Drug Trafficking

Client Review

John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have. - Sharon Pinkard


Drug Trafficking may seem like an intent specific crime; however, it is solely based on possession, either actually or constructively, the specified quantity of the underlying drug. Drug Trafficking charges are very serious and defending these charges is largely based on your criminal defense lawyers ability to contest law enforcement’s conduct by suppression of evidence or excluding statements or evidence related to your drug trafficking charges.

Oklahoma Statute

The statute for Drug Trafficking is OKLA. STAT. tit. 21 § 2-415, which states “The provisions of the Trafficking in Illegal Drugs Act shall apply to persons convicted of violations with respect to the following substances: Marihuana; Cocaine or coca leaves; Heroin; Amphetamine or methamphetamine; Lysergic acid diethylamide (LSD), Phencyclidine (PCP); Cocaine base, commonly known as “crack” or “rock”; Methylenedioxy methamphetamine, commonly known as “ecstasy” or MDMA; Morphine; Oxycodone; Hydrocodone; Benzodiazepine; or Fentanyl and its analogs and derivatives.

Except as otherwise authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to: Knowingly distribute, manufacture, bring into this state or possess a controlled substance specified in subsection A of this section in the quantities specified in subsection C of this section; Possess any controlled substance with the intent to manufacture a controlled substance specified in subsection A of this section in quantities specified in subsection C of this section; or Use or solicit the use of services of a person less than eighteen (18) years of age to distribute or manufacture a controlled dangerous substance specified in subsection A of this section in quantities specified in subsection C of this section. Violation of this section shall be known as ‘trafficking in illegal drugs.’”

Elements of the Crime

In order to be convicted of Drug Trafficking in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove ONE OF THE FOLLOWING:

1) knowingly;

2) distributed, manufactured, brought in to Oklahoma, or possessed;

3) the following specific quantities of the underlying controlled dangerous substance: 

  • twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marihuana;
  • twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves;
  • ten (10) grams or more of a mixture or substance containing a detectable amount of heroin;
  • twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine;
  • one (1) ounce or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP);
  • five (5) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base; or
  • thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine

OR 

1) possessed;

2) [amount of controlled substance];

3) with intent to manufacture:

  • twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marihuana;
  • twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves;
  • ten (10) grams or more of a mixture or substance containing a detectable amount of heroin;
  • twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine;
  • one (1) ounce or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP);
  • five (5) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base; or
  • thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine

OR

1) used, or solicited the use of;

2) services of a person less than 18 years old;

3) to distribute or manufacture:

    • twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marihuana;
    • twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves;
    • ten (10) grams or more of a mixture or substance containing a detectable amount of heroin;
    • twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine;
    • one (1) ounce or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP);
    • five (5) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base; or
    • thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine

Oklahoma Jury Instruction #6-13. 

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Drug Trafficking in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.

Contact Attorney John Cannon

All initial consultations are free and confidential.