Oklahoma Marijuana Laws 2021

The Oklahoma Medical Marijuana Authority

On June 26th, 2018, Oklahoma’s marijuana laws were made official through the voter-approved Medical Marijuana Legalization Initiative. With this, Oklahoma officially became the 30th US state to legalize marijuana for medicinal purposes.

Soon after, the Oklahoma Medical Marijuana Authority (OMMA) was established in order to enforce and regulate the Oklahoma state medical marijuana program. OMMA rules in-state patient and caregiver registration, maintains up-to-date physician databases, and issues licenses for growers and dispensaries.

Ever since its creation, Oklahoma lawmakers have tried to introduce recreational laws within the state’s marijuana legislation, such as 2020’s State Question 811, but the bill failed to materialize. State lawmakers are now considering a revamped adult-use legalization bill for 2022’s legislative session. 

Program Approval Date

November 2010

Patient ID Card Validity

2 years

Application Fee

$150

Certification Renewal

Every 2 years*

* The MMP-issued Identification Card expiry date may vary. The doctor’s recommendation, along with your medical marijuana purchasing rights, are only valid for 2 year. Following that, we recommend you book a re-evaluation with our licensed doctors. 

Oklahoma Medical Card Rules

 While your medical card grants you a great deal of empowerment over your health and well-being, you should be aware of the OMMA laws imposed at a state-wide level. Once you have become an Oklahoma medical marijuana patient, you should be aware of the following: 

  • 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, 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:  

Oklahoma Marijuana Laws: 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. 
Possession 
Quantity Penalty Jail Time Legal Fine
Any amount (first violation)* Misdemeanor 1 year $1,000
Any amount (succeeding violation) Misdemeanor 1 year $1,000
Special Considerations
First-time offenders may be eligible for conditional release. 
Distribution within 1000 feet of public places such as parks, public housing, or school, will carry a doubled prison sentence and legal fine, with the mandatory minimum prison sentence of 50% of the initial court ruling. 
All possession offenders must also pay a $100 fine for special assessment trauma care. 
Offenders will be subjected to driver’s license suspension between 6 months and 3 years. 

 

Oklahoma Marijuana Laws: 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. 

 

Sale and Distribution
Quantity Penalty Jail Time Legal Fine
< 25lbs Felony 2 years life $20,000
25 1000lbs Felony 4 years life $100,000
> 1000lbs Felony 4 years life $500,000
Special Considerations
Distribution to a minor will result in the offender receiving a doubled prison sentence and legal fine. 
Distribution within 2000 feet of public places such as parks, public housing, or school, will carry a doubled prison sentence and legal fine, with the mandatory minimum prison sentence of 50% of the initial court ruling. 

Oklahoma Marijuana Laws: 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.
Cultivation
Quantity Penalty Jail Time Legal Fine
<1000 plants Felony 20 life $25,000
>1000 plants Felony 20 life $50,000
Any above the legal limit by a landowner Felony 2 life $50,000

Oklahoma Marijuana Laws: 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. 
Hashish and Concentrates
Offense Penalty Jail Time Legal Fine
Conversion (1st- time offenders) Felony 2 years life $50,000
Conversion (subsequent offenders) Felony 4 years life $100,000
Possession (1st-time offenders) Misdemeanor 1 year $1,000
Possession (subsequent offenders) Misdemeanor 2 10 years $5,000
Hashish and Concentrates (cont.)
Offense Penalty Jail Time Legal Fine
Distribution Felony 2 years life $20,000
Within 1000ft of school grounds (1st offense) Felony 2 years $2,000
Within 1000ft of school grounds (subsequent offense) Felony 4 — 20 years $10,000
Paraphernalia possession (1st offense) Misdemeanor 1 year $1,000

Paraphernalia possession (2nd offense) 

Misdemeanor 1 year $5,000
Paraphernalia possession (3rd offense)  Misdemeanor 1 year $10,000

Oklahoma Marijuana Laws:  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. 
Paraphernalia 
Offense Penalty Jail Time Legal Fine
Possession of Paraphernalia (1st violation) Misdemeanor One year $1,000
Possession of Paraphernalia (2nd violation) Misdemeanor One year $5,000
Possession of Paraphernalia (3rd violation) Misdemeanor One year $10,000

Oklahoma Marijuana Laws: FAQs

Questions about OK Laws and Regulations

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 Pennsylvania:

Is medical marijuana legal in Oklahoma?

Yes. The Oklahoma medical marijuana bill was passed in 2018 and it has benefitted hundreds of thousands of patients since. More than half of the participants voted on the ballot to legalize medical marijuana in the state, making it legal for approved patients to use the substance. 

The Oklahoma Department of Health now has an extensive medical cannabis program which is governed by the state program Oklahoma Medical Marijuana Authority (OMMA). Together, these entities make up the program responsible for the regulations and rules for the use and cultivation of medical cannabis in the state. 

Does Oklahoma accept out of state medical cards?

Yes. Out-of-state patients can purchase medical marijuana products from any Oklahoma-state dispensary through a temporary patient card

How do I obtain a grower's license in Oklahoma?

Are edibles legal in Oklahoma?

Yes. Oklahoma laws allow dispensaries to offer edible marijuana as part of their medical product stock. 

Is CBD oil legal in Oklahoma?

Yes, along with 2018’s legalization bill, hemp-based oil was made a legal, merchandisable product in the state of Oklahoma. You can easily purchase it at any dispensary near you, or through an online CBD product retailer. 

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