Oklahoma Marijuana Trafficking Laws

Can You Mail Weed Legally in Oklahoma

No. It is illegal to mail weed in Oklahoma. You cannot mail weed through the United States Postal Service (USPS) or other private mail carriers. As a government agency, the USPS is subject to federal law. While some states have legalized marijuana, marijuana remains illegal under federal law. Hence, the illegal use of USPS to mail weed in Oklahoma is a felony. Other private carriers also specify in their terms of service that shipping any form of marijuana is illegal.  

What Are the Penalties for Transporting Edibles Across State Lines in Oklahoma?

Drinks and foods that may be infused with marijuana, including marijuana-infused gummies, pot brownies, and medicated candies, are referred to as marijuana edibles. Although Oklahoma medical marijuana laws permit registered medical marijuana patients to possess up to 72 ounces of edible marijuana, there are no specific statutes pertaining to transporting edibles across state lines. However, per state law, it is illegal to transport any form of marijuana across state lines.

How to Get a Drug Trafficking Charge Dismissed in Oklahoma?

A conviction for drug trafficking brings severe penalties, including hefty fines and lengthy jail terms. Offenders are advised to hire the services of criminal defense attorneys experienced in handling drug trafficking cases in federal and state courts.

To avoid a drug trafficking conviction, a drug trafficking defense attorney may seek a charge reduction, a plea bargain, or the outright dismissal of the case. The defense attorney may be able to have the drug trafficking charge dismissed by establishing that law enforcement obtained no warrant to carry out the search that resulted in the defendant's arrest. Also, the defense attorney may seek to prove that the evidence provided in court was improperly acquired, thereby rendering it inadmissible. To do this, the defense relies on the Fourth Amendment and pertinent case law or appellate court decisions to file a "motion to suppress" evidence. Prior to searching the defendant's house, car, or other properties for marijuana, the Fourth Amendment requires law enforcement to obtain a warrant except in cases where exigent circumstances exist.

Drug Trafficking Facts in Oklahoma 

Oklahoma law defines drug trafficking as possessing a specified quantity or weight of illegal substances or drugs. To establish sufficient evidence for drug trafficking in Oklahoma, prosecutors must prove that defendants possessed the defined quantity or weight of illegal substances as defined under the law. Any resident manufacturing, transporting, or selling controlled substances may be charged with drug trafficking in the state.

Under Oklahoma law, there is no need to establish an intent to sell marijuana or an illegal substance in order to convict a defendant of drug trafficking. Instead, the prosecution must only establish that the defendant had a significant quantity of marijuana or illegal narcotics.

A drug trafficking case may be handled in a state court for trafficking inside Oklahoma or as a federal violation if the suspicion is for interstate trafficking. Often, drug trafficking cases are prosecuted with evidence gathered by law enforcement officers, highly-specialized agencies such as the the Oklahoma Bureau of Narcotics and Dangerous Drug Control (OBNDD), Oklahoma State Bureau of Investigations (OSBI), the Federal Bureau of Investigations (FBI), or the United States Drug Enforcement Administration (DEA) (DEA).

Cannabis, cocaine, heroin, methamphetamine, LSD, PCP, cocaine, and MDMA are all controlled drugs. The penalties for trafficking these substances vary based on the quantity involved and any previous convictions. Before November 1, 2018, persons charged with trafficking were ineligible for probation. Therefore, they could not qualify for delayed or suspended sentences if convicted.

However, the rules governing trafficking charges have evolved significantly. Convicts may now get probationary sentences. The trade-off is that persons convicted of drug trafficking must now spend at least 50% of their sentences before they may be considered eligible for parole or any earned credits or other credits that may decrease the overall length of their sentences.

Previously, the required minimum for a first-time drug trafficking offense was four years in jail, with a maximum of life imprisonment. With the new legislation in effect, however, there is no longer a required minimum term for a first-time conviction of drug trafficking. A first conviction for drug trafficking involves a sentence of 0-20 years imprisonment and penalties in the hundreds of thousands of dollars. A second violation of the Trafficking in Illegal Drugs Act is punishable by a minimum of four years imprisonment and a maximum of life imprisonment. A third or subsequent conviction for drug trafficking now carries a required minimum of 20 years imprisonment and a maximum of life imprisonment.

Persons charged with aggravated trafficking of illegal drugs may be penalized with much higher fines. Persons convicted of aggravated fines can expect to pay up to $500,000 in fines. Such persons must also serve at least 85% of the sentence before being eligible for parole. Note that only the possession of specific quantities of marijuana, cocaine, methamphetamine, amphetamine, and MDMA may result in aggravated drug trafficking charges. According to the 2018 report on Oklahoma Drug Threat Assessment by the Oklahoma Bureau of Narcotics and Dangerous Drugs, drug-related arrests accounted for 15.1%, 18.8%, and 18.2% of total arrests in the state in 2015, 2016, and 2017 respectively.

How Many Grams of Weed Is Considered Trafficking in Oklahoma?

The Oklahoma Trafficking in Illegal Drugs Act stipulates specific substance amounts elevating a charge from simple possession or distribution to drug trafficking in the state. According to the Act, if you are caught possessing more than 25 pounds of marijuana in Oklahoma, you may be charged with drug trafficking.

What Are the Weed Trafficking Consequences in Oklahoma?

Per 63 Oklahoma Statutes § 63-2-415, persons caught trafficking between 25 and 999 pounds of marijuana will be penalized with a fine of at least $25,000 but no more than $100,000. If caught trafficking 1,000 pounds or more of marijuana, an individual will be charged with aggravated trafficking and punished with a fine of no less than $100,000 but no more than $500,000.

How To Transport Weed Legally in Oklahoma

With recreational marijuana illegal in Oklahoma, only medical marijuana may be legally transported in the state. Through the Oklahoma Medical Marijuana Authority (OMMA), the state issues a transportation license simultaneously with approved medical dispensary, grower, and processor licenses. The transporter license permits licensees to transport their own medical marijuana and medical marijuana products to other licensed medical marijuana establishments.

Note that the transporter license only authorizes a marijuana business to transport medical marijuana. Any individual who transports medical marijuana on behalf of a medical marijuana establishment must obtain a transporter agent license.

While transporting medical marijuana, all medical marijuana and medical marijuana products must be: 

• In a locked shipping container, protected from public view, and labeled "Medical Marijuana or Derivative"; and
• In a secured part of the vehicle not accessible by the driver during transit

Also, all vehicles used in the transportation of medical marijuana must be:

• Insured at or above the legal requirements in Oklahoma
• Equipped with active GPS trackers, which must not be mobile cellular devices, and which must be capable of storing and transmitting GPS data

Further requirements for the transportation of marijuana in Oklahoma are contained in Section 310:681-3-2 of the Oklahoma Administrative Code