Oklahoma laws were amended in 2018 to make possession of illegal drugs a less serious crime. However, you can still find yourself facing the more severe charge of drug trafficking in Muskogee even if you possessed drugs for personal use.
The amount of a given drug that you are found with determines whether you will face trafficking or possession charges. The preceding is to imply that law enforcement infers your intentions regarding a drug you are caught with from the quantity you have. A relatively small amount of illegal drugs can lead to a defendant facing drug trafficking charges.
Drug trafficking is a felony in Muskogee and carries harsh penalties if convicted. If drug trafficking charges are issued against you, talk to a Muskogee criminal defense lawyer as soon as you can. An experienced attorney can advise you on your legal options to better your chances of getting a more favorable outcome in your case.
What are Illegal Drugs in Muskogee?
Oklahoma classifies all controlled dangerous substances — including prescription medications — by schedules. The more addictive a substance and the riskier it is to use, the lower the number of the schedule it will be placed in.
For instance, Schedule I controlled substances have no accepted medical use in the United States or they lack adequate safety for use in treatment under medical supervision. They are also highly addictive. Okla. Stat. tit. 63 § 2-203
Schedule II substances have a relatively low addictive risk compared to Schedule I substances. Schedule II substances have accepted medical use in the United States, but are strictly controlled and only prescribed when the medicinal benefits they offer outweigh the risks. Okla. Stat. tit. 63 § 2-204 et seq.
Trafficking Schedule I substances attract the harshest penalties if convicted. Okla. Stat. tit. 63 § 2-204 et seq.
What Can Lead to a Drug Trafficking Charge in Muskogee?
Whether you will face trafficking or possession charges depends on the amount of a specific controlled dangerous substance. The law prohibits possession of not only a pure drug, but also a mixture that contains detectable amounts of a controlled dangerous substance. Here are the quantities of some controlled dangerous substances that lead to you facing drug trafficking charges in Muskogee, Oklahoma.
- Marijuana (Marihuana): 25 pounds
- Coca leaves or cocaine: 28 grams
- Amphetamine or methamphetamine: 20 grams
- LSD: 1 gram
- Phencyclidine (PCP): 20 grams
- Cocaine base: 5 grams
- Methylenedioxy methamphetamine: 30 tablets or 10 grams
- Morphine: 1 kilogram
- Oxycodone: 400 grams
Okla. Stat. tit. 63 § 2-415
Penalties for Drug Trafficking In Muskogee
Being convicted on drug trafficking charges carries hefty, staggering fines, and mandatory prison time. The minimum prison time, even for a first-time offender, is four years.
The punishments get more severe with subsequent convictions and with increasing amounts of the illegal substance you possess. You could face life in prison if caught with specific quantities of some controlled dangerous substance.
Here are examples of fines you could face for specific quantities of illegal drugs.
- Marijuana: $25,000 to $100,000 for 25 pounds; up to $500,000 for aggravated trafficking of 1,000 pounds or more.
- Heroin: as much as $50,000 for 10 grams; up to $500,000 for more than 28 grams.
- Cocaine: as much as $100,000 for 28 grams; up to $500,000 for more than 450 grams.
- PCP: as much as $50,000 for 20 grams; up to $250,000 for 15 grams or more.
- Methamphetamine: as much as $200,000 for 20 grams; up to $500,000 for 450 grams or more.
- LSD: as much as $100,000 for 1 gram; up to $250,000 for 10 grams or more.
The minimum prison time for aggravated trafficking is 15 years. This sentence is not eligible for deferred or suspended sentences or parole.
Also, the 85% rule applies to drug trafficking sentences. Hence, you must save at least 85% of your sentence before being eligible for parole. Therefore, you must serve at least 12.75 years in prison.
Get the Help You Need
If you are facing drug trafficking charges in Muskogee, do not let the gravity of the crime you face or the severity of the penalties scare you into talking too much to the police and other investigators. You have the right to have a legal expert stand up for you and protect you.
Discuss your crime only in the presence of your lawyer. What you say in the absence of your lawyer may implicate you and help the other side build a case against you. Get an experienced Muskogee criminal defense lawyer to represent you.
Free Consultation: Muskogee Criminal Defense Attorney
Only experienced criminal lawyers in Muskogee can work to build a strong defense for you. What may look like insignificant issues to an inexperienced attorney may, in the end, determine your case.
Details matter when piecing together the evidence for your defense. Our Muskogee attorneys will stand up for you against bogus criminal charges or negotiate a better outcome if you did indeed commit a crime. Call Muskogee Attorney today.
Talk to a criminal defense attorney at 918-884-7774 and get answers to questions. You may also schedule a free, confidential consultation.