What is Considered Drug Trafficking in Oklahoma
Drug Trafficking in Oklahoma City 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 attorney’s ability to contest law enforcement’s conduct by suppression of evidence or excluding statements or evidence related to your drug trafficking charges.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:
Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you want to get this resolved so you can go back to living your life, CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case!
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 A DRUG TRAFFICKING CONVICTION
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) ;
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 OUR CRIMINAL DEFENSE ATTORNEYS CAN DO IF YOU’VE BEEN CHARGED WITH DRUG TRAFFICKING IN OKLAHOMA CITY
Being charged with Drug Trafficking in Oklahoma City 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.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:
Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you want to get this resolved so you can go back to living your life, CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case!
CONTACT – CANNON & ASSOCIATES: OKLAHOMA CITY’S LEADING DRUG TRAFFICKING DEFENSE ATTORNEYS
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 405-591-3935 for a free confidential case evaluation.