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Oklahoma Drug Crime Defense Lawyer

Drug crimes in Oklahoma vary from simple possession to drug trafficking. The charge will depend on the type of drugs, amount of drugs, location of the drugs, presence of currency in close proximity to the drugs, and other evidence that distinguishes possession for personal use from possession with intent to distribute.

Tankut Law, PLLC has litigated hundreds of drug related crimes and has the technical knowledge and legal experience necessary to fight your drug case in the State of Oklahoma. 

What is a controlled drug? 

"Controlled drugs" are defined as drugs that have a possibility of abuse or addiction. Controlled drugs are seperated into "schedules" based on their level of risk for abuse or addiction.

How many drug schedules are there and what are some examples? 

There are 5 schedules of drugs - Schedule I, II, III, IV, V. The DEA's webpage defines each schedule as follows: 

Schedule I: Drugs with no currently accepted medical use and a high potential for abuse.

Examples of Schedule I drugs: Heroin, Lysergic acid diethylamide (LSD), Marijuana

Schedule II: Drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence.

Examples of Schedule II drugs: Hydrocodone (Norco), Amphetamine (Adderall), Methadone, Hydromorphone (Dilaudid), Meperidine (Demerol), Oxycodone (OxyContin)

Schedule III: Drugs with a moderate to low potential for physical and psychological dependence. 

Examples of Schedule III drugs: Tylenol with codeine, Ketamine, Anabolic steroids, Testosterone

Schedule IV: Drugs with a low potential for abuse and low risk of dependence.

Examples of Schedule IV drugs: Alprazolam (Xanax), Carisoprodol (Soma), Diazepam (Valium), Zolpidem (Ambien), Tramadol

Schedule V: Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics.

Examples of Schedule V drugs: Cough preparations with codeine, Lomotil, Motofen, Lyrica

Drug Crime Penalties in Oklahoma

Oklahoma takes drug crimes very seriously and they can quickly become complicated legal battles. Besides the obvious potential consequences such as fines and prison time as mentioned below, a conviction on your record can prevent you from joining the military or pursuing other careers, make you ineligble for federal student loans, restrict your ability to secure housing, and hamper your professional and personal relationships. 

Simple Possession of Drugs 

With the law changes in 2017, possession of controlled dangerous substances that are intended for personal use only are now misdemeanors.

ο Carries up to a year in county jail and up to $1,000 fine

Possession with Intent to Distribute Schedule I or II drugs (except marijuana)

ο First offense: Up to 7 years in the Department of Corrections and up to $100,000.00 fine 

ο Second offense: Up to 14 years in the Department of Corrections

ο Third offense: Up to 20 years in the Department of Corrections

Possession with Intent to Distribute Schedule III, IV, V drugs (including marijuana)

ο First offense: Up to 5 years in the Department of Corrections and up to $20,000.00 fine

ο Second offense: Up to 10 years in the Department of Corrections 

ο Third offense: Up to 15 years in the Department of Corrections 

Trafficking in Illegal Drugs

Drug Trafficking carries harsh punishments in Oklahoma. Regardless of its name, trafficking does not require an actual intent to distribute drugs. 

Oklahoma's Trafficking in Illegal Drugs Act specifies the type of drugs and the quantities that will elevate a charge from simple possession to drug trafficking. Possession of any of these drugs in the amounts listed, even if for personal use only, will get you a charge of drug trafficking - the most serious drug charge in the State of Oklahoma. 

ο Marijuana: 25 pounds or more of a substance or mixture

ο Cocaine, coca leaves or cocaine base: 28 grams or more of a substance or mixture

ο Heroin: 10 grams or more of a substance or mixture

ο Amphetamine or methamphetamine: 20 grams or more of a substance or mixture

ο Lysergic acid diethylamide (LSD): 1 gram or more of a substance or mixture

ο Phencyclidine (PCP): 20 grams or more of a substance or mixture

ο Methylenedioxy methamphetamine: 30 tablets or 10 grams of a mixture

ο Morphine: 1,000 grams or more of a mixture

ο Oxycodone: 400 grams or more of a mixture

ο Hydrocodone: 3,750 grams or more of a mixture

ο Benzodiazepine: 500 grams or more of a mixture

ο Fentanyl and its analogs and derivatives: 1 gram or more of a mixture 

Punishment for Trafficking in Illegal Drugs in Oklahoma

ο First offense: Up to 20 years in the Department of Corrections

ο Second offense: Minimum 4 years and Maximum Life 

ο Third offense: Minimum 20 years and Maximum Life 

Besides the harsh ranges of punishment and hefty fines, the laws in Oklahoma also require anyone receiving their second or third conviction for drug trafficking to serve at least 50 percent of their sentence before being eligible for any parole considerations.  

The complete version of Oklahoma's Trafficking in Illegal Drugs Act can be found under Title 63, Section 2-414 through 2-420 of the Oklahoma Statutes. 

Contact Our Oklahoma Drug Lawyer

If you are under investigation for a drug related crime in Oklahoma or you have already been charged, contact us online or call/text (405) 996-6477 for a free case evaluation. 

Contact Us (405) 996-6477