DRUG CRIMES IN OKLAHOMA
John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney.I would definitely recommend him to anyone. – LaQuita Roper
Drug crimes are taken seriously by prosecutors in Oklahoma, from simple possession to complex drug trafficking and racketeering schemes. A large percentage of state prisoners in Oklahoma are incarcerated based on drug crimes. Facing drug charges can affect multiple aspects of your life, including your freedom, finances, and your future. Drug charges carry more than a potential prison sentence; they potentially carry heavy fines, difficult probation, and a complex counseling and or treatment program.
The first step to help your criminal drug charges in Oklahoma is to hire an experienced Oklahoma criminal defense attorney. CANNON & ASSOCIATES is dedicated to Fierce Advocacy for those facing criminal drug prosecution. Once you have hired an Oklahoma Criminal Defense Attorney, you can begin to build your defense and tell your story.
Unfortunately, the harshest punishment in drug cases is often the lasting effect on your record and career. A conviction may appear on background checks and make it difficult to obtain employment, loans, and professional licenses. It is essential to obtain quality legal representation from an Oklahoma drug crime defense attorney who has helped hundreds of clients obtain the best possible outcome in their particular circumstance.
You need an experienced attorney who will fight for you, if you have been arrested, charged, or you are being investigated. Drug charges in Oklahoma come in many forms, and each case and or charge require a different approach. All the charges can be found in Title 63 of the Oklahoma Statutes:
- Possession Controlled Dangerous Substance
- Possession Controlled Dangerous Substance within 1000 feet of a school or park
- Possession with Intent to Distribute
- Possession Controlled Dangerous Substance Proceeds
- Trafficking Controlled Dangerous Substances
- Aggravated Trafficking Controlled Dangerous Substance
- Maintaining a Dwelling where Possession with the Intent to Manufacture
- Possession with Intent to Distribute Imitation Controlled Dangerous Substance
- Conspiracy to Distribute a Controlled Dangerous Substance
Prior to July of 2017, you would be charged with a felony for possession even a very small amount of certain controlled substances. This was true, even with no prior criminal record. However, after this update to drug laws in Oklahoma, simple possession in Oklahoma became a misdemeanor offense, even if you have prior felony charges or convictions for possession of drugs. Possession now carries up to one year in jail and up to a $1,000 fine for first time offenders.
Possession with Intent to Distribute drugs is still a felony, which carries prison time. Whenever an individual is arrested with an amount of drugs law enforcement believes is more than an amount for personal use and or the person has drug paraphernalia, such as multiple baggies, a scale, or other items that indicate dividing or selling drugs; a person will likely be arrested and charged with felony possession with intent to distribute. Being charged with this crime is very serious, and in addition to carrying large fines and collateral consequences, a defendant is faced with the potential of up to life in prison even on a first offense.
A commonly known term in drug crimes is trafficking drugs; however, the distinction between drug trafficking and distribution is often unclear to my clients. The primary difference between the two is, in trafficking cases the amount, or weight, of drugs is higher.
No minimum or maximum amounts are set forth in Oklahoma statutes to quantify distribution of drugs. Rather, it is primarily a totality of the circumstances analysis, meaning if a prosecutor believes you may be sharing drugs or selling drugs then you will be charged with distribution.
Drug trafficking in Oklahoma, as is the case in most states, is dependent upon a threshold or minimum amount or weight of drugs that law enforcement believes can be tied directly to a single defendant. The volume amounting to Trafficking for some of the most common drugs is as follows:
- Marijuana: 25 pounds
- Methamphetamine: 20 ounces
- Cocaine: 28 grams
- Heroin: 10 grams
- Ecstasy or MDMA: 10 grams or 30 pills
- Hydrocodone: 3,750 grams
- Oxycodone: 400 grams
- Morphine: 1,000 grams
- LSD or Acid: 1 gram
- Benzodiazepine: 500 grams
The exact penalty for drug trafficking and distribution depends on the specific type of drug and amount or volume of drugs involved. The penalty can include up to life in prison for these offenses and up to half-a-million dollar fine.
Drug Schedules in the United States
All drugs, whether inherently legal or illegal, fall under one of five Drug Schedules determined by the Drug Enforcement Agency of the United States, the DEA. This list includes the most dangerous illegal drugs all the way down to common prescription medicine.
Schedule I: this category of drugs has no “federally accepted” medicinal purpose and has the highest potential for drug abuse. This category includes drugs such as: marijuana, heroin, LSD (acid),MDMA (ecstasy), mushrooms, and many more.
Schedule II: this category of drugs has minimal accepted medical purposes and those that are accepted are highly regulated due to the highly likelihood for abuse of this schedule of drugs, including: cocaine, morphine, codeine, other opioids, other painkillers, and opium.
Schedule III: this category is the middle ground with a moderate risk of abuse and more commonly accepted medical purposes than Schedule II. Some of the drugs falling under Schedule III are hormones, narcotic compounds, anabolic steroids, and barbiturates.
Schedule IV: this category includes drugs with very common medical purposes with little risk of abuse, such as Ambien, Ephedrine, Klonopin, Valium, and Xanax.
Schedule V: this category is reserved for drugs, which the DEA believes has very little likelihood of abuse, i.e. these drugs are not stimulants or depressants and contain a low amounts of narcotics. Another often overlooked and widely contested area of drug defense is possession of drug proceeds. Anything law enforcement believes is purchased from the sale of drugs can be categorized as drug proceeds, including but not limited to the following: homes, cars, motorcycles, televisions, electronics, drug paraphernalia, items used in the creation or storage of drugs, equipment used in the cultivation, production, or transportation of drugs, as well as your money, whether cash or in a bank account.
In order to be charged and convicted of possession of drug proceeds, the prosecution must prove a connection between the item of value and drugs. Specifically, knowingly acquiring, receiving goods, or derived from a violation of the Dangerous Substance Act. These charges are subject to overreach and an experienced defense attorney can hold the government to its burden and help you. As discussed in other pages of this website, the prospect of obtaining a positive result in criminal cases involving drug charges is greatly increased with hiring criminal defense counsel with experience defending drug cases.
Additionally, participating in the most appropriate treatment or rehabilitation program, while your case is pending, will increase the likelihood of obtaining a positive outcome in your case. There are a variety of diversion options and treatment programs available for drug offenses. Please visit our page on Diversion Programs in Oklahoma for more information.
When facing criminal charges in Oklahoma; threating your future, finances, and freedom, contact CANNON & ASSOCIATES in Oklahoma City for your defense. Our firm will do everything possible to defend your freedom and your future. You have the right to the presumption of innocence and representation by the best criminal defense attorney you can find. Our firm will help you throughout the process and help you reach the best possible outcome in your case, including Diversion Programs. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your criminal case.
John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges, as evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES today.