Drug Trafficking Charges In Oklahoma — It All Depends On The Quantity
Under Oklahoma’s Trafficking in Illegal Drugs Act, a simple drug possession or drug distribution charge will automatically elevate to a drug trafficking charge if the amount of the controlled substance found in possession exceeds specific quantities.
Drugs And Quantities That Will Trigger A Trafficking Charge
Here is a breakdown of the types of controlled substances (including prescription drugs) and their quantities that will trigger a drug trafficking charge:
|25 pounds of marijuana|
|28 grams of cocaine
5 grams of cocaine base (crack)
|10 grams of heroin|
|20 grams of methamphetamine|
|1 gram of LSD|
|20 grams of PCP|
|1,000 grams of morphine|
|400 grams of oxycodone|
|3750 grams of hydrocodone|
|500 grams of benzodiazepine|
Drug Trafficking Penalties
The penalties for a drug trafficking offense will depend on the type of drug and quantity found. Fines ranging from $25k to $500k are possible. Prison term sentences range from up to 20 years for a first offense and up to life with 2 or more prior felony convictions. The larger the quantity, typically the steeper the consequences.
Quantities That Will Elevate The Charge To Aggravated Drug Trafficking
An individual is likely to face an aggravated drug trafficking charge if high quantities of a controlled substance are found. They include:
|1,000 pounds or more of marijuana|
|450 grams or more of cocaine|
|28 grams or more of heroin|
|450 grams or more of methamphetamine|
|10 grams or more of LSD|
|150 grams or more of PCP|
Aggravated Drug Trafficking Penalties
Aggravated trafficking is classified as a violent crime. It is also considered an 85% crime. An 85% crime is one for which someone convicted of it must serve at least 85% of their sentence before they can be considered eligible for parole. They may not receive any credit that reduces their sentence to a period shorter than 85% of a sentence.
I-40 Drug Trafficking Arrests
Authorities often target major highways like I-35 and I-40 when searching for people who could potentially be transporting drugs across the country. One of the most common highways for drug trafficking cases is I-40, which dissects Oklahoma from East to West. Officers in Beckham County, Caddo County, Canadian County, Custer County, and Oklahoma County routinely are notorious for targeting drivers traveling on I-40.
Due to the increased efforts to tackle drug trafficking routes, particularly amid the overdose fatalities associated with prescription drug use, prosecutors will not hesitate to prosecute to the full extent of the law.
Oklahoma Panhandle Drug Trafficking Cases
With the legalization of marijuana in Colorado, the amount of marijuana pouring into Oklahoma, predominantly through the panhandle (Cimarron County, Texas County, Beaver County and Harper County) has exploded over the past few years. As a result, the number of Trafficking, Aggravated Trafficking, and Possession with Intent to Distribute charges have dramatically increased as well.
Our office is one of the few law firms that regularly accepts cases in Boise City (Cimarron County), Guymon (Texas County) and Beaver (Beaver County).
How Our Criminal Defense Team Can Help You Or Your Loved One
At the Swain Law Group, our team of experienced criminal defense attorneys knows the law and what police can and cannot do. With 5 former drug prosecutors on our team, our attorneys are tasked each day to defend the same types of cases that they used to prosecute. Talk about a built in advantage.
Authorities have been known to conduct unreasonable search and seizures of vehicles and personal belongings in violation of Fourth Amendment constitutional rights. They illegally confiscate drugs or paraphernalia and attempt to use them to convict individuals.
Case law is also constantly evolving across the country, especially when it comes to search and seizure laws. The United States Supreme Court’s decision in Rodriguez v. United States in 2015 has been an important tool for our office when it comes to fighting searches in drug cases across Oklahoma.
Our team of lawyers is here to make sure any evidence unlawfully obtained is thrown out and never used against you.
You have rights. We are here to protect them — and mitigate repercussions you or your loved one could face. Call 405-546-1292 to find out how our team can help.