Drugs are becoming legalized as time goes by. Even in Oklahoma, possession of small amounts of illegal drugs is only a misdemeanor as of July 1, 2017.
But what about large amounts of drugs?
Depending on how much contraband a person is caught with they could be charged with Drug Trafficking under Section 2-415 of Title 63. Trafficking can apply to the following substances: marijuana, cocaine, heroin, meth, LSD, PCP, cocaine base, MDMA, morphine, oxycodone, hydrocodone, and benzodiazepine. Whether a person is "trafficking" depends heavily on exactly how much they are caught with.
Some examples of how this shakes out:
(1) Carrying a joint is probably a misdemeanor
(2) Carrying 23 pounds of marijuana will likely result in a felony charge of possession of CDS with intent to Distribute
(3) Carrying 26 pounds will result in a trafficking charge
(4) Carrying 1,026 pounds will result in a charge of aggravated trafficking
Remember that each drug is different and different amounts result in different charges.
Trafficking is considered an 85% crime per 21 O.S. §13.1. This means that of whatever number of years a defendant is sentenced to serve, he must serve at least 85% of that time in custody before good behavior credits can be used for early release.
If you are charged in Oklahoma with Drug Trafficking you have a serious problem and you need serious help. The lawyers of Childers & Motsinger have a lot experience in defending all sorts of drug cases. Trafficking cases, in particular, often have tricky issues regarding wire-tapping and search warrants. Childers & Motsinger are experts in dealing with these complicated issues. Call today for more information (405) 901-9393.