Oklahoma City, like many other major cities in the United States, is dealing with an increase in drug abuse and drug trafficking. In response to the increased volume of drug trafficking activity through Oklahoma, specifically I-35 and I-40, local and state law enforcement agencies have cracked down on drug trafficking to reduce the number of drug traffickers moving drugs through the state.
So, if you’re facing drug trafficking charges in Oklahoma, you need to consult a drug trafficking lawyer to understand the potential punishment for this offense and identify a way forward in your case.
What Qualifies as Drug Trafficking in Oklahoma?
Drug trafficking in Oklahoma does not involve an “intent” element. Meaning, the prosecutor in your Oklahoma drug trafficking case does not have to prove intent to distribute drugs or intent to sell drugs. The only requirements to be convicted of drug trafficking in Oklahoma are possession of a sufficient weight of a specific drug to qualify as “trafficking weight.”
What is a Controlled Dangerous Substance?
In Oklahoma City, OK, a controlled dangerous substance is a substance whose possession and use are regulated by the government under the Controlled Substances Act.
In the United States, drugs are categorized into five schedules based on their potential for harm and potential medical use. Drugs such as heroin are Schedule I drugs and are considered to have a high potential for abuse and no accepted medical use. On the other hand, schedule V drugs such as cough medicines containing small amounts of codeine have a low potential for abuse and accepted medical use.
If you were found to be trafficking Schedule I or II drugs, then you could be facing charges for aggravated trafficking, which comes with more severe penalties.
Schedule I
Schedule I substances are those considered to be the most dangerous, with the highest potential for abuse and addiction. They usually have no accepted medical use, although recently, marijuana has become legal in Oklahoma for medical use. If you are facing criminal charges in relation to Schedule I drugs, then this could constitute aggravated trafficking. Schedule I drugs include:
- Marijuana.
- Methamphetamine (meth).
- Heroin.
- Crack cocaine.
- Lysergic Acid Diethylamide (LSD).
Schedule II
Schedule II substances are considered less harmful and addictive than Schedule I drugs and can often be used for medical purposes such as pain relief. These drugs can still have very harmful effects on the user if abused, and drug crimes involving substances in this schedule will still incur severe penalties. Schedule II drugs include:
- Oxycodon
- Adderal
- Fentanyl
- Methamphetamine
Schedule III
Schedule III substances are still harmful if abused but are less addictive than substances in schedules I and II. They are often used within medicine in the United States and include drugs such as:
- Ritalin.
- Codeine.
- Steroids.
- Ketamine.
Schedule IV
Schedule IV substances are commonplace in medicine, and you will probably know them under their brand name. These prescription drugs shouldn’t be harmful if taken under the recommended guidelines; however, they still have the potential for abuse. Substances in Schedule IV include:
- Ambien.
- Soma.
- Xanax.
- Valium.
Schedule V
Finally, schedule V substances are considered the least harmful and addictive, although they still have the potential for trafficking charges. They include:
- Lomita.
- Parepectolin.
- Cough medicine.
- Lyrica.
What are Penalties for Drug Distribution and Drug Trafficking?
Since the penalty for a first-time trafficking offense is twice the penalty for a first-time distribution offense, the penalties for distribution determine the penalties for trafficking. The distribution of a schedule I drug is punishable by five years to life in prison and less than $100,000 in fines. Therefore, trafficking of the same substance would have a penalty of 10 years to life and less than $200,000 in fines.
The distribution of a Schedule II drug carries a punishment of four years to life in prison and a fine of less than $20,000. Trafficking of the same substance would carry a penalty of four years to life in prison and a fine of less than $40,000.
Schedule III, IV, and V drug distribution is punishable by one year in prison and a fine of less than $1,000. Therefore, trafficking of these drugs would carry a penalty of two years in prison and a fine of less than $2,000.
The distribution of a schedule III, IV, and V is a misdemeanor, but trafficking is a felony, even if these drugs are considered less addictive than schedule I or II drugs.
What are the Federal Sentencing Guidelines for my Federal Drug Trafficking Offense?
Having an experienced federal criminal defense lawyer is important when facing federal drug trafficking charges. For certain federal drug convictions, judges are required to impose minimum criminal sentences. A federal judge who sentences a person who trafficked the following amount of illegal substances under a drug trafficking charge must give that defendant at least 10 years of prison time:
- 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
- 5 kilograms or more of a mixture or substance containing a detectable amount of: coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and
(1) derivatives of ecgonine or their salts have been removed;
(2) cocaine, its salts, optical and geometric isomers, and salts of isomers;
(3) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(4) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); - 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
- 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
- 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
- 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
- 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or
- 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;
Federal criminal judges must abide by mandatory minimum sentences if your federal drug trafficking case is resolved as drug trafficking for the amount of the specified drug above or if you are convicted at trial of federal drug trafficking charges. The mandatory minimum on many federal drug trafficking offenses is ten years in federal prison.
These minimum sentences for trafficking drugs of 1 kilo or more are longer (20 years) if death or serious injury results, or the defendant has a prior drug felony conviction. If a person is convicted of this drug trafficking charge and they have two or more drug felony convictions, the minimum sentence is life in prison.
Further, if a judge sentences a person for trafficking the following list of illegal substances, the minimum sentence a judge can impose is 5 years, and the maximum is 40 years in prison:
- 100 grams or more of a mixture or substance containing a detectable amount of heroin;
- 500 grams or more of a mixture or substance containing a detectable amount of–
1. coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
2. cocaine, its salts, optical and geometric isomers, and salts of isomers;
3. ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
4. any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); - 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
- 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
- 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
- 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
- 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; or
- 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;
These minimum sentences can be extended to 10 years if the defendant is a repeat offender or 20 years in federal prison, if, as a result of the federal drug trafficking charge,s a person lost their life or a serious injury resulted from the crime. If the defendant is both a repeat offender and has suffered death or serious injury, the minimum sentence is life in prison.
Lesser possessions, such as a “simple” possession of a controlled substance with only one prior conviction, have a mandatory minimum sentence of only 15 days, but up to 2 years in prison. If they have 2 or more prior convictions, the minimum sentence is 90 days, but up to 3 years in prison.
Contact Our Oklahoma City Criminal Defense Attorneys Today
If you are facing drug charges in Oklahoma City, OK, then contact Cannon & Associates today for a free consultation. We can offer immediate legal advice if you have just been arrested. You should speak to legal representation before you speak to the police so so give us a call, no matter what situation you find yourself in.
We are committed to doing everything possible to protect your freedom and future. The sooner you call us, the sooner we can start building your defense. Call us now at (405) 657-2323.
Please review our other FREE RESOURCES from OKC Criminal Defense Attorneys until we can answer your specific Oklahoma criminal defense questions: