Distribution and Sale of a Controlled Substance
Possession of any amount of a controlled substance, including controlled prescription medication for which you do not have a valid prescription, in the state of Oklahoma is a crime. Depending on the type and the amount of the drug in question, possession may be charged as a misdemeanor. However, if officers find evidence that you had intent to distribute a drug, the charges will be elevated to a felony.
Evidence and Proof
The amount of the drug or drugs found in your possession is not the only factor law enforcement will consider when filing intent to distribute charges. Rather, police and prosecutors use other evidence to prove your intent, such as the presence of:
- - Baggies
- - Scales
- - Certain drug paraphernalia
- - Packaging materials
- - Firearms or weapons
- - Witness statements, especially statements regarding your intent to provide drugs to others. Distribution means just that. It does not matter if you give the drugs away for free, share them with friends, or sell them. It’s all distribution.
- - Notes or text messages related to the drugs
Because it is a felony offense, the penalties for distribution of a controlled substance are very serious. For a first offense you will face:
- Mandatory minimum two-year prison sentence, up to a maximum of life, in certain circumstances.
- Maximum $20,000 fine
If the drug in your case was a narcotic, LSD, GHB or a Schedule I or II drug, the minimum sentence is elevated to five years and the maximum fine increases to $100,000.
A charge of possession with intent to distribute any drug could be punished by a maximum term of life in prison.