Houston, TX asked in Criminal Law for Oklahoma

Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?

Related Topics:
2 Lawyer Answers
Timothy Carignan
Timothy Carignan
Answered
  • Criminal Law Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.

Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed it for personal use or planned to distribute or sell it. Once they are determined to be in possession of the drug, the only other issue is quantity or weight.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.