Distribution of a Controlled Dangerous Substance in Oklahoma

charged distribution cds oklahomaIt’s illegal to distribute a controlled dangerous substance (CDS) in Oklahoma. The official definition of “distribute a CDS” is to “deliver other than by administering or dispensing a controlled dangerous substance.” “Deliver” or “delivery” means the actual, constructive, or attempted transfer of a CDS from one person to another. This applies whether there’s an agency relationship.

 

There’s no minimum quantity of drugs required to be charged with this crime. A prosecutor isn’t required to establish that any traceable or specific usable quantity of a prohibited narcotic substance was involved. The quantity of the drug involved does not need to be sufficient to produce a stimulating or depressing effect on the nervous system. There’s no requirement that a sale occur. While a sale will certainly count as “distribution,” no money needs to be exchanged to be found guilty of this crime. Therefore, the prohibited conduct includes not only dealing and selling, but also sharing with or dividing among persons any contraband drug. The element of compensation is irrelevant. Merely giving illegal drugs to someone is enough to constitute the commission of this crime.

 

Penalty for Distribution of a Controlled Dangerous Substance in Oklahoma

This crime is a felony. The penalties are listed below. The schedule of CDS distributed is irrelevant.

 Prison timeFine
First OffenseUp to 10 yearsUp to $25,000
Second Offense2 – 20 yearsN/A
Third Offense10 years – lifeN/A

Using a Child to Distribute a CDS

The punishment for distribution of a CDS is more severe for anyone 18 or older uses or solicits the use of services of someone under 18.

 Prison time
First Offense2 – 10 years
Second Offense4 – 20 years
Third & Subsequent Offense10 years – life

Distributing a CDS to a Minor

The punishment for distribution of a CDS is more severe for anyone 18 or older who distributes a CDS to someone under 18.

 Prison time
First Offense2 – 10 years
Second Offense4 – 20 years
Third & Subsequent Offense10 years – life

Distributing a CDS in the Presence of a Young Child

The punishment for distribution of a CDS is more severe for anyone 18 or older who distributes a CDS in the presence of a person under 12 years old.

 Prison time
First Offense2 – 10 years
Second Offense4 – 20 years
Third & Subsequent Offense10 years – life

Distributing a CDS Near a School, Park, Housing Project, or Child Care Facility

Distributing a CDS in, on, or within 2,000 ft of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, public housing project, or child care facility dramatically increases the punishment. Depending on the situation, the term of imprisonment will double or triple the punishment for distributing not near those locations.

Punishment when there’s not additional aggravating factors:

 PrisonFine
First offenseUp to 30 yearsup to $50,000
Second & Subsequent6 – 60 yearsN/A

Punishment when using a child to distribute a CDS, distributing a CDS to a minor, or distributing a CDS in the presence of a young child:

 PrisonFine
First offense4 – 20 yearsup to $50,000
Second & Subsequent12 – 60 yearsN/A

Anyone convicted of a second and subsequent violation of this subsection is not eligible for a suspended sentence, deferred sentence, or probation.

Sources: 63 O.S. § 2-401 & 63 O.S. § 2-101

Charged with a distribution of CDS in Oklahoma? Call Oklahoma drug attorney Frank Urbanic in OKC at 405-633-3420.

Don’t panic! Call Urbanic.® 405-633-3420