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Oklahoma Marijuana Laws

Marijuana has been legalized for medical use in Oklahoma, but recreational use remains illegal. Medical CBD is already available in The Sooner State, while the recently signed full-plant medical marijuana program is not yet operational. 

Oklahoma Marijuana Attorneys

The following Oklahoma lawyers are actively involved in the practice of cannabis law:

LAW BREAKDOWN

Oklahoma allows the medical use of marijuana for conditions approved by a treating physician. While the full medical marijuana law is not yet operational, CBD is already widely available. Recreational use of cannabis has not been decriminalized.

Possession and Cultivation

Possessing or growing any amount of marijuana is a misdemeanor in Oklahoma, and the maximum possible penalty is one year in jail and $1,000 in fines (conditional release is possible on a first offense). Subsequent offenses have the same maximum penalties, but not possibility of conditional release.

Possession of marijuana within 1,000 feet of a school or university, a public park, or in the presence of a child younger than 12 is a felony that comes with doubled penalties and a mandatory minimum of half of the sentence received.

Sale and Distribution

It is a felony to sell or distribute any amount of cannabis in Oklahoma, or to possess large quantities of the drug with intent to sell it. Where the amount is less than 25 pounds, the penalty is between two years and life in prison, plus a potential $20,000 fine.

If the amount is greater than 25 pounds but less than 1,000, the punishment is four years to life in prison and a maximum of $100,000. The prison sentence is the same if the amount is more than 1,000 pounds, but the top fine increases to $500,000.

Penalties double if the cannabis is sold or distributed to a minor. If the transaction occurs within 2,000 feet of a school, park, or public housing project, penalties double and a mandatory minimum sentence is imposed.

Hash and Concentrates

Oklahoma marijuana law is especially harsh in its treatment of hashish, hash oil, and other marijuana concentrates. Possession of any amount for personal use is a misdemeanor punishable by up to one year in jail and $1,000 in fines.

It is a felony to distribute, disperse, or transport concentrates, or to possess them with intent to sell or distribute them. The minimum is two years in prison while the maximum is life and a $20,000 fine.

Finally, manufacturing concentrates by purifying THC is a felony with a term of two years to life in prison and a top fine of $50,000.

Paraphernalia

Marijuana paraphernalia is also banned under Oklahoma law, and offenses are treated as misdemeanors. Possessing paraphernalia is punishable by up to one year in jail. Marijuana paraphernalia includes any items used in the cultivation, harvesting, storing, analysis, testing, or use of marijuana.

Possession and use. The fine for use of paraphernalia, or possession with intent to do so, increases with subsequent offenses.

  • First offense – On a first offense, the crime is a misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both.
  • Second offense – On a second offense, the maximum jail term remains the same, but the fine increases to a possible $5,000.
  • Third and subsequent offenses – The maximum possible fine increases to $10,000 on any subsequent offense.

MEDICAL MARIJUANA

Oklahoma’s CBD-oil legislation allows the research into cannabis extracts which can provide relief for children with debilitating seizures.

Qualifying conditions – Pediatric Epilepsy

Patient possession limits – Liquid CBD preparations containing no more than three-tenths of a percent THC. CBD may only be derived from the seeds or stalks of the marijuana plant.

Home cultivation – No

State-licensed dispensaries – No

Caregivers – No

Reciprocity – No

Contact information – The Oklahoma Bureau of Narcotics
Commissioner of Health
OU Medical Center

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Any amount (first offense) Misdemeanor 1 year $ 1,000
Any amount (subsequent offense) Misdemeanor 1 year $ 1,000

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.