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?

If you hold an OMMA patient license, you must follow Oklahoma’s rules for possessing, cultivating, purchasing, and using medical marijuana.

• • You may possess up to 3 ounces of marijuana on your person and up to 8 ounces at your residence.
  • Home cultivation is limited to 6 mature marijuana plants and 6 seedlings. You may also possess the marijuana harvested from those plants.
  • The possession limits also include up to 1 ounce of concentrated marijuana, 72 ounces of edible marijuana, and 72 ounces of topical marijuana.
  • Medical marijuana must be purchased from an OMMA-licensed dispensary. Licensed dispensaries may sell medical marijuana and medical marijuana products to licensed patients and caregivers.
  • You must follow Oklahoma law and OMMA rules governing the possession, cultivation, purchase, use, and transfer of medical marijuana.

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. 1. Possession
   2. Distribution/ Intent to Sell
   3. Cultivation
   4. Hashish & Marijuana Concentrates
   5. Paraphernalia

Possession

Oklahoma sets limits on how much medical marijuana OMMA-licensed patients can possess. Exceeding these limits may result in the following penalties and legal consequences:

• • Unlawful possession of marijuana is a misdemeanor punishable by confinement for not more than 1 year and a fine not exceeding $1,000.
  • The repeat-offense provision for possession does not apply to violations involving marijuana possession.
  • Possession of marijuana within 1,000 feet of a school, public park, or an area populated by children under 12 does not automatically constitute a felony. The 2,000-foot protected-zone provision applies to specified offenses involving transporting with intent to distribute, distributing, possessing with intent to distribute, and certain unlawful manufacturing.
  • A person convicted under the possession statute must also pay a $100 special assessment for trauma care.
  • The possession statute does not provide for a 6-month to 3-year driver’s license suspension as a penalty for marijuana possession.

Distribution / Intent to Sell

Oklahoma law establishes different penalties for distributing marijuana or possessing marijuana with intent to distribute, depending on the amount involved and the circumstances of the offense:

• • Distributing or possessing marijuana with intent to distribute less than 25 pounds is a Class D1 felony, punishable by imprisonment for up to 5 years and a maximum fine of $20,000.
  • Trafficking in 25 pounds or more but less than 1,000 pounds of marijuana is punishable for a first offense by imprisonment for up to 20 years and a fine of $25,000 to $100,000.
  • Aggravated trafficking involving 1,000 pounds or more of marijuana is punishable for a first offense by imprisonment for 20 years to life and a fine of $100,000 to $500,000.
  • Distributing marijuana to a person under 18 years of age, or distributing marijuana in the presence of a person under 12 years of age, is a Class C1 felony. A first offense carries 2 to 10 years of imprisonment, a second offense carries 4 to 20 years, and a third or subsequent offense carries 10 years to life.
  • Distributing or possessing marijuana with intent to distribute within 2,000 feet of a school, college or university, recreation center, public park, public housing project, or child-care facility is a Class C1 felony and is subject to enhanced penalties under Oklahoma law.

Cultivation

OMMA-licensed patients may cultivate medical marijuana within the limits allowed under Oklahoma law. Cultivating or permitting the cultivation of marijuana outside those requirements can result in felony charges and the following penalties:

• • Cultivating or producing marijuana, or knowingly permitting its cultivation, production, or wild growing on land owned or controlled by the person is a Class B4 felony punishable by imprisonment for up to 10 years and a fine of up to $50,000.
  • A 2nd conviction under this provision is punishable by 2 to 20 years of imprisonment and a fine of up to $100,000.
  • A 3rd or subsequent conviction is punishable by 10 years to life imprisonment and a fine of up to $100,000.
  • These penalties apply to unlawful cultivation. OMMA-licensed patients may legally cultivate up to 6 mature marijuana plants and 6 seedling plants, subject to Oklahoma law and current OMMA rules.

Hashish & Concentrates

Oklahoma law imposes penalties for unlawful conduct involving marijuana, hashish, and marijuana concentrates. The penalties vary depending on the type of offense:

• • Manufacturing or attempting to manufacture a controlled dangerous substance by cooking, burning, or extracting and converting marijuana or marijuana oil into hashish, hashish oil, or hashish powder is a Class B4 felony.
  • A Class B4 felony is punishable by up to 10 years in prison and a fine of up to $50,000. Enhanced penalties may apply for subsequent qualifying convictions.
  • Unlawful possession of marijuana, including concentrated marijuana, is a misdemeanor punishable by up to 1 year in county jail and a fine of up to $1,000.
  • The enhanced repeat-offense penalties for possession under Oklahoma law do not apply to violations related to the possession of marijuana.
  • Distributing marijuana or possessing marijuana with intent to distribute is a Class D1 felony. A first offense is punishable by up to 5 years of imprisonment and a fine of up to $20,000.
  • Trafficking in 25 pounds or more of marijuana is subject to enhanced felony penalties. A first offense involving 25 pounds or more is punishable by up to 20 years of imprisonment and a fine of $25,000 to $100,000.
  • Aggravated trafficking involving 1,000 pounds or more of marijuana is punishable by 20 years to life imprisonment and a fine of $100,000 to $500,000.
  • Distributing marijuana to a person under 18 years of age, or distributing marijuana in the presence of a person under 12 years of age, carries additional felony penalties under Oklahoma law.
  • Distributing marijuana or possessing marijuana with intent to distribute within 2,000 feet of certain protected locations, including schools, public parks, recreation centers, public housing projects, and child-care facilities, is subject to enhanced felony penalties.
  • Unlawful drug paraphernalia offenses are subject to misdemeanor penalties of up to 1 year in county jail and a fine of up to $1,000 for a first offense, up to $5,000 for a 2nd offense, and up to $10,000 for a 3rd or subsequent offense. However, devices used to process or consume medical marijuana are specifically protected under Oklahoma law and may legally be sold, manufactured, distributed, and possessed.

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: