The majority of drug crimes in Oklahoma are prosecuted as felonies, but even those generally prosecuted as misdemeanors, such as marijuana possession, are quickly elevated to felony status when the arresting officers find evidence of the intent to distribute the drug.
In some states, the defining line between simple possession and possession with intent to distribute is found in the quantity of the drug involved. However, in Oklahoma, the offense is not “possession for sale,” but possession with intent to distribute. This means that if an officer has cause to believe that you intended to sell, give away, or even share a drug, he or she can arrest you for the more serious distribution charge.
If you have been charged with drug possession with intent to distribute, you need a skillful drug crime defense lawyer who can challenge evidence indicating that you planned to sell the drugs or share them with another person. At Law Firm of Oklahoma, our successful record shows that we have helped countless Oklahomans fight drug possession and distribution charges, with many of our cases ending in dismissal or acquittal.
Oklahoma’s drug distribution laws are found in 63 O.S. § 2-401, and these statutes specifically forbid the sale or distribution of any controlled substance except by a person authorized under the Uniform Controlled Dangerous Substances Act.
According to the statute, it is illegal for an unauthorized person to commit any of the following acts:
Intent to distribute is not determined by the quantity of the drug or CDS involved; rather, it is determined by other evidence, including but not limited to:
Remember, the crime in Oklahoma is not possession with intent to sell, but rather the much broader possession with intent to distribute. This means that if a person arrested for possession of marijuana admits to police that he or she was planning to smoke a joint with friends, the suspect could be charged with a felony carrying a minimum two year prison sentence rather than a misdemeanor with a maximum of one year in jail.
Even as a first offense, possession with intent to distribute marijuana or other CDS is a felony with a mandatory minimum sentence of 2 years in prison and a fine of up to $20,000. If the drug involved is a Schedule I or II narcotic, LSD, or GHB, the minimum sentence is 5 years in prison and a fine of up to $100,000. In both cases, the maximum sentence is life in prison.
If you are arrested for drug possession or possession with intent to distribute, it is imperative that you assert your right to silence and your 5th Amendment right to avoid self incrimination. Do not talk to police about your case, do not consent to a search, and contact an attorney as quickly as possible. By preserving your rights, you allow your defense lawyer to challenge any evidence that may have been gained illegally. Such inadmissible evidence could lead to a dismissal of your case.
In Oklahoma, the ramifications of felony drug conviction are some of the most severe in the nation. Mandatory minimums, lengthy prison terms, extended probation and parole, heavy fines, mandatory drug testing and treatment, suspension of driver’s license, and loss of firearm rights are but a few of the consequences of felony conviction.
Finding an experienced and qualified defense lawyer is vital to your success. Our attorneys handle each case with the utmost care and professionalism, diligently examining all witnesses and evidence, negotiating alternative sentencing through drug court or drug diversion programs, and challenging evidence through independent drug testing and the exposure of illegal search and seizure.
If you are suspected of intending to distribute a CDS, you can be certain that prosecutors will come at you with everything they have. Find a lawyer who is prepared to battle and who is not intimidated by the state’s attorneys. Call (405) 608-4990 today to schedule a free consultation, or submit our confidential online case review form for more information.