challenge the idea of possession. You will only be able to do so with the help of an experienced criminal defense attorney who understands both Oklahoma and federal drug crime laws.
What Other Consequences Are There to a Conviction?
Loss of Property
Both the federal government and the state of Oklahoma can seize any property which they can relate to the trafficking. Unfortunately, the seizure is entirely separate from the actual trafficking charge itself. Even if you were not convicted of drug trafficking in a court of law, you still may not get your property back. You have to challenge the property seizure separately, and your lawyer can help you to understand more about this.
Property that is commonly seized in these situations is money, vehicles, and real estate. For example, say you were pulled over and so many drugs were found in the trunk of your car that a trafficking charge could be brought. Even if you successfully showed in court that there is reasonable doubt those drugs belonged to you, the state may still claim that the car itself was likely acquired using the proceeds of drug sales and refuse to return it to you. You will need to talk with an experienced attorney to fight back and have any chance of getting back your property seized in conjunction with the trafficking charge.
Voting Rights
If you have a felony conviction of any sort, you are not permitted to vote or even register to vote in the state of Oklahoma while you are serving your sentence.
Running for Office
Anyone convicted of a felony or an embezzlement-related misdemeanor is prohibited by state law from holding an Oklahoma elected office for 15 years after they finish their sentence or are pardoned. They are permanently barred from election to the state legislature.
Certain Jobs
If you’re convicted of a drug crime, you may end up being unable to get certain jobs. If you have a felony record, you cannot become, for instance, an architect, accountant, doctor or dentist, pharmacist or nurse, psychologist, veterinarian, real estate appraiser, security guard, lawyer, physical therapist, occupational therapist, funeral director, surveyor, estate executor, banker, bondsman, or work in local or state government. There are a few exceptions to that last, but it is still very difficult to get a job with a felony conviction. Even in jobs that are not completely closed to you, it will be more difficult to get a job with a felony conviction than without it.
Housing and Loans
Depending on what kind of housing you’re talking about and what kind of loan, you may have difficulty renting or getting a home or business loan if you have a felony conviction.
Firearms
If you have been convicted of a felony, state law does not allow you to own or possess a firearm that is “capable of being concealed.” That’s the technical definition, but in reality that definition is so broad that almost any type of firearm counts as “concealable.”
Other Possible Penalties
You may not be able to get certain important professional licenses that you need to work a job, including a driver’s license, depending on the circumstances. You may also be barred from traveling to certain countries and be ineligible to adopt or to be a foster parent. You won’t be permitted to serve on a jury, and you may find it much harder to qualify for welfare or other government assistance, federally funded student loans, or federally funded housing. If you are not a US citizen, deportation is absolutely on the table if you’ve been convicted of a drug crime, even if you have legal authorization to live and work or study in the United States.
The possible consequences of a drug conviction or huge, whether you’re talking about the state level or federal. Contact Cannon & Associates right away in Oklahoma City: we’re your aggressive representatives who will fight for your future.