Are you facing drug trafficking charges in Oklahoma? Here are 7 things you need to know according to Tulsa criminal defense attorney Stephen Cale.
The following is for education purposes only, is not legal advice and does not establish an attorney-client relationship. Laws change frequently and may have changed since this article was written. For a free initial consultation to discuss criminal charges, contact the Cale Law Office at 918-771-7314, or through the web.
- 1. Trafficking Applies Only to Certain Drugs
- 2. Trafficking With Multiple Kinds of Some Drugs Counts as Separate Offenses
- 3. Trafficking Involves Certain Amounts of Drugs
- 4. The Possible Punishment For a First Offense Depends On the Kind and Amount of Drugs
- 5. The Punishment Increases for Second and Third or More Trafficking Convictions for Certain Drugs
- 6. There is a Limit on Reducing the Length of Incarceration Through Credits
- 7. An Aggravated Trafficking Conviction Affects the Amount of Time That Must Be Served Before Parole Consideration
- Working With The Cale Law Office
1. TRAFFICKING APPLIES ONLY TO CERTAIN DRUGS
First, the provisions of Oklahoma’s Trafficking in Illegal Drugs Act apply 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.
2. TRAFFICKING WITH MULTIPLE KINDS OF SOME DRUGS COUNTS AS SEPARATE OFFENSES
Possessing some separate substances at the same time in violation of Oklahoma’s drug trafficking statute constitutes a separate offense for each substance. Those substances are marijuana, cocaine or coca leaves, heroin, amphetamine and methamphetamine.
See Related Article: 10 Defense Strategies and Tactics to Fight Drug Charges
3. TRAFFICKING INVOLVES CERTAIN AMOUNTS OF DRUGS
Secondly, trafficking involves a certain amount of the drugs listed above. Unless otherwise allowed by law, it is illegal to knowingly distribute, manufacture, bring into this state or possess:
Marijuana: Twenty-five pounds or more of a mixture or substance containing a detectable amount of marijuana.
Cocaine, coca leaves or cocaine base: Twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine, coca leaves or cocaine base.
Heroin: Ten grams or more of a mixture or substance containing a detectable amount of heroin.
Amphetamine or methamphetamine: Twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine.
Lysergic acid diethylamide (LSD): One (1) gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD).
Phencyclidine (PCP): Twenty (20) grams or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP).
Methylenedioxy methamphetamine: Thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine.
Morphine: One thousand (1,000) grams or more of a mixture containing a detectable amount of morphine.
Oxycodone: Four hundred (400) grams or more of a mixture containing a detectable amount of oxycodone.
Hydrocodone: Three thousand seven hundred fifty (3,750) grams or more of a mixture containing a detectable amount of hydrocodone.
Benzodiazepine: Five hundred (500) grams or more of a mixture containing a detectable amount of benzodiazepine. Alprazolam (trade name Xanax) and clonazepam (trade name Klonopin) are examples of benzodiazepine drugs.
Fentanyl and its analogs and derivatives: One (1) gram or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives. An analog is a compound that has a similar chemical structure as another compound. A derivative is a compound that is derived from a similar compound by chemical means.
4. THE POSSIBLE PUNISHMENT FOR A FIRST OFFENSE DEPENDS ON THE KIND AND AMOUNT OF DRUGS
The third thing that you need to know is that the range of punishment for a first offense depends on the type and amount of drug involved in trafficking. Here is a list showing the first offense punishment for each kind of drug:
Marijuana: For 25 up to 1,000 pounds, the punishment is a $25,000 to $100,000 fine and/or up to 20 years in prison. But, 1,000 pounds or more of a mixture or substance containing a detectable amount of marijuana is deemed “aggravated trafficking.” Aggravated trafficking has a stiffer penalty. It carries a fine of $100,000 to $500,000 and/or up to 20 years in prison.
Cocaine, coca leaves or cocaine base: For twenty-eight (28) grams up to three hundred (300) grams, a $25,000 to $100,000 fine and/or up to 20 years in prison. For three hundred (300) to four hundred and fifty (450) grams, a fine of $100,000 to $500,000 and/or up to 20 years in prison. Four hundred and fifty (450) grams or more is deemed “aggravated trafficking” and carries a fine of $100,000 to $500,000 and/or up to 20 years in prison.
Heroin: For ten (10) up to twenty-eight (28) grams, the punishment is a $25,000 to $100,000 fine and/or up to 20 years in prison. However, twenty-eight (28) grams or more is deemed aggravated trafficking. In that case, the punishment is a fine of $50,000 to $500,000 and/or up to 20 years in prison.
Amphetamine or methamphetamine: For twenty (20) up to two hundred (200) grams, a find of $25,000 to $200,000 and/or up to 20 years in prison. For two hundred (200) up to four hundred and fifty (450) grams, a fine of $50,000 to $500,000 and/or up to 20 years in prison. But, four hundred fifty (450) grams or more is deemed aggravated trafficking. In that case, the punishment is a fine of $50,000 to $500,000 and/or up to 20 years in prison.
Lysergic acid diethylamide (LSD): For one (1) up to ten (10) grams, up to 20 years in prison and a fine of $50,000 to $100,000. Ten (10) grams or more is deemed “aggravated trafficking.” It is punishable by two (2) years to life in prison and a fine of $100,000 to $250,000.
Phencyclidine (PCP): Twenty (20) up to one hundred fifty (150) grams, up to 20 years in prison and a fine of $20,000 to $50,000. For one hundred fifty (150) grams or more, the crime is deemed to be aggravated trafficking.The punishment in that instance is two (2) years to life in prison and a fine of $50,000 to $250,000.
Methylenedioxy methamphetamine: Thirty (30) tablets or ten (10) grams, up to 20 years in prison and a fine of $25,000 to $100,000. one hundred (100) tablets or thirty (30) grams is considered aggravated trafficking. The punishment is two (2) years to life and a fine of $100,000 to $500,000.
Morphine: One thousand (1,000) grams or more, up to 20 years in prison and a fine of $100,000 to $500,000.
Oxycodone: Four hundred (400) grams or more, up to 20 years in prison and a fine of $100,000 to $500,000.
Hydrocodone: Three thousand seven hundred fifty (3,750) grams or more, up to 20 years in prison and a fine of $100,000 to $500,000.
Benzodiazepine: Five hundred (500) grams or more, up to 20 years in prison and a fine of $100,000 to $500,000.
Fentanyl and its analogs and derivatives: One (1) up to five (5) grams, up to 20 years in prison and a fine of $100,000 to $250,000. Five (5) grams or more is aggravated trafficking with a punishment of two (2) years to life and a fine of $250,000 to $500,000.
See Related Article: 7 Reasons You May Want to Consider a Plea Deal
5. THE PUNISHMENT INCREASES FOR SECOND AND THIRD OR MORE TRAFFICKING CONVICTIONS FOR CERTAIN DRUGS
Oklahoma’s drug trafficking statute provides for a different punishment for a second drug trafficking conviction, as well as for a third of more convictions for certain substances. Those drugs are marijuana, cocaine or coca leaves, heroin, methamphetamines and amphetamines.
For a second offense, the punishment is four (4) years to life, plus applicable fines. Additionally, the defendant must serve fifty percent (50%) of the sentence before being eligible for parole consideration, said Tulsa criminal defense attorney Stephen Cale.
For three or more drug trafficking offenses, the punishment is twenty (20) years to life, plus applicable fines. Additionally, the defendant must serve fifty percent (50%) of the sentence before being eligible for parole consideration.
6. THERE IS A LIMIT ON REDUCING THE LENGTH OF INCARCERATION THROUGH CREDITS
Many eligible prisoners reduce the actual amount of time served by earning credits. However, under Oklahoma drug trafficking law, persons convicted of trafficking are not eligible for any type of credits which have the effect of reducing the length of sentence to less than fifty percent (50%) of the sentence imposed.
7. AN AGGRAVATED TRAFFICKING CONVICTION AFFECTS THE AMOUNT OF TIME THAT MUST BE SERVED BEFORE PAROLE CONSIDERATION
A person convicted of aggravated drug trafficking must serve eighty-five percent (85%) of such sentence before being eligible for parole consideration.
Source: Okla. Stat. Tit. 63, sec. 2-401 (OSCN 2023)
WORKING WITH THE CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards. If you or someone you know has been charged with a crime, call the Cale Law Office at 918-771-7314. Your initial consultation is free.
Drug trafficking is a serious felony charge. So, you’ll need serious legal representation. That’s why Stephen Cale is the right criminal defense lawyer for you. Attorney Cale has been serving clients with legal representation since 1999. That means that he’s an attorney with experience.
Serving clients throughout Northeastern Oklahoma, including Tulsa, Washington, Nowata, Rogers, Craig, Okmulgee, Creek, Pawnee and Osage counties.