Trafficking CDS Definition in Oklahoma
Drug trafficking in Oklahoma is also referred to as trafficking of CDS or trafficking of a controlled dangerous substance. The primary factor in determining trafficking of illegal drugs is the quantity of the drug. The following tables shows the quantities that constitute trafficking and the amount of fine and range of prison sentence.
Drug trafficking in Oklahoma occurs when someone:
- Knowingly distributes, manufactures, bring into Oklahoma, or possesses a controlled substance in the amount below;
- Possesses any controlled substance with the intent to manufacture a controlled substance in the amount below; or
- Uses or solicits the use of services of a person less than 18 to distribute or manufacture a controlled dangerous substance in the amount below.
Separate types of any of the controlled substances listed below when possessed at the same time in violation of Oklahoma’s drug trafficking law constitutes a separate offense for each substance.
Anyone who commits the any of the above actions and represents the quantity of the controlled substance to be an amount specified below will be punished as though the person had the amount they represented, regardless of the actual amount.
Punishment For Drug Trafficking in Oklahoma
Fines
| Drug | Amount | Fine |
|---|---|---|
| Marijuana | ≥ 25 lbs. | $25,000-$100,000 |
| Marijuana Aggravated | ≥ 1,000 lbs. | $100,000-$500,000 |
| Cocaine, coca leaves, or cocaine base | ≥ 28 g. | $25,000-$100,000 |
| ≥ 300 g. | $100,000-$500,000 | |
| Cocaine, coca leaves, or cocaine base Aggravated | ≥ 450 g. | $100,000-$500,000 |
| Heroin | ≥ 10 g. | $25,000-$50,000 |
| ≥ 28 g. | $50,000-$500,000 | |
| Amphetamine or Meth | ≥ 20 g. | $25,000-$200,000 |
| ≥ 200 g. | $50,000-$500,000 | |
| Amphetamine or Meth Aggravated | ≥ 450 g. | $50,000-$500,000 |
| LSD | ≥ 1 g. | $50,000-$100,000 |
| ≥ 10 g. | $100,000-$250,000 | |
| PCP | ≥ 20 g. | $20,000-$50,000 |
| ≥ 150 g. | $50,000-$250,000 | |
| MDMA (Ecstasy) | ≥ 30 tabs or 10 g. | $25,000-$100,000 |
| ≥ 100 tabs or 10 g. | $100,000-$500,000 | |
| Morphine | ≥ 1000 g. | $100,000-$500,000 |
| Oxycodone | ≥ 400 g. | $100,000-$500,000 |
| Hydrocodone | ≥ 3,750 g. | $100,000-$500,000 |
| Benzodiazepines | ≥ 500 g. | $100,000-$500,000 |
| Fentanyl & its analogues & derivatives | ≥ 1 g. | $100,000-$500,000 |
Prison Sentence Ranges
| Drug | 1st | 2nd | 3rd+ |
|---|---|---|---|
| Marijuana, Cocaine, Coca Leaves, Cocaine Base, Heroin, Amphetamine, & Meth | 0-20 years | 4 years - life | 20 years - life |
| LSD | ? | ? | ? |
| PCP | ? | ? | ? |
| MDMA ≥ 30 tabs or 10 g. | 0-20 years | 0-20 years | 0-20 years |
| MDMA ≥ 100 tabs or 10 g. | 2 years - life | 2 years - life | 2 years - life |
| Morphine | 0-20 years | 0-20 years | 0-20 years |
| Oxycodone | 0-20 years | 0-20 years | 0-20 years |
| Hydrocodone | 0-20 years | 0-20 years | 0-20 years |
| Benzodiazepine | 0-20 years | 0-20 years | 0-20 years |
| Fentanyl & its analogues & derivatives | ? | ? | ? |
Note that there’s no prison term listed for LSD, PCP, and fentanyl. The statute doesn’t state a prison term for those drugs.
Trafficking Sentences in Oklahoma
Someone convicted of trafficking is not eligible for earned credits or any other type of credits that would reduce the length of their sentence to less than 50% of the sentence imposed. Anyone convicted of trafficking marijuana, cocaine, coca leaves, cocaine base, heroin, amphetamine, or methamphetamine for a second or subsequent time must serve at least 50% of the sentence before being eligible for parole.
Trafficking is now eligible for probation. Previously, prison was mandatory with a trafficking charge, and no part of the sentence could be suspended. There are differing opinions on whether someone charged with trafficking is eligible for a deferred sentence. I believe trafficking charges are currently eligible for deferred sentences, but some prosecutors don’t.
Aggravated Trafficking in Oklahoma
Aggravated trafficking is a violent crime and an 85% crime. Certain crimes are referred to as 85% crimes because people convicted of these offenses are required to serve no less than 85% of any sentence of imprisonment prior to becoming eligible for consideration for parole. They are not eligible for earned credits or any other type of credits that have the effect of reducing the length of the sentence to less than 85% of the sentence imposed.
Conspiracy to Commit a Drug Offense
Another crime that’s frequently charged along with a trafficking charge is “conspiracy to commit a drug crime.” However, it can also be applied to any crime involving CDS.
Conspiracy is defined as:
- an agreement by two or more people;
- to commit a crime;
- the defendants were parties to the agreement at the time it was made or they knowingly became parties to the agreement at some time after it was made; and
- there was an overt act by one or more of the parties performed subsequent to the formation of the agreement.
An overt act is any act performed by any member of the conspiracy that is done for the purpose of furthering or carrying out the ultimate intent of the agreement, or which would naturally accomplish the object of the conspiracy. A “conspirator” is someone who enters into an unlawful agreement between two or more persons in order to accomplish some unlawful purpose, or to accomplish some lawful purpose by unlawful means.
The reason this comes up so much in drug cases is because more than one person is typically involved in the distribution of drugs. If an officer stops a car with more than one person in the car and the car has a significant amount of drugs, then chances are high that everybody in the car will be charged with conspiracy to distribute/traffic. The theory is that everyone in the car was aware of and participating in the illegal activity.
This is a very easy statute to charge people with, so prosecutors really like it. One reason it’s so easy is because the actions of one conspirator will be attributed to the actions of all conspirators. When a conspiracy is entered into to do an unlawful act, the conspirators are responsible for all that is said and done in furtherance of the conspiracy by their co-conspirators. If two or more people conspire to commit a crime, each is criminally responsible for the acts of his or her co-conspirators in furtherance of the conspiracy, or where the connection between the acts and the conspiracy is reasonably apparent.
It’s possible for someone who never even entered Oklahoma to be charged with conspiracy. Oklahoma law allows someone to be charged in Oklahoma if the crime they committed ended in Oklahoma. What if the only crime that ended in Oklahoma was one conspirator getting caught with a trafficking-amount of drugs? Then all conspirators can be charged in Oklahoma with trafficking–despite having never been caught with drugs nor setting foot in Oklahoma.
The penalty for violating this statute is the penalty for the offense you supposedly conspired with another to commit. Per Department of Corrections policy, this also includes rules regarding earned credits based on the type of crime it is.
Sources: 63 OS § 2-415, 63 OS § 2-401, 21 OS § 51.1, 63 OS § 2-408, OUJI-CR 2-22, OUJI-CR 2-19A, OUJI-CR 2-18, & OUJI-CR 2-17
Current as of April 1, 2020.