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:
- Knowingly distributes, manufactures, bring into Oklahoma, or possesses a controlled substance in the amount below;
- Possesses any controlled substance with the intent to manufacture a controlled substance in the amount below; or
- 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
|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
|Marijuana, Cocaine, Coca Leaves, Cocaine Base, Heroin, Amphetamine, & Meth||0-20 years||4 years - life||20 years - life|
|MDMA ≥ 30 tabs or 10 g.||0-20 years||0-20 years||0-20 years|
|MDMA ≥ 100 tabs or 10 g.||2 years - life||2 years - life||2 years - life|
|Morphine||0-20 years||0-20 years||0-20 years|
|Oxycodone||0-20 years||0-20 years||0-20 years|
|Hydrocodone||0-20 years||0-20 years||0-20 years|
|Benzodiazepine||0-20 years||0-20 years||0-20 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
Someone 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.