Oklahoma’s CDS trafficking law underwent some major changes. There’s no longer a separate category for “cocaine base” (crack). Punishments were significantly reduced. Someone convicted of trafficking is now eligible for probation. Fentanyl was added to the list of drugs eligible for trafficking charges.
New Drug Trafficking Fine Matrix
|Drug||Quantity||Minimum Fine||Maximum Fine|
|≥ 25 lbs.||$25,000||$100,000|
|≥ 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|
|≥ 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|
|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|
The fines all remained the same. Cocaine base was put in the category of cocaine and coca leaves. Fentanyl was added to the list.
New Drug Trafficking Prison Sentence Matrix
|Drug||First Violation||Second Violation||Third & Subsequent Violation|
|Marijuana, Cocaine, Coca Leaves, Cocaine Base, Heroin, Amphetamine, & Meth||0-20 years||4 years – life||20 years – life & must serve at least 50% of the sentence before being eligible for parole|
|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||0-14 years||0-21 years||20 years – life|
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. If someone is convicted of aggravated trafficking, they must serve 85% of their sentence before they’re eligible for parole consideration.
Note that there’s no prison term listed for LSD and PCP. That’s because the new statute isn’t clear what the prison term for LSD and PCP is. Fentanlyl was added in a separate bill, which only added fentanyl to the list. That’s why the punishment range for fentanyl differs so greatly from the punishment ranges of the other drugs. To calculate the punishment range for fentanyl, you have to look at the old statute to figure out how the number is to be calculated then look at the possession with intent to distribute statute to figure out the starting point for the numbers. That’s pretty confusing, so I expect that to be fixed along with the LSD/PCP prison term discrepancy in the next session.
The prison terms for all drugs (except fentanyl) are much more simple than the prison terms in the old statute. For most drugs, there’s now no difference in punishment based on how many trafficking violations a defendant has ever been charged with. And now, there’s no enhancement based on previous felony convictions for a violation of the Uniform Controlled Dangerous Substances Act (except for fentanyl).
Trafficking Charges Now Eligible for Probation
A huge change is that someone charged with trafficking is now eligible for probation. Previously, prison was mandatory with a trafficking charge, and no part of the sentence could be suspended. In order for someone charged with trafficking to get probation, the prosecutor would have to agree to amend the charge to possession with intent to distribute. There are differing opinions on whether someone charged with trafficking is eligible for a deferred sentence. I believe trafficking charges are eligible for deferred sentences, but some prosecutors do not. The changes in this law are so massive that it will take some time before everyone works the kinks out.
SB 1078 and SB 793 amended 63 O.S. § 2-415. They went into effect on November 1, 2018.