Federal Drug Crimes
Both Oklahoma state laws and federal drug laws prohibit the possession, delivery, sale, or manufacture of illicit drugs and controlled substances. A drug crime can become a federal offense when:
- The crime involved crossing state lines (such as drug distribution or trafficking)
- The defendant was arrested by an undercover federal law enforcement officer
- The defendant was apprehended in the process of perpetrating the drug crime on federal property
- The crime involved other offenses, such as gang activity, money laundering, or firearms
- The surrounding circumstances make the drug crime a serious offense that warrants more severe punishment
Drug Charges in Oklahoma
In the state of Oklahoma, common drug-related charges include:
Under Oklahoma Statutes Section 63-2-402(A), a person commits an offense of drug possession if they "knowingly or intentionally possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner."
Drug trafficking involves the unlawful distribution, manufacturing, or sale of a controlled substance. According to Oklahoma Statutes Section 63-2-415, a person commits an offense of drug trafficking if they:
- Knowingly distribute, manufacture, possess, or bring a controlled substance into the state
- Possess any controlled substance with the intent to manufacture more
- Use or solicit the use of services of a person under 18 years of age to distribute or manufacture a controlled substance
Possession with Intent to Distribute
Under Oklahoma Statutes Section 63-2-401, a person commits an offense of drug possession with intent to distribute if they:
- Distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled substance
- Solicit the use of or use the services of a person under 18 years of age to cultivate, distribute or dispense a controlled substance
- Create, distribute, transport with intent to distribute or dispense, or possess with intent to distribute, a counterfeit controlled substance
Possession of Drug Proceeds
Furthermore, Oklahoma state law prohibits transactions involving proceeds derived from illegal drug activities. Pursuant to Oklahoma Statutes Section 63-2-503.1, "It is unlawful for any person knowingly or intentionally to receive or acquire proceeds and to conceal such proceeds, or engage in transactions involving proceeds, known to be derived from any violation of the Uniform Controlled Dangerous Substances Act."
Drug Schedules in Oklahoma
In Oklahoma, controlled substances are categorized into "schedules," depending on the drug's level of danger, the potential for abuse, and medical use. The schedule classifications include:
- Schedule I: These substances have a high potential for abuse and no common medical use. Some common examples include heroin, marijuana, MDMA, LSD, and ecstasy.
- Schedule II: These are drugs with a high potential for abuse but are severely restricted for medical use. Examples include cocaine, codeine, methamphetamine, hydrocodone, opium, and methadone.
- Schedule III: Compared to Schedule I or II drugs, these substances have a lower potential for abuse and are severely restricted for medical treatments. Examples include ketamine, anabolic steroids, and antidepressants.
- Schedule IV: These are drugs with a lower potential for abuse than Schedule III substances are commonly used for medical purposes. Some examples include Valium, Tramadol, Xanax, Klonopin, Ambien, and other sedatives.
- Schedule V: These are substances with the least potential for abuse and are commonly used for medical treatments. Some common examples include cough syrups, Lyrica, Parepectolin, Motofen, pseudoephedrine, and Lomotil.
If convicted of a drug offense in Oklahoma, potential penalties include:
Schedule I and II Substances
These are felonies, punishable by imprisonment for not less than two years and not more than 10 years and by a fine not exceeding $5,000. Second and subsequent offenses incur at least four years and up to 20 years in prison, a fine of up to $10,000, or both.
Schedule III, IV, and V Substances
These are misdemeanors, punishable by imprisonment for not more than one year and a fine not exceeding $1,000. Second and subsequent offenses incur at least two years and up to 10 years in prison, a fine of up to $5,000, or both.
Purchase or Possession near a School
According to Oklahoma Statutes Section 63-2-402, it is illegal to purchase or possess controlled substances:
- Within 1,000 feet of a school
- In a recreation area
- In a public park
- In the presence of a child below 12 years of age
First offense: Punishable by twice the prison time, fine, or both applicable to the underlying offense as described above.
Second and subsequent offenses: Punishable by up to three times the applicable prison time, an additional fine of up to $10,000, or both, to the underlying offense as described above.
Work With a Skilled Attorney
Defending yourself against drug crimes charges alone without detailed guidance or legal representation from an experienced attorney can expose you to the possibility of receiving the maximum punishment. If convicted, you could be facing substantial fines, lengthy prison time, a criminal record, and other social ramifications. When facing drug charges, retaining a skilled criminal defense attorney is imperative to help protect your rights and outline your defense strategy.
At Wilson Law Firm PLLC, I have devoted my career to providing outstanding legal services and handling drug crimes cases. As your attorney, I will investigate the facts of your case and help you understand the different legal defenses for your situation. Using my extensive experience and knowledge, I will help you navigate the Oklahoma criminal justice system.
My firm can provide you with the reliable representation you need to fight the allegations against you. Having me on your side can help improve your chances of reaching a favorable outcome in your case.