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Oklahoma Marijuana Law, Regulation, Penalties, Attornies & Congressman

Oklahoma Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

Any amount (first offense) Misdemeanor 1 year $ 1,000
Any amount (subsequent offense)* Misdemeanor 1 year $ 1,000
* Effective 07/01/2017

Sale or Distribution

Less than 25 lbs Felony 2 years – life $ 20,000
25 – 1000 lbs Felony 4 years – life $ 100,000
1000 lbs or more Felony 4 years – life $ 500,000
To a minor carries a double period of incarceration and fine.
Within 2000 feet of schools, public parks, or public housing carries a double period of incarceration and fine, and a mandatory minimum sentence.

Cultivation

See Possession and Sale sections for details.

Hash & Concentrates

Possession Misdemeanor 1 year $ 1,000
Distributing, dispensing, transporting or possession with intent Felony 2 years – life $ 20,000
Converting marijuana into hashish or concentrates Felony 2 years – life $ 50,000

Paraphernalia

Possession of paraphernalia (first offense) Misdemeanor 1 year $ 1,000
Possession of paraphernalia (second offense) Misdemeanor 1 year $ 5,000
Possession of paraphernalia (third offense) Misdemeanor 1 year $ 10,000

Miscellaneous

Any conviction will lead to a driver’s license suspension from 6 months – 3 years.

Penalty Details

Marijuana is classified as a Schedule I drug. The definition of marijuana excludes the mature stalks of marijuana and any fiber produced from the stalks and oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marihuana plant,

See

  • Okla. Stat. tit. 63 § 2-204 (2016) 
  • Okla. Stat. tit. 63 § 2-101 (2016) 

Possession

Possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000 [conditional release is possible for a first offense].

Beginning on July 1, 2017, a second offense for possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000

Possession of marijuana within 1,000 feet of a public or private school or university, public park or in the presence of a child under the age of 12 is a felony. This charge is punishable either by a doubling of the term of imprisonment or fine or both. A person convicted under this section must serve a mandatory minimum sentence of 50% of the sentence received.

A person convicted under this section must also pay a special assessment trauma care fee of $100.

See

  • Okla. Stat. tit. 63, § 2-402 (2017)

Sale or Distribution

The sale of less than 25 pounds is a felony, punishable by incarceration for a period of 2 years-life, as well as a fine of $20,000.

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 is punishable with a maximum fine of $500,000, and/or between four years and life imprisonment.

The sale to minors is a felony, which is punishable by doubling the penalty for both the period of incarceration, as well as the fine to be paid.

The sale within 2,000 feet of schools, public parks, or public housing is a felony, punishable by a double penalty for both the period of incarceration as well as the fine to be paid. A conviction carries with it a mandatory minimum sentence of 50% of the imposed sentence.

See

  • Okla. Stat. tit. 63 § 2-401 (2016) 

Cultivation

Cultivating up to 1,000 plants is a felony, punishable by a maximum $25,000 fine and between 20 years and life imprisonment. Cultivation of more than 1,000 plants is punishable of a fine up to $50,000 and between 20 years and life imprisonment.

Cultivation of marijuana by the owner of land is a felony punishable by a term of imprisonment between 2 years and life and a fine up to 50,000.

See

  • Okla. Stat. tit. 63 § 2-401 (2016) 
  • Okla. Stat. tit. 63 § 2-509 (2016)

Hash & Concentrates

Hashish or concentrates fall under Oklahoma’s definition of marijuana and are Schedule I drugs.

See

  • Okla. Stat. tit. 63 § 2-101 (2016)
  • Okla. Stat. tit. 63 § 2-204(C)(12) (2016) 

Converting or attempting to convert marijuana into hashish or concentrates is a felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 and up to remainder of the offender’s life. Subsequent convictions are punishable by a fine no greater than $100,000 and a term of imprisonment greater than 4 years and up to the remainder of the offender’s life.

See

  • Okla. Stat. tit. 63 § 2-509 (2016) 

Distributing, dispensing, transporting with intent to distribute, possessing with intent to manufacture, distribute, or dispense, hashish or concentrates is a felony punishable by a fine no greater than $20,000 and a term of imprisonment no less than 2 years and up to the remainder of the offender’s life.

See

  • Oklahoma Stat. tit. 63 § 2-401 (2016) 

Possessing hashish or concentrates is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second or subsequent conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no less than 2 years and no greater than 10 years. If the offense occurred within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age, the offense becomes a felony punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 2 years. A second or subsequent conviction for possession of hashish or concentrates within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age is punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 4 years and no greater than 20 years.

See

  • Okla. Stat. tit. 63 § 2-402(B)(2) (2016) 
  • Okla. Stat. tit. 63 § 2-402 (C) (2016) 

Any equipment or device used to create hashish or concentrates is considered paraphernalia. Possessing, transporting, using, or manufacturing any such equipment or device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 1 year. A third conviction is punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 1 year.

See

  • Okla. Stat. tit. 63 § 2-101(36) (2016)
  • Okla. Stat. tit. 63 § 2-405 (2016)

Paraphernalia

A conviction for possession of paraphernalia is a misdemeanor that is punishable by up to one-year imprisonment as well as a $1,000 fine.

A second paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment as well as a $5,000 fine.

A third paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment and a $10,000 fine.

See

  • Okla. Stat. tit. 63 § 2-405 (2016)

Forfeiture

Marijuana, vehicles and property can be forfeited.

See

  • Okla. Stat. tit. 63 § 2-503 (2016) 

Miscellaneous

Any conviction will lead to a driver’s license suspension from 6 months to 3 years. Immediately revoke for any conviction of misdemeanor or felony conviction for possessing, distributing, dispensing, manufacturing, trafficking, cultivating or selling a controlled substance.

See

  • Okla. Stat. tit. 47 § 6-205(A)(6) (2016)
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. ]

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Oklahoma Drugged Driving

In Oklahoma, it is unlawful for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle. Okla. Stat. Ann. tit. 47, § 11-902 (West 2009).

In Oklahoma, it is a crime to operate a motor vehicle if one has any detectable amount of THC and/or its inactive metabolites in his/her blood, saliva, or urine. The law took effect on October 1, 2013.

Affirmative Defense

The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section. Id. § 8-1567(c).

Implied Consent

  • Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings within this state shall be deemed to have given consent to a test or tests of such person’s blood, saliva or urine for determining the presence or concentration of any intoxicating substance if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance. Id. § 751.
  • If a conscious person under arrest refuses to submit to testing of his or her blood or breath for the purpose of determining the alcohol concentration thereof, or to a test of his or her blood, saliva or urine for the purpose of determining the presence or concentration of any other intoxicating substance, none shall be given, but the Commissioner of Public Safety shall revoke the license to drive and any nonresident operating privilege. Id. § 753.

Penalties

  • First offense misdemeanor – Offender required to participate in a drug/alcohol assessment; imprisonment in jail for not less than ten (10) days nor more than one (1) year; fine of not more than One Thousand Dollars ($ 1,000.00). Id. § 11-902(C)(1).
  • Second offense (within ten (10) years) felony – offender will be placed in the custody of the Department of Corrections fornot less than one (1) year and not to exceed five (5) years; fine of not more than Two-Thousand Five Hundred Dollars ($2,500). Id. § 11-902(C)(2).
  • Second felony DUI conviction– treatment at offender’s expense; two hundred forty (240) hours of community service; use of an ignition interlock device; OR offender will be placed in the custody of the Department of Corrections for not less than one (1) year and not to exceed ten (10) years; fine of not more than Five Thousand Dollars ($ 5,000.00). Id. § 11-902(C)(3).
  • Third or subsequent felony DUI conviction – not less than one (1) year of supervision and periodic testing at the defendant’sexpense; four hundred eighty (480) hours of community service; use of an ignition interlock device for a minimum of thirty (30)days; ORoffender will be placed in the custody of the Department of Corrections for not less than one (1) year and not to exceed twenty (20) years fine of not more than Five Thousand Dollars ($ 5,000.00). Id. § 11-902(C)(4).

Other Penalties & Penalty Enhancers

  • When a person is eighteen (18) years of age or older and commits DUI with a child less than eighteen (18) years of age in the vehicle, the fine shall be enhanced to double the amount of the fine imposed for the underlying driving under the influence (DUI) violation which shall be in addition to any other penalties allowed by this section. Id. § 11-902(M)(1).

Sobriety Checkpoints

Oklahoma permits sobriety checkpoints under the state and federal Constitution.

  • Roadblocks must be publicized beforehand; roadblocks must be well lit with signs. Geopfert v. State Ex Re., 884 P.2d 1218 (1994).

Case Law

Phares v. Department of Public Safety, 507 P.2d 1225 (1973) — Motorist’s refusal to submit to chemical test until he had consulted with counsel was a “refusal” under statute.

Oklahoma Tax Stamps

Stamp
State Code §450
Tax Rate $3.50/gram
Penalty for Nonpayment (Civil and Criminal ) 200% of tax
Additional Information

Oklahoma Verified Marijuana/ Cannabis Attorney / Lawyers

Chad Moody

405-231-4343

Chad Ward Moody

Chad Moody
200 N. Harvey Suite 110

Oklahoma CityOK 73102

thedruglawyer.com

Phone: 405-231-4343

Paul D Brunton

918-599-8600

Paul D Brunton

 
Nine East 4th Street 900 Reunion Center

TulsaOK 74103

www.paulbruntonlaw.com

Phone: 918-599-8600

Jay Kent Ramey

918-582-5444

Jay Kent Ramey

Jay K. Ramey, Attorney at Law
1408 South Denver Ave

TulsaOK 74119

www.jayrameylaw.com

Phone: 918-582-5444

Justin Lowe

405-767-0522

Justin  Lowe

 
3133 NW 63rd Street

Oklahoma CityOK 73116

justinlowepc.com

Phone: 405-767-0522

Stephen Cale

918-277-4800

Stephen  Cale

Cale Law Office
624 S. Denver Ave. Suite 300

TulsaOK74119

CaleLawOffice.com

Phone: 918-277-4800
 
 

Oklahoma Congressman

Senators

Jim Inhofe (R)

OKLAHOMA

 

Grade: D

Votes

 

No sponsorships or comments

 

James Lankford (R)

OKLAHOMA

 

Grade: F

Votes

 

Comments

“But Lankford said Democratic leaders in states that have legalized marijuana are beginning to rethink that policy and that he would have a hard time supporting such a move. “I just don’t think that’s the best thing we can do for our kids,” Lankford said.” 10/7/2014 (Link)
On marijuana: “I have seen first-hand the damage it has done to families.” 11/2/2014 (Link)
“Sen. James Lankford proposed Thursday that Indian tribes cultivating or selling marijuana on their lands be stripped of federal funds. Marijuana cultivation and sale are illegal under federal law. However, the Obama administration has recently given tribes flexibility in how they want to approach enforcement of marijuana laws on their reservations. That flexibility may even extend to allowing American Indian tribes to legalize marijuana on their land and to tribal governments profiting from the sale. Lankford’s bill would prohibit that…Tribes receive federal funds, including grants, from numerous federal departments and agencies for the array of services they provide.” 8/11/2015 (Link)

 
 

House of Representatives

Jim Bridenstine (R)

OKLAHOMA

 

Grade: D

Votes

 

No sponsorships or comments

 

Tom Cole (R)

OKLAHOMA

 

Grade: D

Votes

 

No sponsorships or comments

 

Frank Lucas (R)

OKLAHOMA

 

Grade: D

Votes

 

No sponsorships or comments

 

Markwayne Mullin (R)

OKLAHOMA

 

Grade: D

Votes

 

No sponsorships or comments

 

Steve Russell (R)

OKLAHOMA

 

Grade: D

Votes

 

No sponsorships or comments