Conspiracy to traffic in drugs is a serious crime and can land the accused in prison. At the crossroads of America, Oklahoma has some of the harshest drug-crime penalties in the nation due to high amounts of drug trafficking. The interstate highways in our state are full of Police drug interdiction teams. This is because as a crossroad for the country most land based smuggling will cross on our roads. Conspiracy to traffic in drugs is a felony. For example, a person can be charged with conspiracy to traffic drugs even if the drugs at issue were never possessed or sold. Below is more information on conspiracy to traffic in drugs under Oklahoma law.
What Is Conspiracy To Traffic In Drugs?
Conspiracy in drug trafficking or possession with intent occurs when a person agrees with another person (or more) to manufacture, transport, or sell illegal drugs, and a member of the plan takes a step towards the trafficking. The key to this and all conspiracy based crimes is the substantial step towards accomplishing the crime. A substantial step is very fact dependent. What is a substantial step in one case may or may not be the same in a similar fact pattern. If the jury finds a substantial step the crime exists regardless of whether drugs are ever actually trafficked.
What Is A Conspiracy
- In Oklahoma, the crime of “conspiracy” is very broadly defined and simply requires an agreement between two or more people to commit a crime together. This can be any type of agreement.
- For a conspiracy to occur, at least one person must actually act towards completing the crime (i.e., meet with a drug dealer, contact a drug supplier, etc.). This act is what’s considered a substantial step.
- Even when each individual is not equally involved in the alleged crime, the state can charge every member of the plan with conspiracy. This means that both the ringleader and the lookout get the same treatment regardless of their involvement.
What Is Drug Trafficking?
- Under Oklahoma law, it is illegal to conspire to traffic any unlawful controlled substance (drugs). Trafficking involves the manufacturing, transporting, or selling of illegal drugs. This conspiracy can involve a drug that may otherwise be legal but the conspiracy is to illegally distribute the drug.
- A person accused of trafficking can be charged by several different law enforcement agencies and should consult with a drug trafficking defense attorney immediately.
- Merely possessing an illegal drug can be labeled “trafficking” if the amount of the drug is more than the minimum Oklahoma law allows, which is way less than most people would assume. The amount required to be trafficking depends on what the drug is. Distributing marijuana requires a different weight than does trafficking in meth.
What Types Of Drugs Are Illegal?
- Drugs that are illegal in Oklahoma include marijuana, cocaine, heroin, amphetamine or methamphetamine, LSD, PCP, cocaine base commonly known as “crack” or “rock,” “ecstasy” or MDMA, morphine, oxycodone, hydrocodone, benzodiazepine; or fentanyl and its analogs and derivatives.
What If No Drugs Were Ever Trafficked?
- It doesn’t matter if no drug trafficking was ever committed, just planning with others to commit the crime is enough to be charged with conspiracy when one member of the group attempts to do so.
- As an example, Alan, Beth, and Caitlin decide to sell LSD. Alan asks Beth to set up a meeting with an LSD dealer with Caitlin as the lookout. The meeting happens, and the dealer decides not to sell the LSD to Alan. Even though neither Alan, Beth, or Caitlin possessed nor sold the LSD, they each committed the crime of conspiracy to traffic in drugs because they took the steps of contacting and meeting with the dealer.
What’s The Penalty For Conspiracy To Traffic In Drugs?
- Conspiracy to traffic in drugs is usually a misdemeanor unless the crime the conspirators were planning to commit is a felony, which can be punishable by up to ten years in prison and a maximum fine of up to $5,000.
- The sentence for this crime also varies based on the amount of drugs at issue based on Oklahoma’s sentencing guidelines.
As discussed above, a conspiracy to traffic in drugs conviction can be serious and lead to jail time even if you never actually trafficked any drugs. To avoid getting caught in a system of intense penalties, you should have a professional drug trafficking defense attorney assist you as soon as possible if you are arrested.
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Tulsa Drug Conspiracy Lawyers Near You
Although the law has reduced its focus on drug crimes be carful not to be fooled. And, also remember to be careful about speaking to the Police without a lawyer present for you. The differences between counties in Oklahoma and how they handle drug crimes can be very different from one to the other. In particular, some of the more rural counties in our state enforce sentencing ranges with much more force than more urban areas. Hiring an experienced Oklahoma criminal defense lawyer ensures that you have someone on your side fighting hard to protect your rights. Kania Law Office represents those accused of conspiracy to traffic in drugs in Oklahoma. If you have been criminally charged in Oklahoma, reach out to Kania Law Office by calling (918) 743-2233 or contacting us online.
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