The state of Oklahoma takes drug charges seriously. There are a list of penalties for the illegal use and distribution for every schedule of drugs, according to the severity of the offense. In addition to these penalties, there are aggravating circumstances that can increase the standard penalties.
Involving children in the sale or distribution of illegal drugs is one way to enhance drug charges. For example, using a minor to distribute or transport drugs with the intent to do so, will double any fine or penalty. Even if no intent is established, using a minor to transport a controlled substance will double the penalty of a felony.
Even if a child is not involved in the sale or distribution of drugs, selling drugs near children can also lead to an enhanced fine. The sale of drugs within 2000 feet of a school, recreation center, park, public housing or child care facility will double the penalty or fine. If the individual is deemed to be a habitual offender, he or she must serve at least 85% of the sentence before becoming eligible for parole. The sale of drugs within 1000 feet of a school, recreation center, park, public housing or child care facility or in the presence of a child under 12 will also double the penalty. The individual that is convicted must serve 50% of their sentence before being eligible for parole.
If facing a drug charge, it is important to consider having experienced legal counsel that can attempt to mitigate your penalties instead of allowing the prosecution to enhance them. This is especially true for first time offenders. Licensed Oklahoma criminal attorneys may have experience protecting their clients' constitutional rights.