A drug trafficking charge in Oklahoma can turn your world upside down, and a conviction could mean serious prison time and hefty fines. Drug trafficking laws in Oklahoma are strict, and prosecutors can push for harsh penalties. For first-time drug trafficking offenders in Oklahoma, one of the most important steps is hiring a skilled criminal defense attorney as soon as possible. Understanding what you’re up against can also help you make informed decisions about your case.
What Is Drug Trafficking?
In Oklahoma, drug trafficking means knowingly distributing, manufacturing, bringing into the state, or possessing a controlled substance in certain amounts. If law enforcement catches you with a large quantity of drugs, the state assumes you’re selling them, even if no actual sale took place. That’s when simple possession turns into trafficking. If the amount of drugs is exceptionally high, the charge escalates to aggravated trafficking, which comes with even harsher penalties.
Drug Trafficking in Oklahoma: Elements of the Case
To convict you of drug trafficking, the state must prove three things: the substance in question is a controlled dangerous substance, the amount meets the legal threshold for trafficking, and you knowingly possessed the drugs. The burden of proof is on the prosecution, meaning they must show clear and convincing evidence that you committed the crime.
Drugs Considered Controlled Substances
All illegal drugs and many legal ones are considered controlled dangerous substances. Oklahoma’s Trafficking in Illegal Drugs Act applies to:
- Marijuana
- Cocaine or “cocaine base” (crack cocaine)
- Heroin
- Amphetamine or methamphetamine
- Lysergic acid diethylamide (LSD)
- Phencyclidine (PCP)
- MDMA (Ecstasy)
- Morphine
- Oxycodone
- Hydrocodone
- Benzodiazepine
- Fentanyl and its analogs and derivatives
Amounts Considered Trafficking
Oklahoma law sets specific weight and quantity limits that determine whether a case qualifies as drug trafficking. So what are the amounts that can get you charged with trafficking over simple possession?
- 25 pounds of marijuana
- 28 grams of cocaine
- 10 grams of heroin
- 1 gram of fentanyl
- 20 grams of amphetamines
- 30 tablets or 10 grams of MDMA
Determining Possession
Unlike distribution of a controlled substance or possession with intent to distribute, the state does not need to prove that you actually distributed the drug or intended to distribute it. They also don’t need to prove that a sale was made, money was exchanged, or another person actually took the drugs. For a trafficking charge, they only need to prove that you were in possession of an amount of drugs that meets the threshold for this charge.
What does possession mean? There are two types: Actual possession means the drugs were found directly on you—like in your pocket or backpack. Constructive possession means they were in a location you control, such as your car or home. However, simply being near drugs is not enough for a conviction. Prosecutors must also prove that you knew the drugs were there and had access to them.
Penalties for First-Time Drug Trafficking in Oklahoma
If you’re facing a first-time drug trafficking charge in Oklahoma, you might be wondering how serious the penalties are. The truth is, even a first offense can carry severe consequences, including prison time and large fines.
A first-time trafficking conviction can result in up to 20 years in prison. You also won’t be able to earn credits that reduce your sentence by more than 50%. That means if you’re sentenced to 10 years, you must serve at least 5 years before you can even be considered for parole or credits that reduce your sentence.
In addition to prison time, first-time offenders face steep fines, which vary depending on the type of drug:
- Marijuana, cocaine, crack cocaine, MDMA (Ecstasy): Minimum $25,000, up to $100,000
- Heroin: Minimum $25,000, up to $50,000
- Oxycodone, hydrocodone, morphine, benzodiazepines: Minimum $100,000, up to $500,000
- Fentanyl: Minimum $100,000, up to $250,000
- Methamphetamine: Minimum $25,000, up to $200,000
The costs don’t stop at fines. Oklahoma law allows the state to seize property and money connected to drug trafficking, meaning you could lose vehicles, equipment, cash, and real estate. Plus, you’ll have to pay court costs plus the cost of an attorney.
What Really Happens to First-Time Drug Trafficking Offenders in Oklahoma?
Unlike second and third drug trafficking offenses, there is no minimum jail time for first-time drug trafficking offenders in Oklahoma. That means you won’t necessarily go to jail. Whether you serve jail time and how much depends on a few things:
- The more drugs involved, the harsher the potential sentence. Smaller amounts closer to the trafficking threshold may lead to a reduced sentence or probation.
- If the drugs were sold near a school, to a minor, or to a vulnerable person, the penalties become much more severe.
- If someone was injured, overdosed, or died as a result of the drugs, prosecutors will push for a harsher sentence.
- If this is your first offense and you have no criminal record, your attorney may be able to negotiate a lighter sentence, probation, or a plea deal.
These same factors also influence the fines you’ll have to pay. A higher volume of drugs or more serious circumstances can result in steeper financial penalties.
What to Do After a First-Time Drug Trafficking Offense
Being arrested for drug trafficking is overwhelming, but what you do next can have a big impact on your case. From the moment of your arrest, every decision matters. Taking the right steps can help protect your rights and improve your chances of a better outcome.
Don’t Talk to the Police
Police officers only have to read you your Miranda rights if you’re in custody after being detained or arrested. If you haven’t been officially arrested and the officer uses wording like “you’re free to go at any time,” they probably won’t read your Miranda rights. In either situation, you don’t have to talk to the police, and we always recommend not doing so. If you haven’t been detained or arrested, you can simply leave—if you have, you’ll want an attorney.
Hire an Attorney
If you have been detained or arrested, you have the right to an attorney. Tell the officers, “I’m choosing to remain silent and would like to speak to an attorney.” Then call an experienced drug defense attorney. Don’t answer any questions until your attorney gets there, then follow their guidance. The sooner you get legal representation, the better your chances of fighting the charges, reducing the penalties, or even getting the case dismissed.
Remember the Details
The details of your arrest and the events leading up to it are extremely important. Your defense may depend on whether the police followed proper procedures. Some key questions your attorney might ask are:
- Were you pulled over without probable cause? For example, if police stopped your car for no clear reason and then found drugs, your attorney may be able to challenge the stop.
- Were you searched unlawfully? If officers searched your car, home, or person without a valid warrant, consent, or legal justification, evidence could be thrown out.
- Were the drugs actually yours? If you were in a house or vehicle with other people, prosecutors must prove that the drugs belonged to you—not just that you were nearby.
It’s also important to be upfront with your attorney about your criminal history and the circumstances of the case. This information can help them negotiate a plea deal, which could result in a lesser charge like simple possession or even an alternative sentence such as probation or a drug treatment program.
The Bottom Line
A first-time drug trafficking offense in Oklahoma is serious, but it doesn’t mean your fate is sealed. The most important step you can take is to protect yourself by staying silent, hiring an experienced attorney, and remembering key details about your arrest. With the right legal strategy, you may be able to fight the charges or negotiate a better outcome.
At the Khalaf Law Firm, we understand how high the stakes are, and we’re here to help. Contact us today for a free case evaluation to discuss your legal options and start building your defense.