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Drug Possession With Intent to Distribute

Drug trafficking is prosecuted severely in Oklahoma. But many people do not know that that they can be charged with drug possession with intent to distribute for simply possessing an amount of a controlled substance that a law enforcement officer believes is more than just for personal use.

Trafficking vs. Distributing

In order to be charged with drug trafficking, you must be in possession of a specific quantity of a controlled substance. For example, being found with 25 pounds or more of marijuana, 28 grams or more of cocaine or 30 pills or more of ecstasy could result in a charge of drug trafficking.

On the other hand, you can be charged with intent to distribute if you are found with an amount of a controlled substance that is less than the threshold for trafficking but more than what would be considered for personal use.

How Much Constitutes Personal Use?

This is the kicker—it is totally up to the arresting officer to determine what he or she thinks is more than enough for “personal use.” It is a totally subjective measure.

It is also important to understand that you can be charged with drug distribution simply for giving someone a controlled substance—there does not have to be a “sale” or an exchange of money.

Potential Penalties

Possession with intent to distribute is considered a felony offense in Oklahoma. If convicted, you could face between two years and life in prison. The minimum sentence will be five years if the substance was Schedule I or II.

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