Sometimes you don’t need to be found with drugs literally on your person to get in trouble with the law. Though medical marijuana is now available to those with prescriptions, Oklahoma still takes a hard line on crimes involving recreational drugs in Oklahoma City and throughout the state. If you are looking for clarity on the law, a drug trafficking lawyer can help you know your rights.
Can You Be Arrested for Marijuana Trafficking if You Were Just Driving the Car?
If you are believed to be tangentially involved in drug trafficking of any kind, you can be arrested. The crime of trafficking in illegal drugs in Oklahoma includes the possession of large quantities of controlled substances, including marijuana. If you are found to be in possession of 25 pounds or more of marijuana, this can lead to trafficking charges being filed against you.
Unlike simple possession, trafficking does not necessarily require that you be caught in the act of distributing the drug, as mere possession of a threshold quantity is sufficient. Trafficking charges carry mandatory minimum sentences, heavy fines, and a felony record.
The Role of a Driver in a Trafficking Case
If you were driving a vehicle containing marijuana, you may be arrested, whether or not you knew it was there. Oklahoma law considers several factors to determine criminal liability, and actual knowledge is not always necessary for an arrest, though it is relevant in obtaining a conviction.
Constructive Possession
Even if the marijuana wasn’t physically on your person, you can still be charged under the legal doctrine of constructive possession. Constructive possession hinges on the idea that an item can be considered in your possession if you have knowledge of its whereabouts and control over it, even if you are not physically carrying it. This means that if the drug was found in the vehicle you were driving, and you had knowledge of its presence and control over its location, you may be counted as being in possession.
Inferences by Law Enforcement
Police may infer your involvement with trafficking based on circumstantial evidence. If law enforcement believes these factors indicate trafficking, you may be arrested even if your role was limited to driving.
This evidence may include things such as the smell of marijuana in the car during a traffic stop, or the presence of marijuana in the car when searched. Similarly, if you are known to associate with drug dealers, or if your car has concealment methods such as secret compartments that traffickers might use to hide drugs, this could also be counted as evidence. Your behavior during a traffic stop can also count against you, for example if you seem nervous or aggressive, or if you lie or make conflicting statements.
Arrest vs. Conviction
Don’t forget, there’s an important difference between being arrested on suspicion of an offense, being charged, and being convicted. To be convicted of marijuana trafficking, a prosecutor will need to show proof beyond reasonable doubt. An arrest, however, is a different matter. Law enforcement can arrest you for a crime if they have probable cause, and this is a relatively low legal threshold.
What If You Didn’t Know?
If you can convincingly argue that you had no knowledge of the marijuana, you may have a viable defense. However, ignorance is not always a complete shield. In some cases, Oklahoma courts have ruled that willful blindness, which is the intentional avoidance of knowledge of illegal activity, can be treated as actual knowledge.
This might be the case if you agreed to drive a vehicle for someone under suspicious circumstances. For example, if you were paid a disproportionate amount of money for the job, or if they didn’t tell you what it was that you were transporting, the court may infer that you had reason to suspect illegal activity but chose to ignore it.
Hypothetical Scenarios and Potential Legal Defenses
You Are Driving a Friend’s Car with Marijuana in the Trunk
If you are pulled over and the police find 30 pounds of marijuana in the trunk, you may be arrested for trafficking, even if the car isn’t yours. Charges may be filed against you because you were the driver and had control over the vehicle at the time. In this case, a great part of your defense would be your lack of knowledge of the presence of these drugs.
You Rented the Vehicle Used for Transport
If you rented a vehicle, allowed someone else to use it, and are then found driving it later with marijuana inside, prosecutors may argue you were part of a trafficking conspiracy. In this case, we might use rental agreements, surveillance footage, and electronic communications to show that you did not put the marijuana in your rented car, did not have knowledge of the drug’s presence, and that you are not part of any criminal conspiracy.
You Were Transporting Friends Who Had Marijuana on Them
If someone you are driving has enough marijuana on them to qualify for a trafficking charge, you may well be arrested too. If it appears that you were aware or should have been aware of it, you could be charged along with them. However, if the marijuana is clearly in another person’s possession, and would not have been obvious to you, we can point out the weakness in the case against you. This would be the case if, for example, the drugs were in their bag which they were holding when stopped, or in a suitcase found in the trunk that also contained their clothes.
This is not an exhaustive list of the situations in which a person might be arrested for marijuana trafficking when they were uninvolved but just happened to be driving the car. If you or a loved one has been arrested on this charge, the best thing to do is to consult a lawyer. Our advice on the legal strategy for your defense will be tailored to the individual circumstances of the case, to advocate for you as strongly as we can.
How a Drug Trafficking Lawyer in Oklahoma City Can Help
If you find yourself caught in a marijuana-related investigation in Oklahoma, it’s important to consult a lawyer with experience in this type of law. We know what to do to protect your rights in the immediate aftermath of an arrest, and throughout the legal process. If we cannot get the charges against you dropped, then we will help you prepare for your day in court. In the meantime, it is very important that you do not make any statements to the police or answer any questions without an attorney present, and also that you do not consent to any searches unless you are legally required to do so.
Drivers, roommates, friends, or even casual acquaintances can find themselves implicated in marijuana-related crimes through mere association or proximity. The best defenses against such a charge are vigilance and a clear understanding of your legal rights. If you’re looking for an attorney who will be a fierce advocate for you, get in touch with us at Cannon & Associates in Oklahoma City, OK.