Trafficking in Fentanyl has become one of the most serious public health and criminal justice issues in Tulsa and across the United States. Because of its potency and widespread misuse, Oklahoma law treats fentanyl trafficking as one of the most serious drug crimes. If you or a loved one is facing a trafficking charge, it is critical to understand how the law defines the crime, the potential penalties, and what defenses may be available.
What Is Fentanyl?
Fentanyl is a synthetic opioid that is 50 to 100 times stronger than morphine. It has limited medical use for treating severe pain, but much of the fentanyl involved in criminal cases is illegally manufactured. Even a few milligrams—about the size of a grain of salt—can be lethal. Because of its potency, Oklahoma prosecutors and courts view fentanyl-related offenses as extremely dangerous to the community.
Trafficking in Fentanyl: How Oklahoma Defines Trafficking
Under Oklahoma Statutes, Title 63 § 2-415, drug trafficking is defined by the amount of the controlled substance involved, regardless of whether the defendant intended to sell it. For fentanyl, the threshold is much lower than other drugs because of its strength.
A person can be charged with trafficking in fentanyl if they are found in possession of:
- 1 gram or more of fentanyl, fentanyl analogs, or a mixture containing fentanyl
This means that even what may look like a small quantity of the drug can lead to trafficking charges in Oklahoma.
Penalties for Trafficking in Fentanyl
Trafficking is a felony in Oklahoma, and the penalties are severe. Depending on the amount, penalties may include:
- 1 gram to less than 4 grams: At least 4 years in prison and up to a life sentence. Fines can reach $100,000.
- 4 grams to less than 14 grams: At least 8 years in prison and up to a life sentence. Fines can reach $500,000.
- 14 grams or more: At least 15 years in prison and up to a life sentence. Fines can reach $500,000 or more.
In addition, Oklahoma law makes trafficking ineligible for suspended sentences or probation in most cases. That means a conviction almost always results in mandatory prison time.
Common Defenses to Trafficking Charges
Every case is unique, but some defenses may include:
- Challenging the amount of fentanyl: Lab testing errors, cross-contamination, or improper weighing can sometimes inflate the alleged quantity.
- Illegal search and seizure: If law enforcement violated your constitutional rights during a search, evidence may be excluded.
- Lack of knowledge: Prosecutors must prove you knew the substance was fentanyl or a controlled drug.
- Chain of custody issues: If the State cannot show the seized drugs were handled properly, evidence could be challenged.
Because fentanyl trafficking charges carry life-altering consequences, mounting a strong defense is essential.
Why These Charges Are So Serious
Oklahoma and prosecutors in Tulsa treat fentanyl trafficking harshly because of the drug’s role in overdose deaths. Even possession of small amounts is enough to trigger the trafficking statute, unlike other drugs, where higher weights are required. This makes it especially important for anyone charged with a fentanyl offense to seek skilled legal representation right away.
Trafficking Attorneys in Tulsa
Being charged with trafficking in fentanyl in Oklahoma is one of the most serious drug crimes under state law. Even a gram can expose you to years—or even decades—in prison. However, an experienced Tulsa criminal defense attorney can investigate the facts, challenge the prosecution’s case, and protect your rights at every stage. For a Free consultation with Tulsa Criminal Lawyers Law Firm, call today 918-416-0358. Or you can follow this link to ask a free online legal question.