Playing on the Imagination

A significant misperception exists surrounding the criminal charge of drug trafficking in Oklahoma. The term itself conjures images of sophisticated cartels and complex distribution networks moving vast quantities of illegal substances. While such operations certainly fall under the trafficking umbrella, the legal reality for many individuals facing this charge in Oklahoma is far simpler and more direct: it is often nothing more than the possession of a drug in a quantity that the state legislature has deemed too large for personal use.

Oklahoma Trafficking in Illegal Drugs Act

Under the Oklahoma Trafficking in Illegal Drugs Act, the critical element that escalates a charge from simple possession to the much more severe offense of trafficking is not proof of sale, distribution, or transportation. It is purely the weight of the substance found in a person's possession. For example, possessing 20 grams of methamphetamine or 28 grams of cocaine—amounts that could fit in a small container—is automatically classified as trafficking.1 For fentanyl, the threshold is a mere one gram.2

Legislative Assumption

This legislative framework is built on the presumption that possessing such a quantity inherently means the individual is part of the supply chain. The law infers the intent to distribute based solely on the amount, viewing it as a dangerous quantity that surpasses any reasonable claim of personal consumption.3 Consequently, many people charged with trafficking are not necessarily "kingpins" but may be individuals struggling with addiction who purchase in larger quantities. This distinction is often lost on the public, which may not realize that a charge carrying the heavy stigma and severe penalties of "trafficking" can be triggered without a single sale ever taking place.

Author: Brian J. Boeheim

Brought to you by: Boeheim Freeman Law, Tulsa, Oklahoma. 918-884-7791 - onyourworstday.com