We all think of drug trafficking in Oklahoma as something that happens on a large-scale level as a result of organized crime.
But a conviction for drug trafficking in Tulsa OK will depend more on how much of an illegal drug you are carrying, rather than your intent to sell or share a substance. And it is a surprisingly small amount of an illegal substance that can result in a charge of drug trafficking in Tulsa.
Oklahoma Drug Schedules
Oklahoma classifies all controlled substances, prescription drugs, and illegal drugs, into “schedules” according to the level of addictive risk balanced against medical use and necessity. The riskier the drug, the more carefully it is regulated and the harsher the penalty for illegal use and trafficking.
The riskier drugs and medications such as Oxycontin, Percocet, and Vicodin are classified as Schedule II. Controlled substances in Schedules I and II carry the most risk, and possession of them without a valid prescription is a felony offense. Okla. Stat. tit. 63 §§ 2-204 et seq.
What Constitutes Drug Trafficking in Tulsa OK
Possession alone of enough of a scheduled drug will be enough for a conviction under the law. You may be passing through Oklahoma and have the substance in your car. You may have no intention of selling or sharing it with anyone in the state.
However, the law will imply “trafficking” if the amount meets the statutory requirements. So how much is enough? Surprisingly small amounts are enough for a conviction of drug trafficking in Tulsa OK. Here are some thresholds:
- Marijuana: 25 pounds
- LSD: 1 gram
- Cocaine: 28 grams
- Crack Cocaine: 5 grams
- Methamphetamine: 20 grams
- PCP (phencyclidine): 20 grams
- Ecstasy (MDMA): 10 grams or 30 tablets
- Heroin: 10 grams
While 25 pounds of marijuana seems like a large amount, the amount of crack needed for a conviction is very small.
Many of these convictions happen as a result of an automobile stop and search. It is vital that if you are stopped, that you do not speak to police nor give your consent for a search of your car. The lack of consent means that if the police search your car without probable cause to do so, any conviction for drugs found as a result may be overturned as a result of an illegal search.
Instead of talking to the police, contact an experienced Tulsa drug crimes attorney as soon as possible.
How Penalties are Determined
If you are convicted of drug trafficking, prison time is mandatory in Oklahoma, even for a first offense. In addition, the fines imposed are huge, even for a first offense.
The amount of prison time and fines depend on the drug involved and the amount you are caught with. The prison time mandated by statute is double that that would be imposed for possession alone. It is trebled for a second conviction.
Here are some examples of penalties:
- Marijuana: 25 pounds: four years to life in prison; up to $100,000 in fines.
- Methamphetamine: 20 grams: two years to life in prison; up to $250,000 in fines.
Aggravated Trafficking
Prison terms and fines grow with both repeated offenses and with increased amounts. For example, if you are caught with 1,000 pounds of marijuana instead of 25, your fine may be as high as $500,000.
Aggravated trafficking also carries an increased minimum number of years in prison — at least 15 years. It is also subject to the 85% rule. You must serve at least 85% of your jail term before being released.
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of drug trafficking in Tulsa OK, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today by calling 918-756-9600.
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