Oklahoma Marijuana Laws

Related

• How to Get a Medical Marijuana Card in Oklahoma
• Requirements for a Medical Card in Oklahoma
• How to Register with the Oklahoma Medical Marijuana Authority (OMMA)

What Rules Must Marijuana Patient Follow in Oklahoma?

• Your patient status provides you with access to a limited quantity of marijuana – 3 ounces for personal possession, and 8 ounces for at-home possession. You have NO legal excuse to possess any exceeding marijuana beyond this explicitly set limit.

• The only authorized locations for marijuana-related purchases are state-approved dispensaries. Personal sales are highly prohibited by the Oklahoma dispensary rules for sale and distribution, and you should NOT engage with them in any way, shape, or form.

• Your patient status grants you the right to cultivate up to 6 flowering cannabis plants and 6 seedlings on your own property. Licensed patients may also designate their caregiver to grow the cannabis plants in their stead. 

• If your treatment includes hashish-based products OR other products made from any type of marijuana concentrate, know that the regulations remain the same. The state of OK treats hash and concentrates just as it treats marijuana – as a Schedule I drug. The legal possession limit for hash and concentrates is 1 ounce. 

• Marijuana paraphernalia (such as bongs, tobacco blunts, and rolling paper) is not explicitly necessary for your treatment. You have NO legal excuse for possessing such an item, or to be using it in order to create your own medication.

Taking all of these considerations into mind, below we have listed the five main types of marijuana penalties you can be held accountable for as per OMMA regulations:  

1. Possession

2. Distribution/ Intent to Sell

3. Cultivation

4. Hashish & Marijuana Concentrates

5. Paraphernalia

Possession

As 2020 was not the year of legalization for Oklahoma, its drug possession laws remain steadfast. Exceeding the legal possession limit for patients will expose you to the following charges:

• The state of Oklahoma treats possession of any amount of marijuana past the patient-allowed limit (3 or 8 ounces) as a misdemeanor, punishable with a prison sentence of up to 1 year and a maximum legal fine of $1000. First offenders may be eligible for conditional release on a case-by-case scenario. 

• As of July 1st, 2017, second possession offenses of any amount of marijuana are treated as a misdemeanor, punishable with a prison sentence of up to one year, and a maximum legal fine of $1000. 

• If found in possession of marijuana within 1000 feet of school grounds, a public park, or any other area populated by children under the age of 12, it will be treated as a felony charge instead, punishable with a doubled prison sentence and/or legal fine. The mandatory minimum prison sentence for this offense is at least 50% of the initial court ruling. 

• Possession offenders must also pay a $100 fine for special assessment trauma care. 

• Offenses of any kind will lead to a driver’s license suspension for anywhere between 6 months to 3 years. This also applies to any other type of offense beyond possession. 

Distribution / Intent to Sell

The Oklahoma weed laws for distributing and selling make charges vary significantly based on distributed quantity and/or specific offense circumstances.

• Distributing less than 25 pounds of marijuana is treated as a felony that is punishable with a prison sentence of up to 2 years, and a maximum legal fine of $20,000. 

• Selling anywhere between 25 and 1000 pounds of marijuana is also treated as a felony, but with drastically increased punishments. The prison sentence ranges between 4 years and life imprisonment, while the legal fine can range anywhere between $25,000 and $100,000.

• Selling more than 1000 pounds of marijuana results in a felony charge with the same imprisonment range – between 4 years and life imprisonment, but with a maximum legal fine of $500,000. 

• Distributing to a minor doubles the punishments of the pre-existing felony for both the prison sentence, as well as the legal fine. 

• Distribution of marijuana within 2000 feet of school grounds, a public park, or public housing, will also be treated as a felony charge with doubled punishments. The mandatory minimum prison sentence for this offense is at least 50% of the initial court ruling. 

Cultivation

Patients who are found to be cultivating cannabis plants in excess to the legally allowed limit will face a relevant felony charge, as per Oklahoma grow laws:

• Cultivation of up to 1000 plants of cannabis is treated as a felony by Oklahoma marijuana law, and it is punishable with a prison sentence ranging between 20 years and life imprisonment, as well as a maximum legal fine of $25,000. 

• Cultivation of more than 1000 plants of cannabis is also treated as a felony charge, punishable with a prison sentence ranging between 20 years and life imprisonment, but a maximum legal fine of $50,000. 

• If the owner of a private piece of land is the one cultivating the cannabis plants, they may receive a felony charge that is punishable with a prison sentence ranging between 2 years and life imprisonment, as well as a maximum legal fine of up to $50,000.

Hashish & Concentrates

In line with federal law, Oklahoma drug laws treat hashish and marijuana as Schedule I Drugs, identical to marijuana. Therefore, legal punishments match the nature of the regulation:

• Successful or attempted conversion of hashish and/or other marijuana concentrates will be treated as a felony that is punishable with a prison sentence ranging between 2 years and life imprisonment, and a maximum legal fine of $50,000. 

• Subsequent conversion offenders will instead be punished with a prison sentence ranging between 4 years and life imprisonment, and a maximum legal fine of $100,000.

• Possession of hashish and/or other marijuana concentrates will be treated as a misdemeanor that is punishable with a prison sentence of up to 1 year, and a maximum legal fine of $1,000. 

• Subsequent possession offenders will instead be punished with a prison sentence ranging between 2 and 10 years, and a maximum legal fine of $5,000.

• Distribution of hashish for any intent will be treated as a felony that is punishable with a prison sentence ranging between 2 years and life imprisonment, and a maximum legal fine of $20,000. 

• If the offender was within 1000 feet of any of the following when the offense occurred: school grounds, in the presence of a child younger than 12, near a public park, or a recreational center; the offense will automatically be treated as a felony that is punishable with a prison sentence of up to 2 years, and a maximum legal fine of $2,000. 

• A subsequent offense within the same circumstances will instead be punished with a prison sentence ranging between 4 and 20 years, and a maximum legal fine of $10,000

• Possession of hashish paraphernalia (any device used to create or convert hashish and concentrates) will be treated as a misdemeanor punishable with a prison sentence of up to 1 year, and a maximum legal fine of $1,000. 

• Subsequent offenses for paraphernalia possession retain the same prison sentence of up to 1 year, but a second conviction will incur a legal fine of $5,000, while a third conviction will incur a legal fine of $10,000. 

Paraphernalia

Paraphernalia possession incurs the following charges as per Oklahoma marijuana law:

• First-time offenders for paraphernalia possession will be charged with a misdemeanor that is punishable with up to one year in prison, and a maximum legal fine of $1,000. 

• Second-time offenders for paraphernalia possession will be charged with a misdemeanor that is punishable with up to one year in prison, and a maximum legal fine of $5,000. 

• Third-time offenders for paraphernalia possession will be charged with a misdemeanor that is punishable with up to one year in prison, and a maximum legal fine of $10,000. 

Questions about the Oklahoma Marijuana Laws

While the penalties for each medical marijuana law are highly important to take note of, we know that state regulations do not always cover the niche cases.

Below you can find a list of potential FAQs that you might have regarding the current state of medical marijuana in Oklahoma: