Being accused of drug trafficking is one of the most serious criminal charges you can face in Oklahoma. Unlike a simple possession case, trafficking charges carry long prison sentences, steep fines, and the potential to permanently alter your future. Prosecutors often pursue these cases aggressively, and the law doesn’t require proof of actual sales—just possessing drugs over certain weight thresholds can be enough to trigger trafficking statutes. If you’re facing drug trafficking charges in Oklahoma, knowing your rights and next steps is critical.
Understanding Drug Trafficking Charges in Oklahoma
Under Oklahoma law, trafficking is defined not just by selling drugs, but also by possessing a certain amount of a controlled substance. For example, 25 pounds of marijuana, 20 grams of methamphetamine, or as little as one gram of fentanyl can qualify as trafficking under the state’s Trafficking in Illegal Drugs Act. This means you can face trafficking charges even if there is no evidence of distribution—just the quantity alone.
Penalties are harsh. A conviction often brings mandatory prison time, fines ranging from tens of thousands to half a million dollars, and long-term collateral consequences that follow you even after release.
What to Do Immediately After Being Charged
The first steps you take can make or break your case. Here’s what to keep in mind:
- Do not make statements to police or investigators. Anything you say can be used against you.
- Retain an experienced attorney immediately. Trafficking cases move fast, and prosecutors will begin building their case right away.
- Preserve evidence and witnesses. If there are texts, calls, or witnesses who could support your defense, share them with your attorney quickly.
- Follow all bond conditions. Missing court or violating release terms can make your situation worse.
Common Questions About Drug Trafficking Charges in Oklahoma:
Do prosecutors have to prove I sold drugs to convict me of trafficking?
No. Oklahoma law only requires that you possess more than the statutory threshold weight of a controlled substance. Sales, packaging, or other evidence of distribution can strengthen the case, but they are not required.
What if the drugs weren’t mine?
This is where the concept of “constructive possession” comes in. Prosecutors may argue you had knowledge of and control over the drugs, even if they weren’t physically on you. A skilled defense attorney can challenge these assumptions, especially in cases involving shared homes or vehicles.
Can I fight the charges if the search was illegal?
Yes. If police stopped your car without reasonable suspicion, searched your home without a valid warrant, or mishandled evidence, your attorney can file motions to suppress. If granted, key evidence may be excluded, weakening the state’s case.
What are the sentencing ranges?
Sentencing varies by drug type and weight. For example, trafficking fentanyl in Oklahoma can lead to four years to life in prison and fines up to $500,000. Trafficking marijuana can mean four years to life and fines up to $100,000. Judges have limited discretion because many trafficking sentences are mandatory minimums.
Can I get into Drug Court if I’m charged with trafficking?
Drug Court is generally reserved for nonviolent offenders facing possession or possession with intent. Trafficking charges often disqualify defendants, but every case is unique. Your attorney can explore alternative resolutions or negotiate with prosecutors for reduced charges that make treatment-based programs possible.
“Trafficking charges carry some of the harshest penalties in Oklahoma, but it’s important to remember that the State still has to prove its case. Every detail of the stop, search, and evidence matters.”
— Clayburn Curtis, Partner
Possible Defense Strategies
No two trafficking cases are alike, but common defense strategies include:
- Challenging the search and seizure – If law enforcement violated your constitutional rights, the evidence may be inadmissible.
- Disputing possession – Proving the drugs weren’t under your knowledge or control.
- Questioning lab results – Chain-of-custody errors or unreliable testing methods can undermine the state’s weight-based evidence.
- Reducing charges – Negotiating to lower trafficking charges to possession or possession with intent, which carry lighter penalties and greater flexibility for sentencing.
Let Overman Lead Your Defense
Facing drug trafficking charges in Oklahoma is not something you should attempt to manage on your own. The stakes are enormous, and prosecutors will pursue the harshest outcomes they can. An experienced defense attorney can examine every detail of the stop, search, and arrest, challenge unlawful police conduct through suppression motions, and negotiate for reduced charges or more favorable sentencing alternatives. With the right legal strategy, your defense can be tailored to the facts of your case and give you the best chance of success.
Although trafficking charges are among the most severe criminal allegations in the state, a charge does not automatically equal a conviction. It is possible to challenge the evidence, press for lighter penalties, or even see your case dismissed entirely.
If you or someone you love is facing these charges, the time to act is now. Contact Overman Legal today for a confidential consultation. We will review your case, explain your options, and work tirelessly to protect your rights and your future by obtaining the most favorable outcome for your case.
