Oklahoma Marijuana Laws

 

Posession

Any Amount: Misdemeanor, One year incarceration, $1000 max fine. (As of 07/01/2017)

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

Sale or Distribution

Type Offense Incarceration Max Fine
Less than 25lbs Felony 2 years to life $20,000
25 to 1000lbs Felony 4 years to life $100,000
More than 1000lbs Felony 4 years to life $500,000

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

Possession of Proceeds from Drug Activity

A. It is unlawful for any person knowingly or intentionally to receive or acquire proceeds and to conceal such proceeds, or engage in transactions involving proceeds, known to be derived from any violation of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or of any statute of the United States relating to controlled dangerous substances as defined by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title. This subsection does not apply to any transaction between an individual and the counsel of the individual necessary to preserve the right to representation of the individual, as guaranteed by the Oklahoma Constitution and by the Sixth Amendment of the United States Constitution. However, this exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or of any statute of the United States relating to controlled dangerous substances as defined by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title.

B. It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any violation of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or of any statute of the United States relating to controlled dangerous substances as defined by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title.

C. It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or of any statute of the United States relating to controlled dangerous substances as defined by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title.

D. It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds derived from a violation of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or of any statute of the United States relating to controlled dangerous substances ass defined by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or of any statute of the United States relating to controlled dangerous substances as defined by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds known to be derived from a violation of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or of any statute of the United States relating to controlled dangerous substances ass defined by the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of this title, or to avoid a transaction reporting requirement under state or federal law.

E. Any person convicted of violating any of the provisions of this section is guilty of a felony and may be punished by imprisonment for not less than two (2) years nor more than ten (10) years or by a fine of not more than Fifty Thousand Dollars ($50,000.00) or by both said imprisonment and fine.

Hash & Concentrates

Type Offense Incarceration Max Fine
Possession Misdemeanor 1 Year $1,000
Possession with Intent Felony 2 years to life $20,000
Converting Marijuana to Hash or Concentrates Felony 2 years to life $50,000

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 and Okla. Stat. tit. 63 § 2-509

Paraphernalia

Type Offense Incarceration Max Fine
First offense Misdemeanor 1 Year $1,000
Second Offense Misdemeanor 1 Year $5,000
Third Offense Misdemeanor 1 Year $10,000

Miscellaneous

Any conviction will lead to a driver’s license suspension from 6 months to 3 years. 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 and Okla. Stat. tit. 63 § 2-101

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 Terms

  • Dispensing - Delivering a controlled dangerous substance to an ultimate user or human research subject by or pursuant to the lawful order of a practitioner. Reference: 63 O.S. 2001, § 2-101(11).

  • Distribute - "Distribute" means to deliver other than by administering or dispensing a controlled dangerous substance. Reference: 63 O.S. 2001, § 2-101(12).

  • Drug Paraphernalia - Any kind of equipment, products, or materials that are used or intended for use in planting, propagating, cultivating, growing, harvesting,  manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, contain ing, concealing, injecting, ingesting, or inhaling a controlled dangerous substance. Reference: 63 O.S. 2001, § 2-101(36).

  • Endeavoring - Endeavoring means any effort to do or accomplish the evil purpose that the law was enacted to prevent. References: United States v. Russell, 255 U.S. 138, 143 (1921); United States v. Ogle, 613 F.2d 233, 241-42 (10th Cir. 1979).

  • Knowing - Being aware of the existence of facts that cause the act or omission to be criminal in nature. A person need not be aware of the applicable law to do an act "knowingly," but only needs to be aware of the applicable facts. Reference: 21 O.S. 2001, § 96.

  • Manufacturing - Production, preparation, propagation, compounding, or processing a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis; or a combination of extraction and chemical synthesis. Reference: 63 O.S. 2001, § 2-101(19).

  • Possession - Actual physical custody, or knowledge of the substance's presence, as well as power and intent to control its use or disposition. References: Miller v. State, 579 P.2d 200 (Okl. Cr. 1978); Staples v. State, 528 P.2d 1131 (Okl. Cr. 1974). See also OUJI-CR 6-11, supra.

  • Willfully - Purposefully Willfully does not require any intent to violate the law, or to injure another or to acquire any advantage. Reference: 21 O.S. 2001, § 92.

Drug Offense Statues

No person may be convicted of use/possession/delivery/manufacture of drug paraphernalia unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

  • Knowingly or intentionally using or possessing drug paraphernalia
  • Delivering, Possessing, Manufacturing drug paraphernalia knowing that it was to be used
  • Delivering drug paraphernalia to a person under 18 years of age who was at least 3 years younger than the defendant knowing that it was to be used

  • Used - To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, or inhale the controlled dangerous substance.