Distributing Controlled Dangerous Substances - Tulsa Trial Attorneys

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Client Reviews From Distributing Controlled Dangerous Substances Cases

"EVERYONE TOLD ME TO TAKE THE DEAL.  THE DA'S ONLY OFFER WAS 10 YEARS.  BRIAN AND CIERA WERE THE ONLY ONES WHO FOUGHT FOR ME.  WE WENT TO TRIAL AND THE JURY FOUND ME NOT GUILTY.  THANK GOD I FOUND THEM."

"THANK YOU FOR BELIEVING IN ME AND FIGHTING FOR ME WHEN EVEN MY FAMILY GAVE UP." L.H.

Times Have Changed for Drug Crimes

It was only a few years ago and people convicted of simple possession of marijuana were sentenced to significant prison time in Oklahoma. If you were convicted of Manufacturing, Distribution, or Trafficking they would just throw away the key. Times have changed and now possession of a controlled drug is a misdemeanor with a maximum of 1 year in jail, and marijuana is legal for medical purposes with a prescription. This doesn’t mean that you should take an arrest for a drug crime lightly, especially when the arresting agency is going to do everything in their power to make your simple possession into a possession with intent to distribute, or even worse trafficking. There are also ramifications to your employment and your driver’s license if you are not careful.

Time is of the Essence

First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on drug charges, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

  1. DON’T TALK AND DON’T GIVE A STATEMENT.

  2. DON’T GIVE THEM CONSENT TO SEARCH.

  3. DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.

  4. EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.

  5. DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.

Controlled Dangerous Substance - Definition

"Controlled dangerous substance" means a drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act or any drug, substance or immediate precursor listed either temporarily or permanently as a federally controlled substance. Any conflict between state and federal law with regard to the particular schedule in which a substance is listed shall be resolved in favor of state law. 63 O.S. 2-101

Drug Offenses: Distributing - Elements

No person may be convicted of distributing a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) knowingly / intentionally;

(2)  distributing / (transporting with the intent to distribute) / ([soliciting the use] / [using the services] of a person less than 18 years of age to cultivate / distribute / manufacture / (attempt to manufacture);

(3), the controlled dangerous substance of [Name of Substance]. OUJI-CR 6-2

Distribute - Definition

To deliver other than by administering or dispensing a controlled dangerous substance. 63 O.S. 2-101

Distributor - Definition

A commercial entity engaged in the distribution or reverse distribution of narcotics and dangerous drugs and who complies with all regulations promulgated by the federal Drug Enforcement Administration and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; 63 O.S. 2-101

Distributing Controlled Dangerous Substances

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

1. To distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance;

2. To create, distribute, transport with intent to distribute or dispense, or possess with intent to distribute, a counterfeit controlled dangerous substance; or

3. To distribute any imitation controlled substance as defined by Section 2-101 of this title, except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services. 63 O.S. 2-401(A)

Distributing Controlled Dangerous Substances - Punishment

Any person who violates the provisions of this section with respect to:

1. A substance classified in Schedule I or II, except for marijuana, upon conviction, shall be guilty of transporting or possessing with an intent to distribute a controlled dangerous substance, a felony, and shall be sentenced to a term of imprisonment in the custody of the Department of Corrections for maximum of seven (7) years and a maximum fine of One Hundred Thousand Dollars ($100,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. A second conviction for the violation of provisions of this paragraph is a felony punishable by a term of imprisonment in the custody of the Department of Corrections for a maximum of fourteen (14) years. A third or subsequent conviction for the violation of the provisions of this paragraph is a felony punishable by a term of imprisonment in the custody of the Department of Corrections for a maximum of twenty (20) years;

2. Any other controlled dangerous substance classified in Schedule III, IV, V or marijuana, upon conviction, shall be guilty of a felony and shall be sentenced to a term of imprisonment in the custody of the Department of Corrections for a maximum of five (5) years and a maximum fine of of twenty Thousand Dollars ($20,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. A second conviction for the violation of the provisions of this paragraph is a felony punishable by a term of imprisonment in the custody of the Department of Corrections for a maximum of ten (10) years. A third or subsequent conviction for the violation of the provisions of this paragraph is a felony punishable by a term of imprisonment in the custody of the Department of Corrections for a maximum of fifteen (15) years; or

3. An imitation controlled substance as defined by Section 2-101 of this title, upon conviction, shall be guilty of a misdemeanor and shall be sentenced to a term of imprisonment in the county jail for a maximum period one (1) year and a maximum fine of One Thousand Dollars ($1,000.00). A person convicted of a second violation of the provisions of this paragraph shall be guilty of a felony and shall be sentenced to a term of imprisonment in the custody of the Department of Corrections for a maximum of two (2) years and a maximum fine of Five Thousand Dollars ($5,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. 63 O.S. 2-401(B)

Soliciting Services of a Minor

Any person who is at least eighteen (18) years of age and who violates the provisions of this section by using or soliciting the use of services of a person less than eighteen (18) years of age to distribute, dispense, transport with intent to distribute or dispense or cultivate a controlled dangerous substance or by distributing a controlled dangerous substance to a person under eighteen (18) years of age, or in the presence of a person under twelve (12) years of age, is punishable by:

1. For a first violation of this section, a term of imprisonment in the custody of the Department of Corrections a minimum of two (2) years and a maximum of ten (10) years;

2. For a second violation of this section, a term of imprisonment in the custody of the Department of Corrections for a minimum of four (4) years and a maximum of twenty (20) years; or

3. For a third or subsequent violation of this section, a term of imprisonment in the custody of the Department of Corrections for a minimum of ten (10) years and a maximum of life. 63 O.S. 2-401(E)

Drug Crimes - Misdemeanors

Drug Crimes - Felonies 

Drug Crimes - FAQs 

Distributing Controlled Dangerous Substances Litigation Expertise

Don’t settle for the quick plea on Drug Crime charges in Oklahoma. There are many ramifications to even taking a misdemeanor plea to probation. When defending drug charges, it is necessary to obtain experienced and aggressive representation who is willing to question whether there was probable cause for the stop, whether the search may have breached your constitutional rights, and based on case law you may not have been in possession of the contraband. The smallest detail or piece of evidence can make all the difference.  The longer you wait to hire a Criminal Defense attorney the greater the stress and the greater the advantage to the prosecution.

Call Us Today - 918-884-7791