Understanding What Amount of Drugs is Considered Trafficking in Oklahoma
If you’re wondering what amount of drugs is considered trafficking in Oklahoma, you should know that specific quantities trigger trafficking charges: as little as 28 grams for cocaine and as much as 25 pounds for marijuana. Understanding these thresholds is crucial, as trafficking charges carry severe legal consequences, including lengthy prison sentences and hefty fines. However, the determination of trafficking isn’t solely based on the quantity of drugs; other factors such as possession and involvement in organized criminal activities also play a significant role.
For personalized legal guidance and representation regarding drug trafficking charges in Oklahoma, rely on the seasoned experience of Cannon & Associates. Our dedicated team understands the intricacies of Oklahoma’s drug trafficking laws and seek to obtain dismissal or reduction of charges in every Oklahoma drug trafficking case.
In addition to fighting for dismissal of drug trafficking charges, we are committed to providing tailored solutions to your legal needs. Whether you’re facing allegations of trafficking in cocaine, marijuana, or other controlled substances, we will diligently work to protect your rights and achieve the best possible outcome for your case. Don’t face these serious charges alone—call Cannon & Associates today at 405-657-2323 to schedule a free consultation and take proactive steps to defend your future.
Defining Drug Trafficking in Oklahoma: Quantity Thresholds
If you find yourself facing serious drug trafficking charges, grasping the specifics becomes vital. In Oklahoma, the definition of drug trafficking hinges on the quantity of drugs involved, not intent to traffick drugs!
Whether it’s marijuana, cocaine, heroin, or methamphetamine, the quantity thresholds for each substance play a pivotal role in determining the severity of drug trafficking charges. An especially severe form of this charge is known as aggravated drug trafficking, which occurs when the amounts of a controlled substance exceed certain elevated thresholds, leading to more stringent penalties under the law.
Oklahoma Marijuana Trafficking Quantity Guidelines
When it comes to marijuana, the quantity thresholds in Oklahoma can be a bit complex. The law stipulates that the possession of 25 pounds or more of marijuana constitutes drug trafficking. This threshold extends to one thousand pounds or more for a more severe charge.
However, this isn’t just about the traditional form of marijuana. The state has specific thresholds for marijuana edibles and extracts as well. In Oklahoma, the possession limit for marijuana edibles is 2,037.6 grams (72 ounces). For marijuana concentrates, it is one (1) ounce to qualify as drug trafficking.
The law takes into account all forms of marijuana in determining trafficking charges.
Thresholds for Cocaine, Heroin, and Methamphetamine
As we move into the territory of more potent substances, the quantity thresholds for drug trafficking decrease significantly. For cocaine trafficking, the threshold is set at 28 grams (0.99 ounces). This means that possession of 28 grams or more of cocaine or cocaine base can escalate a simple possession charge to a trafficking charge in Oklahoma.
A comparable narrative applies to heroin and methamphetamine, both considered controlled dangerous substances. In Oklahoma, the specific quantity threshold for controlled dangerous substances like heroin is 10 grams (0.35 ounces), while the drug trafficking threshold for methamphetamine is 20 grams (0.71 ounces). These lower thresholds reflect the Oklahoma Legislature’s opinion of a heightened danger associated with these substances.
Aggravated Trafficking Quantities
Aggravated trafficking is a term you might come across when dealing with drug trafficking charges in Oklahoma. This charge is triggered when the quantity of drugs involved surpasses specific thresholds. This charge falls under the ‘85 Percent Crime’ statute, implying that a convicted person has to serve at least 85% of their sentence before parole consideration.
In the realm of Oklahoma drug trafficking, which often involves trafficking in illegal drugs, the drugs most commonly linked to aggravated trafficking cases are drug-involved:
- Heroin
- Amphetamines
- Marijuana
- Cocaine
- Methamphetamine
If you’re convicted of aggravated trafficking, the potential legal ramifications include a mandatory minimum sentence of 15 years to life in prison.
The Severity of Drug Trafficking Penalties
Now that you understand how drug quantities impact trafficking charges, it’s important to know the potential penalties upon conviction.
The severity of penalties for drug trafficking in Oklahoma is dictated by multiple factors, including the type of substance involved, the quantity, and whether it’s a first-time or repeat offense.
Impact on First-Time Offenders
For first-time offenders, the potential penalties can be daunting. A conviction for drug trafficking in Oklahoma can result in a prison sentence ranging from 4 to 10 years. But bear in mind, this is just the lowest possible sentence. Depending on the circumstances of your case, you could be facing a life sentence.
Monetary fines also form a part of drug trafficking charges. In Oklahoma, first-time offenders may be subject to fines of up to $500,000. Such substantial fines underpin the seriousness of drug trafficking charges. However, the final amount can vary significantly based on the unique circumstances of each case.
Consequences for Repeat Drug Trafficking Convictions
The consequences of drug trafficking escalate significantly for repeat offenders. If you have a previous drug trafficking conviction on your record, you could be facing a minimum prison sentence of 15 years. Oklahoma’s habitual offender laws mean that previous felony convictions can result in increased penalties for new drug trafficking charges.
It’s noteworthy that mandatory minimums apply to sentences for second and third convictions. The second conviction carries a range of four years to life imprisonment, while third or subsequent convictions follow similar patterns of increased severity.
Additional Charges Accompanying Drug Trafficking
In many drug trafficking cases, drug trafficking carries additional charges that often accompany the primary drug offense. These can include:
- possession of drug paraphernalia
- firearm offenses
- money laundering
- conspiracy to distribute drugs
The presence of additional charges can result in heightened penalties, including increased fines and extended prison sentences.
One of the more significant additional charges is money laundering. This charge is often linked to drug trafficking, when individuals engage in financial activities to disguise the origins of money obtained from illegal drug sales. Such charges can result in federal convictions for offenses related to drug trafficking and financial structuring conspiracies.
Legal Defenses Against Drug Trafficking Accusations
While confronting drug trafficking charges can be intimidating, keep in mind that potential defenses are available. The two main defenses against drug trafficking accusations are suppressing evidence obtained illegally and arguing a lack of possession of the drugs.
Suppressing Evidence Obtained Illegally
The suppression of evidence can be a powerful tool in contesting drug trafficking charges. If evidence was obtained through constitutional violations or police misconduct, it must be challenged in court. The suppression of such evidence can result in a diminished likelihood of conviction or even dismissal of charges.
To seek the suppression of unlawfully obtained evidence, a motion to suppress must be filed with the court overseeing the case. In this motion, the defense attorney argues that the evidence was acquired through infringements of constitutional rights, indicating unlawful police conduct.
When you work with Your Fierce Advocates® at Cannon & Associates, we will conduct our own investigation of your defense and seek to suppress any and all evidence obtained illegally in your Oklahoma Drug Trafficking case. We have successfully had multiple client’s drug trafficking charges dismissed due to vital evidence to the government’s case being suppressed.
Arguing Lack of Possession
Another potential defense against drug trafficking charges is arguing a lack of possession. This defense requires the defendant to demonstrate they lacked awareness of the presence of the illegal substance. It’s important to note that intent to distribute is not a requirement for the prosecution to establish a conviction for drug trafficking under the Illegal Drugs Act.
In drug trafficking cases, arguing lack of possession can come in two forms: lack of actual physical possession or more commonly lack of constructive possession. This defense contests the prosecution’s obligation to establish the defendant’s possession of the illegal drugs.
The government must establish actual or constructive possession in order to sustain a conviction for drug trafficking. In many cases the government has very weak evidence to support dominion and control of the drugs in the case, which can be a powerful defense to fight against Oklahoma drug trafficking charges.
Arguing Insufficient Drug Weight
As stated above, drug trafficking in Oklahoma is distinguished from the far less serious offenses of Drug Possession and Possession with the Intent to Distribute by weight alone, i.e. the weight of the drug in question is a prerequisite to your being prosecuted for drug trafficking.
Therefore, if the government cannot prove the requisite weight of the drug you have been charged with trafficking, then your drug trafficking prosecution cannot continue. The prosecution will be required to reduce your charge to simple Drug Possession or Possession with Intent to Distribute, if they cannot prove the required weight.
In Oklahoma drug trafficking cases, we often contest the weight of the drug and require the prosecution to have the drugs tested by OSBI to determine the exact weight. Your charge will be reduced, if the government is one gram under the requisite weight for drug trafficking.
Whatever the facts of your Oklahoma Drug Trafficking case, we are dedicated to investigating your innocence and seeking the best outcome possible for you; whether it is a dismissal, reduction in charges, or a lighter sentence.
How Cannon & Associates Can Assist With Your Case
We at Cannon & Associates, firmly believe that the Constitution demands the evidence be suppressed in your case, if your rights were violated. Therefore, we fight to investigate your innocence and police misconduct in every drug trafficking case. We vigorously defend everyone’s rights when facing severe charges, such as drug trafficking. We are dedicated to protecting your rights and achieving the best possible resolution for your case. But our commitment to our clients goes beyond the courtroom.
Our Approach to Handling Drug Cases
Our strategy for managing drug cases revolves around you, our client. We understand that each case is unique, and this is reflected in our personalized legal strategies. Our goal is not just to defend you in court but to safeguard your future aspirations as well.
We employ a variety of defense strategies in our cases, from questioning the adequacy of evidence to submitting motions to suppress unlawfully acquired evidence. Our commitment to achieving successful outcomes for our clients begins with a complimentary initial consultation to explore potential defense strategies.
Support Beyond the Courtroom
At Cannon & Associates, our support extends beyond the courtroom. We comprehend that the repercussions of a drug trafficking charge can permeate all facets of your life. That’s why we facilitate access to crucial services such as employment and counseling, prioritizing your holistic well-being and future prospects.
We provide ongoing assistance through a dedicated Client Care Coordinator, who connects our clients with the necessary services to support a hopeful and stable future. This is just one more way we prioritize the individuality of our clients and ensure that their unique dreams and aspirations are central to our legal strategy.
Get your Questions Answered Now
Facing drug trafficking charges in Oklahoma is a serious matter, with penalties ranging from substantial fines to lengthy prison sentences. The severity of these charges is largely influenced by the quantity of drugs involved, with specific thresholds triggering more severe charges and penalties. However, it’s crucial to remember that there are potential defenses available, from suppressing illegally obtained evidence to arguing a lack of possession. At Cannon & Associates, we are committed to protecting your rights and achieving the best possible solution for your case
If you are confronted with drug trafficking charges in Oklahoma, contact us. We offer a free initial case strategy session and we are dedicated to meeting with you as soon as possible to answer your questions. Call us now at 405-657-2323.
Frequently Asked Questions
What is considered drug trafficking in Oklahoma?
In Oklahoma, drug trafficking involves the possession of a specific weight of a drug, encompasses the cultivation, distribution, and sale of illegal substances regulated by the Oklahoma Uniform Controlled Dangerous Substance Act, such as marijuana, cocaine, heroin, and methamphetamine.
What is the minimum sentence for drug trafficking in the US?
In the US, the minimum sentence for drug trafficking is not less than 5 years and may increase based on the specific circumstances, such as the amount of drugs involved or any previous offenses. So, the minimum sentence ranges from 5 to 10 years and can increase for subsequent offenses.
Is drug trafficking federal or state?
Drug trafficking is generally considered a federal crime, and it is often prosecuted as such when drugs are moved across state lines.
What amount of drugs is considered trafficking in Texas?
Trafficking less than one gram of certain drugs is considered a state jail felony, whereas trafficking 400 grams or more is considered a first-degree felony that may result in a life sentence.
Are there defenses against drug trafficking charges?
Yes, potential defenses against drug trafficking charges include suppressing evidence obtained illegally, arguing a lack of possession, and insufficient weight of the drug in question to constitute drug trafficking weight for the specific drug at issue.
