Oklahoma Marijuana Laws
Recreational marijuana is illegal in Oklahoma, but patients may use cannabis to treat a list of qualifying conditions. Those registered with the state can legally possess up to three ounces of cannabis in public and eight ounces at home, one ounce of cannabis concentrates, and 72 ounces of edible products. Patients are permitted to cultivate their own cannabis at home but can not exceed six mature plants and six seedlings.
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LAW BREAKDOWN
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Marijuana has been legalized for medical use in Oklahoma, but recreational use remains illegal.
Possession
Possessing or growing any amount of marijuana is a misdemeanor in Oklahoma, and the maximum possible penalty is 1 year in jail and $1,000 in fines (conditional release is possible on a first offense). Subsequent offenses have the same maximum penalties, but no 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Any amount (first offense) | Misdemeanor | 1 year | $ 1,000 |
| Any amount (subsequent offense) | Misdemeanor | 1 year | $ 1,000 |
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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 2 years and life in prison, plus a potential $20,000 fine.
If the amount is greater than 25 pounds but less than 1,000 pounds, the punishment is 4 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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. | |||
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Cultivation
| Offense |
|---|
| See Possession and Sale sections for details. |
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 penalty is 2 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 2 years to life in prison and a top fine of $50,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 |
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Paraphernalia
Marijuana paraphernalia is also banned under Oklahoma law, and offenses are treated as misdemeanors. Possessing paraphernalia is punishable by up to 1 year in jail. Marijuana paraphernalia includes any items used in the cultivation, harvesting, storing, analysis, testing, or use of marijuana.
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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 |
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Miscellaneous
| Offense |
|---|
| Any conviction will lead to a driver’s license suspension from 6 months – 3 years. |
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Medical Marijuana
MEDICAL MARIJUANA
Oklahoma introduced legislation allowing CBD oil in 2015 for epileptic children. A more comprehensive medical marijuana law, allowing full-plant marijuana use for a range of conditions, was introduced in 2018, although it is not yet operational.
QUALIFYING CONDITIONS:
Any condition as recommended by the treating physician.
PATIENT POSSESSION LIMITS:
Eight ounces of marijuana in their residence, one ounce of concentrated marijuana, 72 ounces of edible marijuana, and up to three ounces of marijuana on the person.
HOME CULTIVATION:
Yes. Six mature plants and six immature seedlings are permitted.
STATE-LICENSED DISPENSARIES:
Yes
CAREGIVERS:
Yes. Qualified caregivers may provide support for a homebound licensed patient.
RECIPROCITY:
No
Oklahoma Marijuana Attorneys
The following Oklahoma lawyers are actively involved in the practice of cannabis law:
