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The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

In Oklahoma, the Trafficking in Illegal Drugs Act prohibits drug crimes involving large amounts of controlled substances. Sentencing requirements for people convicted of drug trafficking have changed in recent years, but Oklahoma still has one of the strictest sets of drug laws in the country. Oklahoma law criminalizes possessing, distributing, manufacturing, or transporting into the state certain quantities of various different controlled dangerous substances. Further, the Trafficking in Illegal Drugs Act also prohibits (1) possessing CDS with the intent to manufacture drugs in large quantities and (2) using or soliciting services of a minor to distribute or manufacture a CDS. All...

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What Are “Aggravated” Drug Crimes in Oklahoma?

What Are Aggravated Drug Crimes in Oklahoma?

If you have been charged with a drug crime in Oklahoma, you need to understand the charges against you. This could be complicated depending on what crimes you have been charged with, because the state’s drug crime laws are not written in plain language. One word that criminal defendants may puzzle at is the term “aggravated” drug crime. Oklahoma drug crime law has tiered sentences and fines as crimes become more “serious” in the eyes of the law. A first offense for marijuana possession is a misdemeanor. In contrast, a first offense for possession of cocaine is a felony. Second and...

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Can You Commit a Drug Crime Just by Using the Telephone?

Can You Commit a Drug Crime Just by Using the Telephone?

Using a telephone to commit certain felonies could net you another felony conviction in Oklahoma. This state law follows similar federal law focusing on use of communications devices in facilitating or committing crimes. Under the law, it is a felony to willfully use any “communication facility” in committing any act that is one of several felonies. 13 O.S. § 176.3(8). The felonies include distributing, manufacturing, cultivating, or trafficking drugs, including any conspiracy to do so. 13 O.S. § 176.7. Using a communication facility to cause or facilitate the commission of these felonies is also prohibited. Communication facilities include telephone, mail, wire,...

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Are Head Shops Illegal in Oklahoma?

Are Head Shops Illegal in Oklahoma?

Head shops are stores that sell rolling papers, smoking accessories, and what police might call “drug paraphernalia”, along with tobacco and other legal products. Law enforcement in Oklahoma have cracked down on head shops over the past few years, claiming that they sell items used to take drugs. For instance, a market that sold glass pipes has been repeatedly targeted for arrests and civil asset forfeiture. Oklahoma law defines drug paraphernalia as “all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,...

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