Drug Crimes Are Treated Seriously in Oklahoma
Whether you are traveling through or live in Oklahoma, it is important to know that drug crimes in Oklahoma are treated seriously and can result in severe penalties, including substantial fines and lengthy prison sentences. Oklahoma has had some of the most severe penalties for drug crime convictions in the nation. In most cases, drug crime penalties in Oklahoma are still severe. This article provides information on how Oklahoma charges and sentences drug crimes.
Types of Drug Crimes
Oklahoma law regarding simple possession continues to evolve. Simple possession of any controlled substance, meaning having a small amount of a controlled substance for personal use, has been considered a misdemeanor, punishable by up to a year in jail, a fine up to $1000, or both. (Okla. Stat. tit. 63 § 2-402.)
This was true no matter how many times a person was convicted. However, HB 2153, which went into effect in November 2023, changed that for controlled substances other than marijuana. Under this four-strikes law, the first conviction is still a misdemeanor. A second conviction within 10 years is still a misdemeanor but allows the judge to order you to drug assessment and substance abuse programs, including drug court and diversion for up to one year. During that year of probation, you must follow all terms of your probation or face additional punishment. A third violation within that 10-year period requires you to spend 30 days in county jail in addition to a probationary period of up to 3 years. A fourth violation within the 10-year period is charged as a felony.
Having a larger quantity of a controlled substance in your possession may be charged as possession with intent to sell or distribute or as trafficking, depending on the amount in your possession. Distribution involves the selling or distribution of controlled substances while trafficking involves larger quantities and carries harsher penalties than distribution. This often includes mandatory minimum sentences.
It is also against Oklahoma law to manufacture any controlled substance. Manufacturing includes producing or cultivating illegal drugs, such as methamphetamine production or marijuana cultivation.
Finally, possession, sale, or distribution of drug paraphernalia, such as pipes, needles, or other items used to consume or produce drugs is illegal in Oklahoma.
Controlled Substance Schedules
Oklahoma follows the federal classification system for controlled substances, dividing them into five schedules:
- Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD).
- Schedule II: High potential for abuse, restricted medical use (e.g., cocaine, methamphetamine).
- Schedule III: Moderate to low potential for physical and psychological dependence (e.g., anabolic steroids, codeine).
- Schedule IV: Low potential for abuse, accepted medical use (e.g., Xanax, Valium).
- Schedule V: Lower potential for abuse than Schedule IV, accepted medical use (e.g., cough preparations with less than 200 milligrams of codeine per 100 milliliters).
The classification of the type of controlled substances has an effect on the type of charges involved and on sentencing. Drug crimes involving Schedule I substances are treated more harshly in sentencing than are drug crimes involving Schedule V substances.
Penalties for Drug Crimes
The penalties for drug crimes in Oklahoma vary based on the type and quantity of the drug, as well as the nature of the offense and the number of prior convictions involved.
For example, on a charge for possession with intent to distribute, typically charged as a felony, a defendant could face years in prison and substantial fines, depending on the amount and type of drug. A first time possession with intent to distribute involving a schedule I or II drug (except for marijuana), you may be punishable by up to seven years in prison. A second conviction can involve up to fourteen years. Subsequent convictions heighten the penalty involved especially for large-scale operations. In contrast, a first conviction on a possession with intent to distribute a Schedule III, IV, or V substance may involve a prison sentence up to 5 years.
Trafficking carries severe penalties, including mandatory minimum sentences and potential life imprisonment. Fines can also be extremely high, sometimes in the tens of thousands of dollars. The amount of the substance involved can move the charge from possession with intent to distribute to trafficking, a much more serious offense.
Here are examples of the minimum weights or quantities of some illegal drugs needed to constitute drug trafficking charges.
- Marijuana: 25 lbs
- Cocaine: 28g
- Heroin: 10g
- Lysergic acid diethylamide (LSD): 1g
- Amphetamine or methamphetamine: 20g
- Phencyclidine (PCP): 20g
- Cocaine Base or “Crack”: 28g
- Fentanyl: 1g
- Morphine: 1,000g
- Oxycodone: 400g
- Hydrocodone: 3,750g
- Benzodiazepine: 500g
Manufacturing is also considered a felony with severe penalties, including long prison sentences and high fines. The penalties can be enhanced if manufacturing occurs near schools or other protected areas.
Enhancements and Aggravating Factors
Drug crime penalties can be increased depending on certain circumstances. These penalties are harsh and include life in prison. These are called enhancements and aggravating factors. Enhancements refer to conditions or circumstances that can increase the severity of the penalties for a drug crime. In Oklahoma, some of these enhancements in penalties can arise from:
Prior Convictions: If an individual has prior convictions for drug offenses, this can lead to enhanced sentences for subsequent offenses. Repeat offenders are often subject to longer prison terms and higher fines.
Proximity to Certain Locations: Committing a drug crime near schools, parks, public housing, or other designated drug-free zones can result in enhanced penalties. This is to protect vulnerable populations, especially children, from drug-related activities.
Amount of Drugs: The quantity of drugs involved in the crime can lead to enhanced penalties. Larger amounts typically result in more severe charges and longer sentences.
Type of Drug: The type of drug involved can also affect the severity of the charge and the corresponding penalties. For example, crimes involving Schedule I or II drugs (which are considered to have a high potential for abuse and no accepted medical use) are typically punished more harshly than those involving drugs classified under lower schedules.
In contrast, aggravating factors are specific circumstances that can make a drug crime more serious and lead to harsher penalties. Among these are:
Use of Weapons: If a drug crime involves the use or possession of a firearm or other dangerous weapon, this can be an aggravating factor that increases the severity of the penalties.
Involvement of Minors: If minors are involved in the drug crime, either as participants or as targets (e.g., selling drugs to minors), this can significantly increase the penalties.
Drug Trafficking: Engaging in drug trafficking, which involves the distribution or sale of large quantities of drugs, is considered more severe than simple possession or small-scale distribution.
Gang-Related Activity: Drug crimes committed as part of gang activity or in furtherance of gang operations can be subject to enhanced penalties.
Causing Harm or Death: If the drug crime results in harm or death to another person, this is a significant aggravating factor that can lead to much harsher penalties.
The legal consequences of drug crimes in Oklahoma can vary widely based on the factors mentioned above. These cases are complex and even small facts can make a big difference. If you or someone you know is facing felony or misdemeanor drug charges in Oklahoma, consulting with a knowledgeable Oklahoma felony defense attorney is crucial. Your attorney can help navigate the complexities of the legal system, potentially mitigate penalties, and provide guidance on the best course of action.
Strategy Session
If you would like an initial strategy session with an Oklahoma lawyer, call the Wirth Law Office at (918) 879-1681 (or toll-free at (888) Wirth-Law) or submit the question form at the top right of this page.
