Drug Trafficking Law In Oklahoma

Trafficking CDS Definition in Oklahoma

Drug trafficking in Oklahoma is also referred to as trafficking of CDS or trafficking of a controlled dangerous substance. The primary factor in determining trafficking of illegal drugs is the quantity of the drug. The following tables shows the quantities that constitute trafficking and the amount of fine and range of prison sentence.

Drug trafficking in Oklahoma occurs when someone:

  1. Knowingly distributes, manufactures, bring into Oklahoma, or possesses a controlled substance in the amount below;
  2. Possesses any controlled substance with the intent to manufacture a controlled substance in the amount below; or
  3. Uses or solicits the use of services of a person less than 18 to distribute or manufacture a controlled dangerous substance in the amount below.

Separate types of any of the controlled substances listed below when possessed at the same time in violation of Oklahoma’s drug trafficking law constitutes a separate offense for each substance.

Anyone who commits the any of the above actions and represents the quantity of the controlled substance to be an amount specified below will be punished as though the person had the amount they represented, regardless of the actual amount.

Punishment For Drug Trafficking in Oklahoma

Fines

DrugAmountFine
Marijuana≥ 25 lbs.$25,000-$100,000
Marijuana Aggravated≥ 1,000 lbs.$100,000-$500,000
Cocaine, coca leaves, or cocaine base≥ 28 g.$25,000-$100,000
≥ 300 g.$100,000-$500,000
Cocaine, coca leaves, or cocaine base Aggravated≥ 450 g.$100,000-$500,000
Heroin≥ 10 g.$25,000-$50,000
≥ 28 g.$50,000-$500,000
Amphetamine or Meth≥ 20 g.$25,000-$200,000
≥ 200 g.$50,000-$500,000
Amphetamine or Meth Aggravated≥ 450 g.$50,000-$500,000
LSD≥ 1 g.$50,000-$100,000
≥ 10 g.$100,000-$250,000
PCP≥ 20 g.$20,000-$50,000
≥ 150 g.$50,000-$250,000
MDMA (Ecstasy)≥ 30 tabs or 10 g.$25,000-$100,000
≥ 100 tabs or 10 g.$100,000-$500,000
Morphine≥ 1000 g.$100,000-$500,000
Oxycodone≥ 400 g.$100,000-$500,000
Hydrocodone≥ 3,750 g.$100,000-$500,000
Benzodiazepines≥ 500 g.$100,000-$500,000
Fentanyl & its analogues & derivatives≥ 1 g.$100,000-$500,000

Prison Sentence Ranges

Drug1st2nd3rd+
Marijuana, Cocaine, Coca Leaves, Cocaine Base, Heroin, Amphetamine, & Meth0-20 years4 years - life20 years - life
LSD???
PCP???
MDMA ≥ 30 tabs or 10 g.0-20 years0-20 years0-20 years
MDMA ≥ 100 tabs or 10 g.2 years - life2 years - life2 years - life
Morphine0-20 years0-20 years0-20 years
Oxycodone0-20 years0-20 years0-20 years
Hydrocodone0-20 years0-20 years0-20 years
Benzodiazepine0-20 years0-20 years0-20 years
Fentanyl & its analogues & derivatives???

Note that there’s no prison term listed for LSD, PCP, and fentanyl. The statute doesn’t state a prison term for those drugs.

Trafficking Sentences in Oklahoma

trafficking cds oklahomaSomeone convicted of trafficking is not eligible for earned credits or any other type of credits that would reduce the length of their sentence to less than 50% of the sentence imposed. Anyone convicted of trafficking marijuana, cocaine, coca leaves, cocaine base, heroin, amphetamine, or methamphetamine for a second or subsequent time must serve at least 50% of the sentence before being eligible for parole.

Trafficking is now eligible for probation. Previously, prison was mandatory with a trafficking charge, and no part of the sentence could be suspended. There are differing opinions on whether someone charged with trafficking is eligible for a deferred sentence. I believe trafficking charges are currently eligible for deferred sentences, but some prosecutors don’t.

Aggravated Trafficking in Oklahoma

Aggravated trafficking is a violent crime and an 85% crime. Certain crimes are referred to as 85% crimes because people convicted of these offenses are required to serve no less than 85% of any sentence of imprisonment prior to becoming eligible for consideration for parole. They are not eligible for earned credits or any other type of credits that have the effect of reducing the length of the sentence to less than 85% of the sentence imposed.

Sources: 63 OS § 2-41563 OS § 2-401, & 21 OS § 51.1

Current as of July 25, 2019.

Arrested for trafficking CDS in Oklahoma? Call Oklahoma drug trafficking attorney Frank Urbanic.

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