The law considers drug sharing to be distribution when there is an intentional transfer of a controlled substance from one party to another. It is primarily based on a party’s intent to transfer a drug to another. There also does not have to be an exchange of money for drug sharing to be considered distribution.
Hiring an Oklahoma City drug crime attorney can help you defend against accusations of drug distribution.
What Factors Does the Law Consider for Drug Sharing to Be Distribution?
In Oklahoma, drug distribution is classified as a felony, per Oklahoma Statutes § 63-2-401. Below are factors that can lead to a drug distribution charge in Oklahoma:
- Quantity of Drugs: Those found in possession of a large amount of a controlled substance could be charged with intent to distribute.
- Packaging: Small baggies, vials, and other packaging materials suggest that an individual may intend to sell and distribute a controlled substance to others.
- Paraphernalia: The police may use scales, burner phones, and other paraphernalia found at the scene of a drug crime arrest to support their claim that an individual is involved in the sale and distribution of drugs.
- Frequency: How frequently a party gives drugs to someone else can determine if they are charged with distribution.
- Lack of Prescription: A person who does not have a valid prescription for a medication may be charged with distribution.
- Digital Evidence: Emails, text messages, and other communications relating to the sale of controlled substances may lead to an arrest for distribution.
Penalties for Drug Distribution
The penalties for a drug distribution conviction can vary based on the type of substance involved in the Oklahoma City criminal case and whether an individual has prior criminal convictions. Here are details about some of the penalties that come with being convicted of the distribution of a controlled substance in Oklahoma for the first time:
Imitation Controlled Substance
An imitation controlled substance, like baking soda or oregano, may not harm someone. Regardless, if you are convicted of passing such a substance off as a drug to someone else, you will be punished. Those convicted of this offense may receive misdemeanor penalties, including up to one year in jail and a fine of up to $1,000.
Schedule I, II, III, IV, or V Drugs or Marijuana
The Oklahoma Uniform Controlled Substances Act classifies controlled substances into five schedules (I through V) based on potential for abuse and other factors. If you are found to be distributing Schedule I, II, III, IV, or V drugs or marijuana, you may be sentenced to up to two years or more in prison and have to pay a fine of up to $200,000.
Schedule I or II Narcotics
Heroin, LSD, and ecstasy are three examples of Schedule I narcotics, which have a high potential for abuse and do not have a currently accepted medical use. Comparatively, opium, morphine, and other Schedule II narcotics have a high potential for abuse, albeit with some accepted medical uses. Those convicted of distributing Schedule I or II narcotics can receive a prison sentence that lasts up to five years and a fine of up to $100,000.
Criminal penalties for drug distribution in Oklahoma can escalate each time you are convicted. For second and subsequent felony drug crime convictions, you may receive a mandatory minimum prison sentence. You may also be ineligible for a deferred or suspended prison sentence.
