State Laws

Oklahoma Marijuana Laws

     

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.

See also:
Oklahoma Felony
Oklahoma Gun Laws
Oklahoma Divorce
Oklahoma Arrest Warrants External link (opens in new window)
Oklahoma Misdemeanor External link (opens in new window)
Oklahoma Expungement External link (opens in new window)