Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Oklahoma, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (63 Ok. Stat. Ann. § 2-204.) Also, while not covered in this article, it is a crime to drive under the influence of marijuana in Oklahoma.
For information about charges and penalties for driving under the influence of marijuana in Oklahoma, see Driving Under the Influence of Marijuana in Oklahoma.
It is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use) in Oklahoma. In addition to a possible fine, the judge will sentence a defendant to up to a year in jail for a first offense, and between two and ten years in prison for a second or subsequent offense. (63 Ok. Stat. Ann. § 2-401.)
Manufacture and Sales
Manufacturing or selling marijuana (or possessing marijuana with the intent to do so) in Oklahoma is illegal. Penalties vary according to the amount possessed, manufactured, or sold. Penalties may double for sales to a minor, and for violations that take place within 2,000 feet of a school, park or public housing units. (63 Ok. Stat. Ann. § 2-401.)
- Cultivating up to 1,000 plants, or selling up 25 pounds. Penalties include a fine of up to $20,000, between two years and life imprisonment, or both.
- Cultivating 1,000 or more plants. Penalties include a fine of up to $50,000, between 20 years and life imprisonment, or both.
- Selling between 25 and 1,000 pounds. Penalties include a fine of between $25,000 and $100,000, between four years and life imprisonment, or both.
- Selling 1,000 pounds or more. Penalties include a fine of between $100,000 and $500,000, between four years and life imprisonment, or both.
It is illegal in Oklahoma to manufacture or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. A conviction may be punished with up to a year in jail, and a fine of up to $1,000 for a first offense; up to $5,000 for a second offense; and up to $10,000 for a third or subsequent offense. (63 Ok. Stat. Ann. § 2-101.1.)
A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.
In Oklahoma, those who buy, transport, or import marijuana into Oklahoma are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (68 Ok. Stat. Ann. § 450.2.)
The Value of Local Legal Representation
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.