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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. 

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

Schedule I: Drugs with no currently accepted medical use and a high potential for abuse. Examples: Heroin, LSD, marijuana. 

Schedule II: Drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Examples: hydrocodone, oxycodone, adderall, methadone, dilaudid, demerol. 

Schedule III: Drugs with a moderate to low potential for physical and psychological dependence. Examples: Tylenol with codeine, ketamine, anabolic steroids, testosterone. 

Schedule IV: Drugs with a low potential for abuse and low risk of dependence. Examples: xanax, soma, valium, ambien, tramadol. 

Schedule V: Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Cough syrup with codeine, lomotil, motofen, and lyrica are all classified as Schedule V. 

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, a conviction on your record can prevent you from joining the military or pursuing other careers, make you ineligible for federal student loans, restrict your ability to secure housing, and hamper your professional and personal relationships. 

Simple Possession

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

Simple Possession of all drugs is punishable by up to a year in the county jail and up to $1,000 fine.

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

First offense: Up to 7 years in prison and up to a $100,000 fine

Second offense: Up to 14 years in prison

Third offense: Up to 20 years in prison

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

First offense: Up to 5 years in prison and up to a $20,000 fine

Second offense: Up to 10 years in prison

Third offense: Up to 15 years in prison

Drug Distribution

First offense: Up to 10 years in prison and up to a $25,000 fine

Second offense: Minimum 2 years and maximum 20 years in prison 

Third offense: Minumum 10 years and maximum Life

Drug Manufacturing

First offense: Up to 10 years in prison and up to a $25,000 fine

Second offense: Minimum 2 years and maximum 20 years prison 

Third offense: Minumum 10 years and maximum Life

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 or their mixtures 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. 

Marijuana: 25 pounds or more. If 1,000 pounds or more, then aggravated trafficking
Cocaine or cocaine base: 28 grams or more. If 450 grams or more, then aggravated trafficking
Heroin: 10 grams or more. 28 grams or more for aggravated trafficking
Amphetamine or methamphetamine: 20 grams or more. 450 grams or more for aggravated trafficking
Lysergic acid diethylamide (LSD): 1 gram or more. 10 grams or more for aggravated trafficking
Phencyclidine (PCP): 20 grams or more. 150 grams or more for aggravated trafficking
Methylenedioxy methamphetamine: 30 tablets or 10 grams or more. 100 tablets or 30 grams is considered aggravated and is punishable for a minimum of 2 years and up to life in prison 
Morphine: 1,000 grams or more 
Oxycodone: 400 grams or more 
Hydrocodone: 3,750 grams or more 
Benzodiazepine: 500 grams or more
Fentanyl and its analogs and derivatives: 1 gram or more. 5 grams or more for aggravated trafficking 

Punishment for Trafficking in Illegal Drugs in Oklahoma

First offense: Up to 20 years in prison

Second offense: Minimum 4 years and Maximum Life 

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 trafficking to serve at least 50 percent of their sentence before being eligible for parole considerations.

Anyone convicted of aggravated trafficking is required by law to serve 85% of their sentence before being eligible for 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 (405) 996-6477 for a free case evaluation. 

Contact Us (405) 996-6477