Charged with Distribution of a Controlled Substance: Now What?

08/19/20249 minute read

Across the U.S., states are dealing with a drug epidemic. From coast to coast, in every demographic, overdoses are spiking. To stop the tide, many states are shifting their law enforcement policies away from users, focusing instead on dealers.

Oklahoma passed landmark legislation in 2016 that reclassified simple possession of a controlled drug from a felony to a misdemeanor – but the laws around distribution of a controlled substance remain strict. If you’ve been charged with this crime, you need to learn as much as possible about what it means.

What Is Distribution of a Controlled Substance?

Under Oklahoma law, it is illegal “To distribute, dispense, [or] transport with intent to distribute … a controlled dangerous substance.” The same law also covers drug possession with intent to distribute, making it unlawful to “possess with intent to manufacture, distribute, or dispense a controlled dangerous substance.” While the two offenses are covered under the same law, we’ll focus specifically on distribution of a controlled substance in this article.

What Is a Controlled Dangerous Substance?

Oklahoma uses the same definitions for controlled dangerous substances as defined by the federal Drug Enforcement Agency (DEA):

Schedule I drugs include heroin, MDMA (ecstasy), psilocybin (mushrooms), LSD, GHB, and PCP. Marijuana is also a Schedule I drug, but falls under different laws thanks to State Question 788, which created a medical marijuana program in Oklahoma.
Schedule II drugs include amphetamines (like Adderall and Ritalin), cocaine, fentanyl, methadone, oxycodone, hydrocodone, morphine, and methamphetamine.
Schedule III drugs include Tylenol with codeine, ketamine, testosterone, and many types of steroids.
Schedule IV drugs include benzodiazepines (Xanax, Valium, and Ativan), Ambien, and Tramadol.
Schedule V drugs have very limited amounts of narcotics, like Robitussin AC.

It’s also illegal to distribute counterfeit or imitation controlled dangerous substances, which usually means imitations of prescription drugs. If you present the drug as real, the consequences are the same.

What Is Distribution?

Distribution, covered under the legal definition of “deliver,” means “the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance or drug paraphernalia, whether or not there is an agency relationship.” It excludes administering drugs to patients and research subjects (i.e. where there is a doctor-patient relationship), as well as dispensing drugs on the lawful order of a practitioner (i.e. prescriptions).

Distribution vs. Trafficking

You don’t need to have a certain amount of drugs in order to be charged with distribution of a controlled substance. There’s no minimum – the charge is based on your actions with the drug, not the amount of drug.

On the other hand, a trafficking charge requires that you possess large amounts of drugs, like 28 grams of cocaine, 10 grams of heroin, or 30 tablets or 10 grams of MDMA. Aggravated trafficking charges require you to be in possession of even more drugs. The punishment is harsh: There’s a mandatory minimum of 15 years for aggravated trafficking.

What’s the Punishment for Distribution of a Controlled Substance?

The punishment for distribution of a controlled substance is the same regardless of the schedule of the drug. It’s always a felony and is punishable by:

Up to 10 years in prison and a $25,000 fine for the first offense
A minimum of 2 and maximum of 20 years in prison for the second offense
A minimum of 10 years and maximum of life in prison for the third offense

If you use someone under the age of 18 to distribute drugs, distribute drugs to them, or distribute drugs in the presence of anyone under the age of 12, the punishments are even more harsh:

A minimum of 2 and maximum of 10 years in prison for the first offense
A minimum of 4 and maximum of 20 years in prison for the second offense
A minimum of 10 years and maximum of life in prison for the third offense

How Much Time Will I Serve?

You might have noticed that the penalties for distribution of a controlled substance are very broad. For example, you could receive no prison time or 10 years in prison for your first offense. So how much time will you really serve? The answer depends on many factors, including:

The amount of drugs you distributed
Who you distributed them to
The consequences of the distribution, like if someone was hurt
Your past criminal history

Because drug distribution is a felony, you’re not likely to receive a deferred sentence, which would mean your charges are dismissed after you serve probation. You may be able to take a plea deal with a suspended sentence, which means you plead guilty, but you’ll get probation instead of going to jail. However, it’s likely that you’ll serve some jail time, especially if you have any arrests or convictions in your recent past.

What Does the State Need to Prove?

In any criminal case, the state needs to prove every element of the crime beyond a reasonable doubt. For distribution of a controlled substance, they need to prove that you:

Knowingly and intentionally;
Distributed, transported with intent to distribute, or solicited someone under 18 to distribute;
A controlled dangerous substance.

There are also a lot of things that the state doesn’t need to prove, like:

A certain amount of drugs was involved
The quantity was traceable or had an effect on the nervous system
Money was exchanged or a sale was made

Giving someone any amount of illegal drugs, even sharing with them, is enough to be charged with distribution of a controlled substance.

What to Do If You’ve Been Charged With Distribution of Controlled Substance

If you’ve been charged with distribution, the first thing to do is contact a criminal defense attorney with experience in drug cases. An attorney can help you in many ways, even if it seems like the state has an airtight case against you. They can always advise you of your rights and what you should say (and should not say) to the police. They may also be able to:

Get evidence thrown out: If law enforcement didn’t have probable cause to search you or didn’t follow proper procedure with the evidence (like improperly analyzing it or not following chain of custody), your attorney might be able to get it thrown out.
Question the reliability of witnesses: Many distribution of controlled substance cases rely on the testimony of witnesses who may not be very trustworthy. Your attorney can cast doubt on their testimony.
Challenge other elements of the case: There may be evidence that you didn’t “knowingly” distribute the drugs or that you were simply near the illegal substances, rather than in control of their distribution. A good attorney will explore all possible defenses.
Negotiate a plea deal: The punishment for distribution of a controlled substance isn’t set in stone. With your attorney’s help, you may be able to plead to a lesser charge or receive a lesser sentence.

An experienced criminal defense attorney is key to getting the best outcome in your case. Don’t wait until you’re charged – hire an attorney as soon as you’re caught with drugs.

The Bottom Line

Distribution of a controlled substance is a serious crime in Oklahoma. If you’ve been charged, you could be facing prison time and large fines. But you don’t need to feel powerless. When you hire an attorney, they’ll get to work building your defense and guide you through every step of the process. They’ll be there when you talk to investigators and fight for you in court. At the Khalaf Law Firm, we don’t mess around when it comes to drug charges, and neither should you. Contact us today for a free case evaluation.