While laws have recently changed to make simple possession of drugs a misdemeanor in Oklahoma City, possession of a controlled drug with intent to distribute remains a serious crime in Oklahoma. Here is what you need to know about how the crime is prosecuted in Oklahoma City.
What The Law Says
It is unlawful for any person to engage in any of the following regarding any controlled drug: to distribute, dispense, or transport with that intent; to possess with intent to manufacture, distribute, or dispense; or to solicit the use of or use the services of a person under 18 years of age to cultivate, distribute, or dispense such substances.
Quantity Is Not The Only Sign Of Possession Of A Controlled Drug With Intent To Distribute
It is often the quantity of a drug you are caught within your possession that gives a police officer probable cause to arrest you for intent to distribute. If you are caught with a large amount of a substance, most of the time, there is a good argument that you intend to sell or distribute the drugs.
However, amount is not the only factor that an arresting officer might take into consideration. 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.
For example, let’s say you are driving and have both the drugs and scales in plain view in your car. You get stopped by an officer for a broken taillight. Even if you are not in possession of a large amount of the drug, the scales themselves may lead to an arrest for possession with intent to distribute.
Likewise, if you are stopped by the police and are in possession of the drug and a large amount of cash or are in possession of the drug and a firearm, you might be arrested.
Penalties For Possession Of A Controlled Drug With Intent To Distribute
Penalties depend in some part on the substance involved and in some part on whether this is a first, second, or third conviction.
If the substance involved is a highly addictive drug such as heroin, MDMA, ecstasy, psilocybin, GHB, PCP, or LSD, you could face up to seven years in prison, a fine of up to $100,000, or both — even for a first conviction. A second such conviction could mean up to 14 years in prison. A third conviction could mean up to 20 years. Okla. Stat. tit. 63 § 2-401
If the substance involved is a drug such as Xanax, Valium, marijuana, or tramadol, which are drugs with a lower risk of abuse, a first conviction could mean up to five years in prison, or a fine up to $20,000, or both. A second conviction is punishable by up to 10 years in prison. A third conviction can mean up to 15 years in prison.
There are defenses that may be available to you. It is imperative that you do not speak to the police without having your attorney present. Your attorney can help keep illegally obtained evidence from being used against you.
If you are facing charges, get the help you need by calling an Oklahoma City attorney today.
Free Consultation: Oklahoma City Criminal Defense Attorney
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a free consultation with an Oklahoma criminal defense attorney, call Wirth Law Office – Oklahoma City at 405-888-5400.
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