You may know that drug trafficking is a serious criminal offense in Oklahoma. However, you may not be familiar with an offense known as possession with intent to distribute. As such, if you are facing charges for this offense, it’s imperative to understand what constitutes this offense and the penalties you can face if you are convicted. In addition, you’ll discover the importance of working with an Oklahoma criminal defense lawyer to explore your legal options during these incredibly difficult times.
What Warrants Possession With Intent to Distribute?
Unfortunately, there is no set amount of a substance that warrants an intent to distribute charge. This means the amount is subjective to the officer at the scene of the arrest to determine the charges, so long as they believe the amount you are found in possession of is too large for personal use. Typically, intent to distribute is often charged when the amount is lower than what constitutes trafficking but higher than personal use.
You can also face this offense for simply giving someone a controlled substance. There does not need to be a sale or money exchanged for this to constitute distribution. This means if you are found sharing substances with friends, it can warrant a distribution charge.
Additionally, you’ll find that the police will look for additional evidence to support their charge of intent to distribute. This includes materials like scales or plastic baggies, as this shows you were weighing and portioning the substances. Similarly, if you have a ledger of sales or texts between clients, this can be used against you as evidence of intent to distribute.
What Penalties Can I Face if Convicted of This Offense?
If you are charged with possession with intent to distribute, the penalties you can face upon conviction can be intense. In Oklahoma, this is a felony offense, carrying between two and twenty years in prison. However, if the substance in your possession is a Schedule I or II drug, the minimum sentence increases to five years for possession with intent to distribute. In addition, you can face up to $100,000 in fines for Schedule I or II substances and up to $20,000 for other substances.
In Oklahoma, most marijuana charges are considered misdemeanor offenses even though it is classified as a Schedule I substance in the state. However, if you are found distributing to minors or distributing within 2,000 feet of a school, park, or public housing, it can increase to a felony offense. Similarly, if you solicit a minor to distribute substances for you, you will also be charged with a felony.
As you can see, facing charges of drug possession with intent to distribute can be incredibly overwhelming, especially because these matters are up to the discretion of the arresting officer. That is why the most important thing you can do when arrested is connect with an experienced criminal defense attorney from the Jones Firm, PLLC. When your freedom is on the line, contact us to learn how we will fight for you.
