Trafficking in Illegal Drugs

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Client Reviews From Trafficking in Illegal Drugs Cases

"THANK YOU FOR BELIEVING IN ME AND FIGHTING FOR ME WHEN EVEN MY FAMILY GAVE UP." L.H.

"THANK YOU FOR TAKING THE TIME TO EXPLAIN EVERYTHING TO MY HUSBAND AND I. UNDERSTANING WHAT WAS HAPPENING MADE IT SO MUCH EASIER TO DEAL WITH." R.L.

Times Have Changed for Drug Crimes

It was only a few years ago and people convicted of simple possession of marijuana were sentenced to significant prison time in Oklahoma. If you were convicted of Manufacturing, Distribution, or Trafficking they would just throw away the key. Times have changed and now possession of a controlled drug is a misdemeanor with a maximum of 1 year in jail, and marijuana is legal for medical purposes with a prescription. This doesn’t mean that you should take an arrest for a drug crime lightly, especially when the arresting agency is going to do everything in their power to make your simple possession into a possession with intent to distribute, or even worse trafficking. There are also ramifications to your employment and your driver’s license if you are not careful.

Time is of the Essence - Hire the Best Tulsa Attorney for You

First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on drug charges, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

  1. DON’T TALK AND DON’T GIVE A STATEMENT.

  2. DON’T GIVE THEM CONSENT TO SEARCH.

  3. DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.

  4. EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.

  5. DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.

Trafficking in Illegal Drugs - Elements

You are instructed that no person may be convicted of trafficking in illegal drugs unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) knowingly;

(2) distributed/manufactured/(brought into Oklahoma)/possessed;

(3) [Specify Amount of Controlled Dangerous Substance from 63 O.S. Supp. 2000, § 2-415(C)] of [Specify Controlled Dangerous Substance]. 

OR

(1) possessed;

(2) [Specify Controlled Dangerous Substance];

(3) with the intent to manufacture; 

(4) [Specify Amount of Controlled Dangerous Substance from 63 O.S. Supp. 2000, § 2-415(C)] of [Specify Controlled Dangerous Substance]. 

OR

(1) used / (solicited the use of);

(2) services of a person less than 18 years of age;

(3) to distribute/manufacture;

(4) [Specify Amount of Controlled Dangerous Substance from 63 O.S. Supp. 2000, § 2-415(C)] of [Specify Controlled Dangerous Substance]. OUJI-CR 6-13

Trafficking in Illegal Drugs (Substances)

The provisions of the Trafficking in Illegal Drugs Act shall apply to persons convicted of violations with respect to the following substances:

1. Marijuana;

2. Cocaine or coca leaves;

3. Heroin;

4. Amphetamine or methamphetamine;

5. Lysergic acid diethylamide (LSD);

6. Phencyclidine (PCP);

7. Cocaine base, commonly known as "crack" or "rock";

8. 3,4-Methylenedioxy methamphetamine, commonly known as "ecstasy" or MDMA;

9. Morphine;

10. Oxycodone;

11. Hydrocodone; 

12. Benzodiazepine; or

13. Fentanyl and its analogs and derivatives. 63 O.S. 2-415

What Would be Considered Unlawful?

Except as otherwise authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to:

1. Knowingly distribute, manufacture, bring into this state or possess a controlled substance specified in subsection A of this section in the quantities specified in subsection C of this section;

2. Possess any controlled substance with the intent to manufacture a controlled substance specified in subsection A of this section in quantities specified in subsection C of this section; or

3. Use or solicit the use of services of a person less than eighteen (18) years of age to distribute or manufacture a controlled dangerous substance specified in subsection A of this section in quantities specified in subsection C of this section.

Violation of this section shall be known as "trafficking in illegal drugs". Separate types of controlled substances when possessed at the same time in violation of any provision of this section shall constitute a separate offense for each substance.

Any person who commits the conduct described in paragraph 1, 2 or 3 of this subsection shall be punished under the provisions appropriate for the amount of controlled substance represented, regardless of the actual amount. 63 O.S. 2-415

Trafficking in Illegal Drugs - Weight / Quantity

1. Marijuana:

a. twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marijuana shall be punishable by a minimum fine of Twenty-five Thousand Dollars ($25,000.00) and a maximum of One Hundred Thousand Dollars ($100,000.00), or

b. one thousand (1,000) pounds or more of a mixture or substance containing a detectable amount of marijuana shall be deemed aggravated trafficking punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

2. Cocaine or coca leaves:

a. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves shall be punishable by a minimum fine of Twenty-five Thousand Dollars ($25,000.00) and a maximum of One Hundred Thousand Dollars ($100,000.00),

b. three hundred (300) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves shall be deemed aggravated trafficking punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

3. Heroin:

a. ten (10) grams or more of a mixture or substance containing a detectable amount of heroin shall be punishable by a minimum fine of Twenty-five Thousand Dollars ($25,000.00) and a maximum of Fifty Thousand Dollars ($50,000.00), or

b. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of heroin shall be punishable by a minimum fine of Fifty Thousand Dollars ($50,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

4. Amphetamine or methamphetamine:

a. twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be punishable by a minimum fine of Twenty-five Thousand Dollars ($25,000.00) and a maximum of Two Hundred Thousand Dollars ($200,000.00),

b. two hundred (200) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be punishable by a minimum fine of Fifty Thousand Dollars ($50,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be deemed aggravated trafficking punishable by a minimum fine of Fifty Thousand Dollars ($50,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

5. Lysergic acid diethylamide (LSD):

a. one (1) gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD) shall be punishable by a minimum fine of Fifty Thousand Dollars ($50,000.00) and a maximum of One Hundred Thousand Dollars ($100,000.00), or

b. ten (10) grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD) shall be punishable by a minimum fine One Hundred Thousand Dollars ($100,000.00) and a maximum of Two Hundred Fifty Thousand Dollars ($250,000.00);

6. Phencyclidine (PCP):

a. twenty (20) grams or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP) shall be punishable by a minimum fine of Twenty Thousand Dollars ($20,000.00) and a maximum of Fifty Thousand Dollars ($50,000.00), or

b. one hundred fifty (150) grams or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP) shall be punishable by a minimum fine of Fifty Thousand Dollars ($50,000.00) and a maximum of Two Hundred Fifty Thousand Dollars ($250,000.00);

7. Cocaine base:

a. five (5) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base shall be punishable by a minimum fine of Twenty-five Thousand Dollars ($25,000.00) and a maximum of One Hundred Thousand Dollars ($100,000.00), or

b. fifty (50) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

8. Methylenedioxy methamphetamine:

a. thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine shall be punishable by a minimum fine of Twenty-five Thousand Dollars ($25,000.00) and a maximum of One Hundred Thousand Dollars ($100,000.00), or

b. one hundred (100) tablets or thirty (30) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

9. Morphine: One thousand (1,000) grams or more of a mixture containing a detectable amount of morphine shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

10. Oxycodone: Four hundred (400) grams or more of a mixture containing a detectable amount of oxycodone shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00);

11. Hydrocodone: Three thousand seven hundred and fifty (3,750) grams or more of a mixture containing a detectable amount of hydrocodone shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00); 

12. Benzodiazepine: Five hundred (500) grams or more of a mixture containing a detectable amount of benzodiazepine shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00); and

13. Fentanyl and its analogs and derivatives: One (1) gram or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives shall be punishable by a minimum fine of One Hundred Thousand Dollars ($100,000.00) and a maximum of Five Hundred Thousand Dollars ($500,000.00). 63 O.S. 2-415

Violating the Provisions Above - Punishment

Any person who violates the provisions of this section above shall be punishable by a term of imprisonment as follows:

1. Not less than twice the term of imprisonment provided for in Section 2-401 of this title;

2. If the person has previously been convicted of one violation of this section or has been previously convicted of a felony violation of the Uniform Controlled Dangerous Substances Act arising from separate and distinct transactions, not less than three times the term of imprisonment provided for in Section 2-401 of this title;

3. If the person has previously been convicted of two or more violations of this section or any provision of the Uniform Controlled Dangerous Substances Act which constitutes a felony, or a combination of such violations arising out of separate and distinct transactions, not less than twenty (20) years to life imprisonment or life without parole; provided, if the person has been previously convicted of two or more drug trafficking violations, the punishment shall be life without parole; and

4. If the person is convicted of aggravated trafficking, a mandatory minimum sentence of imprisonment in the custody of the Department of Corrections for a term of fifteen (15) years of which the person shall serve eighty-five percent (85%) of such mandatory sentence before being eligible for parole consideration or any earned credits. 63 O.S. 2-415

Employing Minors in Trafficking - Felony

A. It shall be unlawful for any individual eighteen (18) years of age or older to solicit, employ, hire, or use an individual under eighteen (18) years of age to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any controlled dangerous substance.

B. A person who violates subsection A of this section shall be guilty of a felony and, upon conviction, shall be punishable by a term of imprisonment, or fine, or both, not exceeding twice that authorized by Section 2-401 or Title 63 of the Oklahoma Statutes.

C. A person who violates subsection A of this section after a previous conviction pursuant to that subsection which has become final, shall be punishable by a term of imprisonment not exceeding three times that authorized by Section 2-401 of Title 63 of the Oklahoma Statutes.

D. A person who violates subsection A of this section by employing, hiring, or using an individual under fifteen (15) years of age, may be imprisoned a maximum of twenty-five years, fines not more than One Hundred Thousand Dollars ($100,000.00), or both, in addition to any other punishment authorized by this section.

E. It shall not be a defense to this section that a person did not know the age of an individual. 63 O.S. 2-419.1

Creation of Drug Abuse Education Revolving Fund

There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Drug Abuse Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of fines collected pursuant to the Trafficking in Illegal Drugs Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Board of Education for drug abuse education programs. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. 63 O.S. 2-417

Report of Convictions Related to Controlled Dangerous Substances

A. Any person charged with aggravated trafficking pursuant to Section 2-415 of this title shall not be subject to pretrial release as specified in Section 1105.3 of Title 22 of the Oklahoma Statutes and shall not be released on bail without a Global Positioning System (GPS) monitoring device attached to the person and cost thereof paid by such person at his or her own expense until after the conclusion of the criminal case. The Department of Corrections shall monitor such GPS monitoring device and the person until the conclusion of the case, and the person shall pay a supervision fee as provided for other persons subject to supervision by the Department. At the conclusion of the case, the court shall order the removal of the GPS monitoring device if the person is acquitted or is to be incarcerated or the case is dismissed.

B. The Department of Corrections shall maintain statistical records on any aggravated trafficking offense, including a calculation of the time period from arrest to disposition, and if the person is convicted, the term of sentence, length of sentence actually served in incarceration, amount of the fine imposed, whether any enhancements or co-occurring offenses were involved, whether the person is determined upon reception into the custody of the Department to be an addicted person, and whether the person has prior convictions by stating the prior offenses. 63 O.S. 2-420

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Trafficking in Illegal Drugs Litigation Expertise

Don’t settle for the quick plea on Drug Crime charges in Oklahoma. There are many ramifications to even taking a misdemeanor plea to probation. When defending drug charges, it is necessary to obtain experienced and aggressive representation who is willing to question whether there was probable cause for the stop, whether the search may have breached your constitutional rights, and based on case law you may not have been in possession of the contraband. The smallest detail or piece of evidence can make all the difference.  The longer you wait to hire a Criminal Defense attorney the greater the stress and the greater the advantage to the prosecution.

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