Drug Trafficking Laws in Oklahoma
Drug trafficking is a serious crime in Oklahoma, and the penalties for conviction can be severe. The definition of drug trafficking in Oklahoma is the transportation, importation, or exportation of a controlled dangerous substance (CDS) with the intent to distribute. The penalties for drug trafficking in Oklahoma vary depending on the type and quantity of the CDS involved.
Types of CDS
The Oklahoma Drug Control Act classifies CDS into five schedules, with Schedule I being the most dangerous and Schedule V being the least dangerous. The following are some examples of CDS that are classified as Schedule I:
- Heroin
- LSD
- Marijuana
- Methamphetamine
- Cocaine
Penalties for Drug Trafficking
The penalties for drug trafficking in Oklahoma are based on the type and quantity of the CDS involved. The following are some examples of the penalties for drug trafficking in Oklahoma:
- Marijuana: The penalty for trafficking marijuana in Oklahoma is a minimum of 4 years in prison and a maximum of life in prison.
- Methamphetamine: The penalty for trafficking methamphetamine in Oklahoma is a minimum of 10 years in prison and a maximum of life in prison.
- Cocaine: The penalty for trafficking cocaine in Oklahoma is a minimum of 15 years in prison and a maximum of life in prison.
- Heroin: The penalty for trafficking heroin in Oklahoma is a minimum of 20 years in prison and a maximum of life in prison.
Aggravated Drug Trafficking
The penalties for drug trafficking in Oklahoma are even more severe if the trafficking involves a large quantity of drugs or if the trafficking is committed by a gang member or other criminal organization. The following are some examples of the penalties for aggravated drug trafficking in Oklahoma:
- Aggravated trafficking of marijuana: The penalty for aggravated trafficking of marijuana in Oklahoma is a minimum of 20 years in prison and a maximum of life in prison.
- Aggravated trafficking of methamphetamine: The penalty for aggravated trafficking of methamphetamine in Oklahoma is a minimum of 30 years in prison and a maximum of life in prison.
- Aggravated trafficking of cocaine: The penalty for aggravated trafficking of cocaine in Oklahoma is a minimum of 40 years in prison and a maximum of life in prison.
- Aggravated trafficking of heroin: The penalty for aggravated trafficking of heroin in Oklahoma is a minimum of 50 years in prison and a maximum of life in prison.
Defenses to Drug Trafficking Charges
There are a number of defenses that can be raised to drug trafficking charges in Oklahoma. Some of the most common defenses include:
- Entrapment: The defendant was induced by law enforcement to commit the crime.
- Involuntary intoxication: The defendant was so intoxicated that they did not know what they were doing.
- Necessity: The defendant was forced to commit the crime in order to avoid a greater harm.
- Immunity: The defendant has immunity from prosecution for the crime.
If you have been charged with drug trafficking in Oklahoma, it is important to speak with an experienced criminal defense attorney at Overman Legal Group as soon as possible. One of our attorneys can help you understand the charges against you and can develop a defense strategy.
