Oklahoma Law The state of Oklahoma has some of the most strict marijuana laws
in the country. What would be minimal charges in one state will most
often earn felony charges in Oklahoma. Also in comparison Oklahoma has
significantly higher fine minimums than most other states.
Unlike seventeen other states, Oklahoma does not allow the legalization
of marijuana for medical or personal purposes. This means that all
possessions, cultivations, sales, and trafficking of marijuana are
criminal offenses under all circumstances.
The state does allow conditional release programs to be used in
personal marijuana-use arrests. Those who are arrested, along with
specific penalties, may also lose fellowships, schooling financial
assistance, and other state funding if arrested for marijuana charges.
State employees can also be terminated for marijuana offenses.
Possession Possession offenses are often broken into different categories
of severity that are based on prior offenses, the amount being
possessed, and the age of the offender. In Oklahoma all possession
offenses are based on the amount in possession and the number of prior
offenses.
Possessing any amount on the first offense is considered a misdemeanor
offense. This first offense will earn up to one year in jail with a
fine that will be determined in court. Possessing any amount on a
subsequent offense is considered a felony offense. Subsequent offenses
can earn between two year and ten years in prison and a fine that will
be determined in court.
Cultivation Cultivating charges are based on the number of plants an
individual has in possession. These charges are always considered
felony offenses. Cultivating fewer than one thousand plants can be
penalized by a fine of twenty thousand dollars with imprisonment terms
between two years and life in prison. Cultivating more than one
thousand plants can have punishments of fifty thousand dollars in fines
and imprisonment terms between twenty years and life in prison.
Sale Sale offenses in Oklahoma are based on the amount an individual
possesses for sale. These offenses are always considered felony
offenses. Selling fewer than twenty-five pounds can be penalized by a
fine of twenty thousand dollars and imprisonment terms between two
years and life in prison.
Selling between twenty-five pounds and one thousand pounds can earn
fours years of imprisonment to life in prison as well as a fine between
twenty-five thousand dollars and one hundred thousand dollars. Selling
more than one thousand pounds can earn a fine between one hundred
thousand and five hundred thousand dollars as well as four years to
life in prison.
Selling to a minor can earn doubled penalties that are based on the
number of pounds sold. The sale of marijuana on or within two thousand
feet of school property, public parks, or public housing can also earn
doubled penalties.
Other Marijuana paraphernalia offenses are considered misdemeanor
offenses and can come with up to one year in jail and a fine between
one thousand and ten thousand dollars. Oklahoma currently does not have
laws in regards to driving under the influence of marijuana, though
charges are often associated with intoxication charges.