Drug trafficking in Oklahoma City is one of the most serious criminal offenses in Oklahoma. Even a first-time offense can result in lengthy prison sentences, massive fines, and permanent damage to your criminal record. Understanding how Oklahoma law treats drug trafficking charges is essential if you or someone you love is facing prosecution.
What Is Drug Trafficking in Oklahoma City?
Under Oklahoma law (21 O.S. § 2-415), drug trafficking occurs when a person possesses a certain weight or quantity of a controlled substance, regardless of whether the drugs were being sold or distributed. Intent to sell is not required—the weight alone can trigger trafficking charges.
First-Time Drug Trafficking Penalties Depend on The Drug
Here are the penalties for first-time trafficking of common drugs in Oklahoma:
| Substance | Minimum Quantity (Trafficking) | Prison Sentence | Fine |
|---|---|---|---|
| Marijuana | 25 pounds | 4 years to life | $25,000 – $100,000 |
| Cocaine | 28 grams | 4 years to life | $50,000 – $200,000 |
| Methamphetamine | 20 grams | 4 years to life | $50,000 – $200,000 |
| Heroin | 10 grams | 5 years to life | $50,000 – $500,000 |
| Fentanyl | 1 gram | 4 years to life | $100,000 – $500,000 |
| LSD | 1 gram or 50 dosage units | 4 years to life | $50,000 – $100,000 |
| MDMA (Ecstasy) | 10 grams or 30 tablets | 4 years to life | $25,000 – $100,000 |
Important Note To Consider: These penalties apply even for first-time offenders. There is no leniency built into the statute based solely on a clean criminal record.
Does the 85% Rule Apply to Trafficking Charges?
Yes. Many trafficking convictions are considered violent offenses under Oklahoma law, and the “85% Rule” may apply. This means you must serve at least 85% of your sentence before becoming eligible for parole.
What About Aggravated Trafficking? How Bad Is It?
If you’re caught with larger quantities, the charge may be elevated to aggravated drug trafficking, which carries even harsher penalties:
- Mandatory minimums increase
- Higher fines (up to $500,000)
- No eligibility for probation, suspended sentences, or parole until mandatory minimums are served
Possible Defenses to First-Time Drug Trafficking Charges
While the penalties are severe, there are several potential defenses and strategies:
1. Illegal Search or Seizure
If law enforcement found the drugs through an unlawful stop, search, or warrant, your attorney may file a motion to suppress the evidence. An example of this is a search where there was no warrant or any reasonable suspicion that a crime was committed and that you committed the crime.
2. Challenging the Drug Weight
If the total weight includes packaging or non-drug material, it may fall below the trafficking threshold and could be reduced to possession or possession with intent.
3. Lack of Knowledge or Control
If the drugs were found in a shared space (car, apartment, luggage), and you did not know they were there, you may have a defense.
4. Substance Misidentification
In some cases, substances are misidentified or contaminated. A second lab test could disprove the initial charge.
First-Time Offenders May Qualify for Leniency
Although Oklahoma law is strict, judges and prosecutors may consider alternative outcomes for first-time, non-violent offenders, such as:
- Deferred sentences
- Drug court
- Charge reductions through plea negotiations
- And consider the possibility of an expungement down the road if you qualify
Having a skilled criminal defense attorney can make all the difference.
Drug Trafficking in Oklahoma City, We Can Help
If you’ve been charged with drug trafficking—especially for the first time—you need aggressive legal representation. At Kania Law OKC Attorneys, we fight to protect your freedom, challenge unlawful searches, and negotiate to reduce or dismiss charges where possible. For a free consultation with a drug trafficking attorney in Oklahoma City, call 405-367-8710. Or you can follow this link to ask a free online legal question.
