Oklahoma has very stringent marijuana laws, with mandatory minimums in place and felony charges for most offenses. The fines in the state run very high, and there are multiple ways to have penalties increased, including the tax stamp law. The state routinely produces a large amount of marijuana, with around 104,000 pounds grown at a street value of up to $824 million a year, according to the DEA.
Medical Marijuana Users
Oklahoma has no medical marijuana laws.
Non-Medical Users:
The state of Oklahoma considers all users non-medical. The state does offer conditional release programs for personal marijuana user arrests, but apart from that, the state criminal codes are relatively harsh marijuana users and traffickers. In fact, any person receiving financial assistance for schooling, fellowships, or other means through the state can lose their funding due to any marijuana charge, and any state employee can be terminated for the same reason.
Penalties for Marijuana Use and Possession in Oklahoma:
|
Possession of any amount, first offense |
Misdemeanor |
Penalties include up to 1 year in jail and a fine |
|
Possession of any amount, subsequent offences |
Felony |
Penalties include up to 2-10 years and a fine |
Penalties for Growing, Selling and Trafficking Marijuana:
Cultivation:
|
Under 1000 plants |
Felony |
Penalties include 2 years to life in prison and a $20,000 fine |
|
Over 1000 plants |
Felony |
Penalties include 20 years to life in prison and $50,000 in fines |
Sale:
|
Under 25 pounds |
Felony |
Penalties include 2 years-life and a $20,000 fine |
|
Between 25-1000 pounds |
Felony |
The penalties are 4 years to life in prison and fines of $25,000-$100,000 |
|
Over 1,000 pounds |
Felony |
Penalties include 4 years to life in prison and fines of $100,000-$500,000 |
|
Sale to minors |
Felony |
Double Penalty |
|
Closer than 2,000 feet to schools, public housing and public parks |
Felony |
Double penalty |
Marijuana Paraphernalia:
|
Paraphernalia |
Misdemeanor |
Penalties include 1 year in prison and fines from $1,000 to $10,000 |
Penalties for Driving Under the Influence of Marijuana (DUID)
Currently, the state of Oklahoma does not have any outstanding
driving under the influence of marijuana, or DUID, laws in place. However, if a driver is found to be “under
the influence” per se while operating a vehicle, regular state DUI charges will
likely be assessed.
Legal Help with a Marijuana Offense
With such strict marijuana laws in place, it is imperative that you seek the counsel of a marijuana attorney if you are facing marijuana charges in Oklahoma. Even for first time offenders with relatively small amounts of marijuana, there is a potential for incarceration. An experienced marijuana lawyer will work around the mitigating factors in your case, while attempting to negotiate a plea bargain, which will probably entail some form mandatory form of substance abuse counseling and probation period. Additionally, since the state has no standard method of assessing the state of “being under the influence of marijuana”, drivers may be able to contest these charges through their marijuana attorney. For these reasons, an individual placed under arrest for a marijuana related charge should never offer any statement to law enforcement until speaking with their attorney, whether private or court-appointed.
