Drug trafficking is the possession, distribution, manufacturing, or transportation of illegal controlled substances in quantities that exceed legal thresholds outlined in the Oklahoma Trafficking in Illegal Drugs Act. Aggravated trafficking charges involve larger quantities of drugs or specific circumstances such as distribution near a school, is classified as an 85% crime. Drug trafficking penalties depend on the type of drug involved and the amount, with fines ranging from $25,000 to $500,000 and prison sentences up to life, especially those who are repeat offenders. Due to the harsh sentences for a conviction on drug trafficking, it is crucial to hire experienced legal defense for those facing charges of drug trafficking or aggravated trafficking in Oklahoma.
What Are Oklahoma's Drug Trafficking Laws?
Oklahoma's drug trafficking laws are outlined in the Trafficking in Illegal Drugs Act, which was last amended on Nov 1, 2021. The Trafficking in Illegal Drugs Act outlines the controlled substances and their respective quantities that result in the escalation of drug charges from possession to trafficking. It also outlines the controlled substances and their respective quantities that result in charges of aggraved drug trafficking.
Any person who manufactures, transports, or sells controlled substances can be charged with drug trafficking by law enforcement agencies such as local police, sheriffs, or the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD). Those facing
What Amount of Drugs is Considered Trafficking in Oklahoma?
The weight of illegal drugs that qualifies as trafficking in Oklahoma varies depending on the type of controlled dangerous substance (CDS). Marijuana is measured in pounds, while drugs such as heroin and cocaine are measured in grams.
The list below contains the minimum weights or quantities of illegal drugs to constitute drug trafficking charges according to the Trafficking in Illegal Drugs Act of Oklahoma.
- Marijuana (weed): ≥twenty-five pounds (25 lb)
- Cocaine: ≥ twenty-eight grams (28g)
- Heroin: ≥ ten grams (10g)
- Lysergic acid diethylamide (LSD): ≥ one gram (1g)
- Amphetamine or methamphetamine: twenty grams (20g)
- Phencyclidine (PCP): ≥ twenty grams (20g)
- Cocaine Base or “Crack”: ≥ twenty-eight grams (28g)
- Fentanyl: ≥ one gram (1g)
- Morphine: ≥ one thousand grams (1,000g)
- Oxycodone: ≥ Four hundred grams (400g)
- Hydrocodone: ≥ Three thousand seven hundred fifty grams (3,750g)
- Benzodiazepine: ≥ Five hundred grams (500g)
- Methylenedioxy methamphetamine: ≥ thirty (30) tablets or ten grams (10g)
Prosecutors often file cases based solely on the amount of narcotics discovered; it does not matter whether the individual was transporting, selling, or distributing the narcotics. As such, it is one of the most difficult drug charges to defend.
What is Aggravated Trafficking in Oklahoma?
Aggravated trafficking charges are based on the amount or weight of the drug the individual allegedly possess, according to Oklahoma law. Aggravated trafficking charges involve larger amounts (weight or quantity) of illegal drugs. Aggravated trafficking charges can also stem from the circumstances surrounding the drug seizure. If a defendant is caught while with a minor or near a school zone or park, the prosecution may seek aggravated trafficking charges.
Aggravated charges carry the same punishment ranges as simple trafficking. This is good news for those facing charges, as individuals facing aggravated trafficking previously faced a mandatory minimum of fifteen (15) years in prison.
The range of punishments are the same for simple trafficking and aggravated trafficking, but aggravated trafficking is considered an 85% crime. An 85% crime means a convict will not receive earned credits until 85% of the sentence has been served, and he or she will not become eligible for parole until 85% of the sentence has been served. This crime carries a fine as well, and anyone convicted of the crime can expect to pay up to $500,000.00.
Not all controlled dangerous substances can lead to aggravated trafficking charges. Only the possession of certain amounts of marijuana, powder cocaine, crack cocaine, methamphetamine, amphetamine, and MDMA can result in someone being charged with aggravated trafficking in illegal drugs.
Moreover, being caught in certain locations can also enhance penalty ranges for trafficking and aggravated trafficking charges. If an individual is caught with trafficking or aggravated trafficking weight in the presence of a minor or in certain proximity of a school, park, or other similar location, he or she can face even more harsh punishment than that listed above.
What Amount of Drugs Is Considered Aggravated Trafficking in Oklahoma?
Below are the weights or quantities that constitute aggravated trafficking of illegal drugs charges in the state of Oklahoma.
- Marijuana: one thousand pounds (1,000 lb)
- Cocaine: four hundred fifty grams (450g)
- Heroin: twenty-eight grams (28g)
- Lysergic acid diethylamide (LSD): one gram (1g)
- Amphetamine or methamphetamine: four hundred fifty grams (450g)
- Phencyclidine (PCP): one hundred fifty grams (150g)
- Cocaine Base or “Crack”: twenty-eight grams (28g)
- Fentanyl: five grams (5g)
- Methylenedioxy methamphetamine: one hundred (100) tablets or thirty grams (30g)
Quantities of CDS at or above these levels can result in aggravated drug trafficking charges which may carry more significant penalties than simple trafficking.
What is the Difference Between Drug Trafficking and Aggravated Trafficking in Oklahoma?
In Oklahoma, the difference between drug trafficking and aggravated trafficking is determined by the quantity (weight) and type of illegal substance involved. Aggravated trafficking is considered an 85% crime: a convict will not receive earned credits until 85% of the sentence has been served, and he or she will not become eligible for parole until 85% of the sentence has been served.
What is the Difference Between Drug Trafficking and Distribution in Oklahoma?
The primary difference between drug trafficking and distribution lies in the scale and severity of the offense, according to Oklahoma law. Drug trafficking involves the illegal possession, transportation, or sale of large quantities of controlled substances, often leading to felony charges with severe penalties. By contrast, drug distribution involves the unlawful sale or transfer of smaller amounts of controlled substances. Drug distribution can result in charges including felonies and misdemeanors, depending on the specific circumstances and the amount of the substance involved.
What Are the Penalties For Drug Trafficking in Oklahoma?
The penalties for drug trafficking in Oklahoma range from fines to prison time. Fines and prison sentences are based on factors such as the type and weight of the drugs involved, the criminal history of the defendant, the intent of the defendant, the strength and admissibility of evidence presented by the prosecution, and aggravating factors such as getting arrested in the presence of a minor or near a school zone.
What Is the Prison Sentence for Drug Trafficking in Oklahoma?
The prison sentences for drug trafficking in Oklahoma vary based on the type and weight (or quantity) of the illegal drug involved, and the defendants past criminal record. The guidelines outlined in the Trafficking in Illegal Drugs Act are listed below.
- 1st violation: a term of imprisonment in the Department of Corrections not to exceed twenty (20) years.
- 2nd violation: a term of imprisonment in the Department of Corrections of not less than four (4) years nor more than life.
- 3rd violation: a term of imprisonment in the custody of the Department of Corrections of not less than twenty (20) years nor more than life
Second and third violations require serving at least 50% of the sentence before being eligible for parole consideration.
What Are the Fines for Drug Trafficking in Oklahoma?
The fines for simple drug trafficking in Oklahoma vary based on the illegal substance involved. The list below contains the fines for trafficking various controlled dangerous substances in Oklahoma.
- Marijuana: $25,000 - $100,000
- Cocaine: $25,000 - $500,000
- Heroin: $50,000 - $500,000
- Lysergic acid: $50,000 - $100,000
- Amphetamine or methamphetamine: $25,000 - $500,000
- Phencyclidine (PCP): $20,000 - $50,000
- Cocaine Base or “Crack”: $25,000 - $500,000
- Fentanyl: $100,000 - $250,000
- Methylenedioxy methamphetamine: $25,000 - $100,000
The amount of the fine is determined by the circumstances of the arrest, including past arrests of the defendant, and the location in which they were caught with the illegal substance.
What Are the Fines for Aggravated Trafficking in Oklahoma?
The fines for aggravated drug trafficking in Oklahoma vary based on the illegal substance involved. The list below contains the fines for aggravated trafficking various controlled dangerous substances in Oklahoma.
- Marijuana: $100,000 - $500,000
- Cocaine: $100,000 - $500,000
- Heroin: $50,000 - $500,000
- Lysergic acid $100,000 - $250,000
- Amphetamine or methamphetamine: $50,000 - $500,000
- Phencyclidine (PCP): $50,000 - $250,000
- Cocaine Base or “Crack”: $100,000 - $500,000
- Fentanyl: $250,000 - $500,000
- Methylenedioxy methamphetamine: $100,000 - $500,000
The amount of the fine can be tied to the circumstances of the arrest including the record of the defendant, and the location in which they were caught with the illegal substance.
What are the Penalties for a First-time Offender Convicted of Drug Trafficking in Oklahoma?
In Oklahoma, the penalties for a first-time offender convicted of drug trafficking can include prison time and monetary fines. A first offense for trafficking in illegal drugs carries a prison sentence of zero to twenty years in prison. They may also face fines in the hundreds of thousands of dollars. For example, a first-time offender who is convicted of drug trafficking marijuana in Oklahoma could face a fine between $25,000 and $100,000.
A second violation of the Trafficking in Illegal Drugs Act carries a mandatory minimum sentence of four years of jail time to a maximum of life. A third or subsequent trafficking conviction carries a mandatory minimum sentence of twenty years of jail time and a maximum penalty of life in prison.
What Is the Legal Defense for Drug Trafficking Charges in Oklahoma?
The legal defense for individuals facing charges of drug trafficking in Oklahoma vary depending on the specifics of the case. Legal defense strategies include defending their client against unlawful searches and seizures, examining law enforcement's chain of custody, challenging the weight of the drugs, presenting alternative explanations, violations of Miranda rights, and examining the practices of law enforcement.An experienced drug trafficking lawyer investigates all of the details of the case looking for legal flaws, procedural errors, and violations of their client's constitutional rights in order to weaken the prosecution's case.
