Conspiracy to commit a drug offense is covered in 63 OS § 2-408. Conspiracy is defined in OUJI-CR 2-17 as 1) an agreement by two or more persons; 2) to commit a crime; 3) the defendants were parties to the agreement at the time it was made or they knowingly became parties to the agreement at some time after it was made; and 4) there was an overt act by one or more of the parties performed subsequent to the formation of the agreement.
The reason this comes up so much in drug cases is because more than one person is typically involved in the distribution of drugs. If an officer stops a car with more than one person in the car and the car has a significant amount of drugs, then chances are high that everybody in the car will be charged with conspiracy to distribute/traffic. The theory is that everyone in the car was aware of and participating in the illegal activity. The penalty for violating this statute is the penalty for the offense you supposedly conspired with another to commit.
Current as of 6/15/2019.