Oklahoma Drug Charges

Oklahoma drug crimes and how they are charged has underdone many changes. Drug crimes across the State are the primary target of criminal reform. The so called “War on Drugs” is over and a truce has been put in place.  As part of the reform many former felony crimes are now classified as misdemeanors. Even in the case of multiple convictions, the former conviction doesn’t enhance the subsequent charge. But, amid all the changes beware. Prosecutors still go to the ends of the Earth trying to enhance a misdemeanor drug charge to a felony. Tricks like enhancing the simple possession to intent to distribute or even drug trafficking are common. Another tactic used is filing the charge as a prescription drug charge crime. Being convicted of drug possession or trafficking in Tulsa can result in severe criminal penalties. Not only will you be subjected to paying high fines, but you can possibly be incarcerated.

Oklahoma Drug Crimes Overview

Our Tulsa drug charge lawyers provide legal representation for the following drug crimes:

1. The drug possession of the following controlled substances:
   1. Marijuana (Without a Marijuana Card)
   2. Heroine
   3. Methamphetamine
   4. Cocaine
   5. Oxycontin
2. Narcotics trafficking
3. Illegal growth and cultivation of marijuana
4. Manufacturing of methamphetamine
5. Sale of drug paraphernalia
6. Possession with the intent to distribute

The type of drug related charge the accused will receive will depend on the type of controlled substance that was in his/her possession at the time of the arrest, and whether he/she intended to to sell or distribute the substance.

Simple Possession of Schedule I or II Controlled Substance

Possession of a Schedule I or Schedule II substance will result in being charged with a Misdemeanor. Schedule I substances include heroin, LSD, ecstasy, and any other banned psychedelic drug. Schedule II substances include cocaine, hydrocodone, oxycodone, and PCP. Marijuana, even though it is classified as a Schedule I drug, its possession is prosecuted as a misdemeanor for a first time offender. Schedule III, IV, and V drugs are also prosecuted as misdemeanors.

If the accused is convicted of possessing a Schedule I or II controlled substance, he/she could face up to 1 year in Jail and pay a fine up-to $1000.

Hiring a skilled criminal defense attorney can help you challenge the two main elements of possession; actual or constructive possession. An attorney will also enforce the requirement that the prosecution must prove beyond a reasonable doubt your guilt in order to obtain a conviction against you.

Oklahoma Drug Trafficking

Being charged with drug trafficking or with possession with intent depends on the quantity of drugs the accused allegedly had within his/her vicinity at or near the time of the arrest. The following quantity types of controlled substance can trigger a trafficking charge:

1. 25 pounds of marijuana
2. 20 grams of methamphetamine
3. 28 grams of cocaine
4. 28 grams of PCP
5. 10 grams of heroin
6. 50 doses of LSD
7. 30 tabs of ecstasy

A first offense for drug trafficking a Schedule I or II drug in Tulsa is a felony carries a sentence of 4 – 10 years in prison and is also punishable by a fine up to $500,000. A second offense carries a minimum of 12 – 30 years and $150,000 in fines. .

Common Defenses to Drug Crimes

If retained, our attorneys will examine police reports and supporting evidence to determine the appropriate defense to utilize in support of your innocence:

1. Illegal search and seizure
2. Witness credibility challenges
3. Motion for summary judgment due to insignificant evidence
4. Lack of possession
5. Tampered crime lab analysis
6. Drug(s) belonged to someone else
7. Entrapment

Hire Our Tulsa Drug Charge Lawyers

We invite you to contact our drug trafficking attorneys to discuss your case in detail. Once you retain us, we will review the police report and start gathering evidence to support your claims and rebut the prosecution’s challenges. Having a drug conviction on your criminal record can impact your professional and personal life  Your driver’s license may also be suspended or completely revoked. Call us for a consultation.