Manufacturing Drugs - Tulsa Trial Attorneys
Client Reviews From Manufacturing Drugs Cases
“AMAZING LAWYERS. THEY REALLY DO TAKE CARE OF THEIR CLIENTS LIKE FAMILY. YOU CAN REALLY SEE THEY LOVE WHAT THEY DO.” S.R. 3/15/19
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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.
DON’T TALK AND DON’T GIVE A STATEMENT.
DON’T GIVE THEM CONSENT TO SEARCH.
DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.
EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.
DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.
Manufacturing - Definition
"Manufacture" means the production, preparation, propagation, compounding or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural or synthetic origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. "Manufacturer" includes any person who packages, repackages or labels any container of any controlled dangerous substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer. 63 O.S. 2-101
Manufacturing - Elements
No person may be convicted of manufacturing / (attempting to manufacture) 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) manufacturing / (attempting to manufacture);
(3) the controlled dangerous substance of [Name of Substance]. OUJI-CR 6-3
Manufacturing - Punishment
1. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance or possess any substance listed in Section 2-322 of this title or any substance containing any detectable amount of pseudoephedrine or its salts, optical isomers or salts of optical isomers, iodine or its salts, optical isomers or salts of optical isomers, hydriodic acid, sodium metal, lithium metal, anhydrous ammonia, phosphorus, or organic solvents with the intent to use that substance to manufacture a controlled dangerous substance.
2. Any person violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance, or possessing any substance listed in this subsection or Section 2-322 of this title, upon conviction, is guilty of a felony and shall be punished by imprisonment for not less than seven (7) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. The possession of any amount of anhydrous ammonia in an unauthorized container shall be prima facie evidence of intent to use such substance to manufacture a controlled dangerous substance.
3. Any person violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance in the following amounts:
a. one (1) kilogram or more of a mixture or substance containing a detectable amount of heroin,
b. five (5) kilograms or more of a mixture or substance containing a detectable amount of:
(1) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed,
(2) cocaine, its salts, optical and geometric isomers, and salts of isomers,
(3) ecgonine, its derivatives, their salts, isomers, and salts of isomers, or
(4) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in divisions (1) through (3) of this subparagraph,
c. fifty (50) grams or more of a mixture or substance described in division (2) of subparagraph b of this paragraph which contains cocaine base,
d. one hundred (100) grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
e. ten (10) grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
f. four hundred (400) grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide,
g. one thousand (1,000) kilograms or more of a mixture or substance containing a detectable amount of marihuana or one thousand (1000) or more marihuana plants regardless of weight, or
h. fifty (50) grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers,
upon conviction, is guilty of aggravated manufacturing a controlled dangerous substance punishable by imprisonment for a minimum of twenty (20) years and a maximum of life and by a minimum fine of Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any person convicted of a violation of the provisions of this paragraph shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole.
4. A person convicted of a second or subsequent violation shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits or eligibility for parole.
5. Any person who has been convicted of manufacturing or attempting to manufacture methamphetamine pursuant to the provisions of this subsection and who, after such conviction, purchases or attempts to purchase, receive or otherwise acquire any product, mixture, or preparation containing any detectable quantity of base pseudoephedrine or ephedrine shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term in the range of twice the minimum term provided for in paragraph 2 of this subsection.
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
Manufacturing Controlled Dangerous Substances within 2000 Feet of Child Care Facility
Any person who engages in manufacturing any controlled dangerous substance within two thousand (2,000) feet of the real property comprising a family child care home, a child care center, a large family child care home or part-day child care program, as those terms are defined by Section 402 of Title 10 of the Oklahoma Statutes, shall be liable for treble damages for any loss or harm caused thereby. 63 O.S. 2-560
Drug Crimes - Misdemeanors
Public Intoxication - Drugs
Drug Crimes - Felonies
Drug Crimes - FAQs
Manufacturing Drugs 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.