Title 63 Sec. 245 Uniform Dangerous Controlled Substance Act:
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 cocaine leaves
- 3. Heroin
- 4. meth
- 5. LSD
- 6. PCP
- 7. Base Cocaine otherwise called crack cocaine or “rock cocaine”
- 8. Ecstasy
B. Unless otherwise considered legal pursuant to the Uniform Controlled Dangerous Substances Act, it ia illegal for anyone to:
1. Intentionally and with Knowledge distribute, manufacture, transport into the State Of Oklahoma ot to otherwise possess a controlled dangerous substance as set out in the statute and in the weights or numbers as set out in Section C;
2. Have in ones possession any dangerous controlled substance with the intent to make a controlled dangerous substance set out in subsection A of this section in quantities as established in subsection C ; or
3. Personally use or offer use of services of a person under the age of majority to distribute or otherwise make a controlled dangerous substance as set out in subsection A of this section in amounts set out in subsection C of this statutes section.
Violation of this section of the Oklahoma Statute is called “trafficking in dangerous illegal drugs”. Separate types of controlled substances described in subsection A of this section when possessed at the same time in violation of any provision of this section shall constitute a separate offense for each substance.
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 or Cannabis Trafficking:
a. twenty-five (25) pounds or more is punishable by a fine in excess of $25,000.00 and not to exceed $100,000.00, or
b. 1,000 pounds or more of marijuana, is set out in this statute as aggravated drug trafficking in Oklahoma punishable by a fine of $100,000.00 up-to but not to exceed $500,000.00;
2. Cocaine or coca leaves Trafficking:
a. 28 grams or more of cocaine or coca leaves, this violation is punishable by a fine stating at$25,000.00 but not in excess $100,000.00,
b.300 plus grams cocaine or cocaine leaves, this criminal violation is punishable with a minimum fine in the amount of $100,000.00 up-to $500,000.00; or
c. 450 plus grams cocaine or cocaine leaves, is considered aggravated trafficking in cocaine and is subject to a fine no lower than $100,000.00 but not to exceed $500,000.00;
3. Heroin Trafficking
a. 10 grams plus heroin, this illegal act is subject to a minimum fine of $25,000.00 but not to exceed $50,000.00, or
b.28 grams heroin, this illegal act is subject to a minimum fine of $50,000.00 but not to exceed $500,000.00;
4. Trafficking in methamphetamine (Meth):
a.20 grams plus of amphetamine or meth, this criminal act is subject to a minimum fine of $25,000.00 but not to exceed $200,000.00,
b. 200 grams plus amphetamine or meth, this illegal act is subject to a minimum fime of $50,000.00 but to to exceed $500,000.00,
c. 450 grams plus amphetamine or meth, this criminal act is said to be aggravated drug trafficing and subject to a minimum fine $50,000.00 but not to exceed $500,000.00,
5. in LSD;
a. 1 gram plus of LSD, this criminal act such is subject to a minimum fine of $50,000.00 but not in excess of $100,000.00
b. ten plus grams LSD, this criminal conviction is punishable by a minimum fine of $100,000.00 but not to exceed $250,000.00
a. 20 grams plus of PCP, this criminal conviction is subject to a minimum fine of $20,000.00 but not to exceed $50,000.00
b. 150 grams plus PCP, this criminal conviction is subject to a minimum fine of $50,000.00 but not to exceed $250,000.00
7. Cocaine base cooked down:
a. 5 grams plus base cocaine, this criminal act and conviction is subject to a minimum fine of $25,000.00 but not to exceed $100,000.00
b. 50 grams plus base cocaine this criminal conviction is subject to a minimum fine of $100,000.00 but not to exceed $500,000.00
a. 30 pills or 10 plus grams methamphetamine, this criminal convictions is subject to a minimum fine of $25,000.00 but not to exceed $100,000.00
b. 100 pills or capsules or 30 plus grams of mmeth, this criminal conviction is subject to $100,000.00 fine but not to exceed $500,000.00
D. An individual that is convicted of this section of the act and violates sec. A in amounts set out in sec C is subject prison time as set out below. This prison time is handed down along with the fines set out above.
1. Two times the prison time set out in Oklahoma Statute Sec. 2-401
2. If this is a second or subsequent conviction of the UCD substance Act the term of incarceration is 3 times of that set out in Sec. 2-401 of this act.
3. If there are two or more conviction for violating of this sec. which are felony convictions and or the convictions are from separate occurrences the individual faces life in prison and this life term is without parole.
4. aggravated trafficking as set out and as numerated in B of paragraph one 1 subsection C of this section, sub-paragraph c of paragraph 2 of subsection C of this section or sub-paragraph c of paragraph 4 of subsection C of this section, a statutory minimum term of jail in the custody of the DOC for a term of five years of this the convicted individual must spend 85% of the mandatory sentence as set out in this statute before being eligible for release.
Tulsa Drug Trafficking Lawyers
With criminal reform in Oklahoma the drug laws have dramatically changed. Most drug charges are now reduced to simple misdemeanors. For this exact reason our drug trafficking lawyers Tulsa will tell you that the State tries to get around the reduced charges by enhancing a possession case to trafficking or intent. This makes it more important than ever to get a criminal defense attorney who knows how to fight drug charges. Call and ask a Free legal question 918.743.2233