Drug Distribution and Trafficking: More Serious than Possession
In Oklahoma, a conviction of drug distribution, trafficking, or manufacturing is much more serious than possession of drugs because of the harsher sentences imposed. As discussed in a previous blog, possession of many common drugs carries a 5-year sentence for a first offense with a fine of $5,000. Subsequent convictions lead to longer sentences and larger fines, up to 15 years in prison and $10,000. 63 O.S. 2-402(B)(1).
In contrast, distribution of Schedule I or II narcotics is a felony and carries sentences ranging from 5 years to life in prison and a $100,000 fine. These penalties also apply to anyone possesses these narcotics with intent to distribute or manufacture them. 63 O.S. 2-401(B)(1). Distribution or possession with intent of synthetic controlled substances is a felony and carries a sentence of up to life in prison and a $25,000 fine, and distribution or possession with intent of other controlled dangerous substances (CDS) carries a sentence of 2 years to life in prison and a $20,000 fine. 63 O.S. 2-401(C)(1), 2-401(B)(1). The longer sentence and larger fine for distribution and for possession with intent reflect the legislature’s view that merely possessing a drug is less serious than distributing it to other people or having it in your possession with the intent to distribute it or manufacture more.
Even more serious is the crime of aggravated manufacturing of a CDS. The court must find that someone manufactured a specific amount of a drug to be found guilty of this offense. For example, manufacturing 1 kilogram of heroin or 5 kilograms of cocaine will satisfy the requirements. People who are convicted will face 20 years to life in prison and a fine of $50,000. In addition, they must serve 85% of their sentence to become eligible for parole. 63 O.S. 2-401(G)(3).
Drug trafficking offenses carry enhanced penalties. These offenses are charged when someone knowingly distributes, manufactures, brings into Oklahoma, or possesses one of a specific list of controlled substances in very large quantities. Sentences range from twice the sentence usually imposed for a lesser crime such as distribution to up to three times the sentence for repeat offenders. 63 O.S. 2-415.
Finally, there are many other sentence enhancements for drug crimes. For example, using a minor (person under 18 years old) to distribute, dispense, or transport CDS with intent doubles both the jail sentence and the fine imposed. 63 O.S. 2-401(E).
If you are facing drug-related criminal charges, seek out an attorney who knows the Oklahoma criminal law system inside and out. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience to defend people accused of drug crimes, has the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.