Drug use and possession is a common problem in the United States today, and Oklahoma is no exception. There are stiff penalties for those found guilty of possession of controlled drug with intent to distribute in Tulsa.
The penalties for trafficking drugs get worse for different substances depending on the increasing risk of addiction for a given substance. Drug trafficking in Tulsa OK is treated more seriously than possession.
What Is Possession Of Controlled Drug With Intent To Distribute In Tulsa?
Controlled dangerous substances are classified under schedules in Oklahoma laws. Schedule I is the classification with the lowest number. Substances in Schedule I have a very high risk of addiction, and often no medical use in the United States. Substances in this schedule are strictly controlled.
Schedule II substances have slightly lower risk of addiction as compared to Schedule I, and may have some medical use in the United States. Doctors prescribe such substances when the medical benefit outweighs the addiction risks of using such a medication. Okla. Stat. tit. 63 ยงยง 2-204 et seq.
The law in Oklahoma forbids possession of a controlled dangerous substance without a valid prescription. Oklahoma laws forbid possession of counterfeit or imitation controlled dangerous substances. It also forbids the manufacture of controlled dangerous substances without a valid permit.
The amount of a controlled dangerous substance that a defendant is found with is what determines their intention under Oklahoma law. Being found with a sufficient amount of a controlled dangerous substance is enough to be tried for possession with intent to distribute.
Being found with the following amounts are sufficient to be tried for possession of a controlled drug with intent to distribute in Tulsa.
- LSD: 1 gram (a packet of sugar is approximately 1 gram)
- Crack Cocaine: 5 grams
- Heroin: 10 grams
- Ecstasy (MDMA): 10 grams or 30 tablets
- Methamphetamine: 20 grams
- PCP (phencyclidine): 20 grams
- Cocaine: 28 grams
- Marijuana: 25 pounds
Intent to distribute can also be inferred from possession of such items as scales, cash, business records, and packaging equipment which indicates the existence of a business.
Elements Of The Crime
The state must prove the following elements of this crime beyond a shadow of doubt to obtain a conviction for possession of controlled drug with intent to distribute.
- Knowingly and intentionally
- transporting with the intent to distribute, distributing, possessing with the intention to distribute, manufacturing, or attempting to manufacture
- a controlled dangerous substance
Possible Defenses
Illegal search of your vehicle that leads to a seizure of drugs provides grounds for a defense. Our defense lawyers advise our clients that if police stop you and insist on a search without sufficient grounds, you should decline to allow the search.
If police still search your vehicle without your permission and find some illegal drugs, talk to a Tulsa criminal defense lawyer immediately. That police found controlled drugs in your vehicle after an illegal search can lead to a case against you being thrown out.
Penalties For Possession Of Controlled Drug With Intent To Distribute In Tulsa
The penalties for possession of a controlled drug with intent to distribute in Tulsa are rather stiff. The penalties are harsher for second and subsequent convictions and for large amounts of drugs. A defendant who gets convicted usually must serve extended time in prison and pay staggering fines.
The penalties differ depending on the controlled dangerous substance that a defendant is convicted of possessing. For instance, possessing 28 grams of cocaine can lead to a fine of as much as $100,000.
Get Help
If you are facing charges of possession of a controlled drug with intent to distribute, talk to a Tulsa criminal defense attorney before you talk to the prosecution or law enforcement.
Our lawyers are knowledgeable and experienced and will stand up for you as you face a judge in a tough Oklahoma jurisdiction.
Free Consultation: Tulsa Felony Defense Lawyer
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.