Drug Trafficking Law Changes – 2018 Oklahoma Laws #5

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

DrugQuantityMinimum FineMaximum Fine
Marijuana

Aggravated

≥ 25 lbs.$25,000$100,000
≥ 1,000 lbs.$100,000$500,000
Cocaine, coca leaves, or cocaine base

 

Aggravated

≥ 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

 

Aggravated

≥ 20 g.$25,000$200,000
≥ 200 g.$50,000$500,000
≥ 450$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

DrugFirst ViolationSecond ViolationThird & Subsequent Violation
Marijuana, Cocaine, Coca Leaves, Cocaine Base, Heroin, Amphetamine, & Meth0-20 years4 years – life20 years – life & must serve at least 50% of the sentence before being eligible for parole
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 & derivatives0-14 years0-21 years20 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.

trafficking cds oklahoma

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.

Sources: SB 1078, SB 793, 63 O.S. § 2-415, 63 O.S. § 2-410, & 63 O.S. § 2-401

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

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405-633-3420