Serving Tulsa County, Creek County, Craig County, McIntosh County, Mayes County, Muskogee County, Okmulgee County, Osage County, Pawnee County, Payne County, Rogers County, Wagoner County, and Washington County.
Drug Charges
The majority of drug offenders incarcerated under Oklahoma sentencing laws are nonviolent men and women convicted of low-level drug charges. Whether repeat or first time offenders, whether convicted of possession, sale, possession with intent to sell or attempted sale, most of these offenders are guilty of minor crimes and face stiff jail sentences.

FACT: Thousands of low-level drug offenders are sent to prison.

Oklahoma courts are cracking down on persons charged with a drug related crime. If you are facing a drug related charge you need an experienced Oklahoma drug charge attorney to guide you. Conviction of a drug charge in Oklahoma can seriously impact your future.

If you are in need of an aggressive criminal defense attorney contact us for a free consultation.


Below are some common charges and punishments










Trafficking:

A. The provisions of the Trafficking in Illegal Drugs Act shall apply to persons convicted of violations with respect to the following substances:

1. Marijuana;

2. Cocaine or coca leaves;

3. Heroin;

4. Amphetamine or methamphetamine;

5. Lysergic acid diethylamide (LSD);

6. Phencyclidine (PCP);

7. Cocaine base, commonly known as "crack" or "rock"; or

8. 3,4-Methylenedioxy methamphetamine, commonly known as "ecstasy" or MDMA.

B. Except as otherwise authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to:

1. Knowingly distribute, manufacture, bring into this state or possess a controlled substance specified in subsection A of this section in the quantities specified in subsection C of this section; or

2. Possess any controlled substance with the intent to manufacture a controlled substance specified in subsection A of this section in quantities specified in subsection C of this section; or

3. Use or solicit the use of services of a person less than eighteen (18) years of age to distribute or manufacture a controlled dangerous substance specified in subsection A of this section in quantities specified in subsection C of this section.

Violation of this section shall be known as "trafficking in illegal drugs".

Any person who commits the conduct described in paragraph 1, 2 or 3 of this subsection and represents the quantity of the controlled substance to be an amount described in subsection C of this section shall be punished under the provisions appropriate for the amount of controlled substance represented, regardless of the actual amount.

C. In the case of a violation of the provisions of subsection B of this section, involving:

1. Marijuana:

a. twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marijuana, such violation shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. one thousand (1,000) pounds or more of a mixture or substance containing a detectable amount of marijuana, such violation shall be punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

2. Cocaine or coca leaves:

a. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves, such violation shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. three hundred (300) grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves, such violation shall be punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

3. Heroin:

a. ten (10) grams or more of a mixture or substance containing a detectable amount of heroin, such violation shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or

b. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of heroin, such violation shall be punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

4. Amphetamine or methamphetamine:

a. twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine, such violation shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than Two Hundred Thousand Dollars ($200,000.00), or

b. two hundred (200) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine, such violation shall be punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

5. Lysergic acid diethylamide (LSD):

a. if the quantity involved is not less than fifty (50) dosage units and not more than one thousand (1,000) dosage units, such violation shall be punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. if the quantity involved is more than one thousand (1,000) dosage units, such violation shall be punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00);

6. Phencyclidine (PCP):

a. one (1) ounce or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP), such violation shall be punishable by a fine of not less than Twenty Thousand Dollars ($20,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or

b. eight (8) ounces or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP), such violation shall be punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00);

7. Cocaine base:

a. five (5) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base, such violation shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. fifty (50) grams or more of a mixture or substance described in paragraph 2 of this subsection which contains cocaine base, such violation shall be punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); and

8. Methylenedioxy methamphetamine:

a. thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine, such violation shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. one hundred (100) tablets or thirty (30) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine, such violation shall be punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00).

D. Any person who violates the provisions of this section with respect to a controlled substance specified in subsection A of this section in a quantity specified in subsection C of this section shall, in addition to any fines specified by this section, be punishable by a term of imprisonment as follows:

1. Not less than twice the term of imprisonment provided for in Section 2-401 of this title;

2. If the person has previously been convicted of one violation of this section or has been previously convicted of a felony violation of the Uniform Controlled Dangerous Substances Act arising from separate and distinct transactions, not less than three times the term of imprisonment provided for in Section 2-401 of this title; and

3. If the person has previously been convicted of two or more violations of this section or any provision of the Uniform Controlled Dangerous Substances Act which constitutes a felony, or a combination of such violations arising out of separate and distinct transactions, life without parole.

The terms of imprisonment specified in this subsection shall not be subject to statutory provisions for suspension, deferral or probation, or state correctional institution earned credits accruing from and after November 1, 1989, except for the achievement earned credits authorized by subsection H of Section 138 of Title 57 of the Oklahoma Statutes. To qualify for such achievement credits, such inmates must also be in compliance with the standards for Class level 2 behavior, as defined in subsection D of Section 138 of Title 57 of the Oklahoma Statutes.

Persons convicted of violations of this section shall not be eligible for appeal bonds.

Back To Top



Possession:

any amount (first offense) misdemeanor  1 year* fine
any amount (subsequent offense) felony 2 - 10 years fine
*Conditional discharge available.



Cultivation:

1000 plants or less felony 2 years - life $20,000
More than 1000 plants felony 20 years - life $50,000


Sale:

Less than 25 lbs felony 2 years - life $20,000
25 lbs to 1000 lbs felony 4 years - life $25,000 - $100,000
1000 lbs or more felony 4 years - life $100,000 - $500,000
To minors felony double penalty double penalty
Within 2,000 feet of schools, public parks or public housing felony double penalty + MMS** double penalty
**Mandatory minimum sentence of 50% of the imposed sentence.


paraphernalia misdemeanor 1 year <$1,000

paraphernalia (2nd offense) misdemeanor 1 year <$5,000

paraphernalia (3rd offense) misdemeanor 1 year <$10,000

Any conviction causes driver's license suspension for 6 months to 3 years.



Possession of any amount of marijuana is punishable by up to one year in jail for the first offense and 2 - 10 years in prison for subsequent offenses. Conditional discharge is available to first time offenders.

Cultivation of 1,000 plants or less is punishable by 2 years - life in prison and a fine up to $20,000. Cultivation of greater than 1,000 plants is punishable by 20 years - life in prison and a fine up to $50,000.

Sale or delivery of less than 25 pounds is punishable by 2 years - life in prison and a fine of $20,000. For sale or delivery of 25 pounds or more the penalties increase to 4 years - life in prison and a fine of $25,000 - $100,000. Sale or delivery of 1,000 pounds or more is also punishable by 4 years - life in prison, but the fine increases to $100,000 - $500,000. Any sale to a minor doubles the penalties. Sale within 2,000 feet of schools, public parks or public housing doubles the available penalties and carries a mandatory minimum sentence of 50% of the imposed sentence.

If eighteen (18) years of age or over who delivering/ selling drug paraphernalia to a person under eighteen (18) years of age shall, upon conviction, be guilty of a felony and causes driver's license suspension for 6 months to 3 years.

Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund.

If never been previously convicted these offenses under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled dangerous substance, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported or state-approved facility, if available.

Any student loan, grant, fellowship, teaching fellowship or other means of financial assistance authorized by and/or under the control of the Oklahoma State Regents for Higher Education, any operating Board of Regents of Oklahoma Universities or Colleges, or any employee or employees of any university, college or other institution of higher learning, whether such loan, grant, fellowship, teaching fellowship or other means of financial assistance be financed by state or federal funds, or both, may be revoked or terminated by the person or persons authorizing and/or controlling same for any of the following reasons: unlawful manufacture, preparation, delivery, sale, offering for sale, barter, furnishing, giving away, possession, control, use or administering of narcotic drugs, marijuana, barbiturates or stimulants.

Back To Top



Drivers License:

The State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception - the revocation, or suspension for at least 6 months, of the driver's license of any individual who is convicted, after the enactment of such law, of

1. Any violation of the Controlled Substances Act

2. Any drug offense

A delay in the issuance or reinstatement of a driver's license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver's license if the individual does not have a driver's license, or the driver's license of the individual is suspended, at the time the individual is so convicted.

Back To Top


This web site is designed for general information only. The information presented at this site should not be construed as formal legal advice or the formation of an attorney/client relationship.

email me
Contact Us Now
For a free
Consultation
918.587.8700

Adams Law Office PLLC
525 S Main Ste 525
Tulsa, Oklahoma 74103
918.587.8700PH
918.587.3343FAX